John D. Jones’s Answers

John D. Jones

Las Vegas Family Law Attorney.

Contributor Level 10
  1. How long after court does it take to receive joint custody papers?

    Answered almost 2 years ago.

    1. Israel Lynda Kunin
    2. John D. Jones
    2 lawyer answers

    As I explained previously, the Court usually instructs one of the lawyers to prepare the order. you can probably get the minutes on line on the Clark County Courts website. The minutes from the hearing will show who was to prepare the order. Judges seldom prepare their own orders.

    3 lawyers agreed with this answer

  2. How long does it take for someone to receive joint custody papers after court is over?

    Answered almost 2 years ago.

    1. David R. Jacks Jr.
    2. John D. Jones
    2 lawyer answers

    Generally, one party or the other is ordered to prepare the order. Once the order is submitted then it will be filed, and a copy sent to all parties. Often times the Court will order that the party not preparing the order review the order and sign off. If there were lawyers involved, this should not be an issue. If not, she may want to call the law clerk in the judical department the case was in and find out who was supposed to prepare the order and follow up with them.

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  3. Will pictures of my ex's car showing that he wasn't using a car seat hold up in court to show him as an unfit parent?

    Answered about 2 years ago.

    1. John D. Jones
    2. Kari T. Molnar
    3. Keith Pickard
    3 lawyer answers

    Failing to properly secure your child is certainly relevant, but not necessarily proof of unfitness. Knowing the age of the child would help. The younger/smaller the child, the more dangerous. If he is nearly to the age for a booster seat then it would be less persuasive. Have you raised the issue to him before? Has he disregarded your concerns? Those facts may go further to pursuading the Court to enter more specific orders or support a change in the custodial arrangement. Unfortunately,...

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  4. In my divorce decree, I was awarded my Rolex watch and wedding ring that was left at the marital resident. It's been three (3)

    Answered about 2 years ago.

    1. John D. Jones
    2. F. Peter James
    2 lawyer answers

    A great deal depends on the language of the decree. Did she have an affirmative duty to deliver the items? Regardless, I am concerned about how long you waited. Is there a paper trail of all of your attempts to retrieve the items? Depending upon the evidence, the Court could conclude that you abandoned your rights. If you have the serial number of the rolex, you may be able to track down if it were ever pawned. If you let it sit with no efforts for 3 years, it is likely the Court will...

    3 lawyers agreed with this answer

  5. My friend had a domestic case with boyfriend , shes blind in one eye, doesnt want too go to court, will he still get sentenced

    Answered about 2 years ago.

    1. John D. Jones
    2. Kari T. Molnar
    3. Ross Carl Goodman
    4. George G. Trachtman
    4 lawyer answers

    Typically, even if she is reluctant to appear in Court and testify, the District Attorney's office will subpoena her to appear and if she refuses, there may be consequences to her. I guess the reall question for her is whether she is safer with the perpetrator in jail or on the streets. Regardless, the DA takes DV cases seriously and will likely require she appear. That should make the decision easier for her.

    3 lawyers agreed with this answer

  6. When is the effective date of the new amount I would have to start paying?

    Answered about 2 years ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. Allison L. Herr
    3 lawyer answers

    I am not sure what the 10% means, but am curious about whether an order was ever entered to modify custody when you were sent to Germany. If you are back in Vegas, and there was no subsequent order after the Decree awarded you Joint Physical Custody, then the Decree still controls. As far as De Facto changes in custody, what she is saying is that because you were gone for nearly 4 years, she has had Primary Custody solely based upon your absence. Generally judges here in Vegas will give you...

    3 lawyers agreed with this answer

  7. Any advice on post decree discovery or where I can find the law for this?

    Answered over 1 year ago.

    1. John D. Jones
    2. Thomas D. Boley
    3. Jill K. Whitbeck
    3 lawyer answers

    The issue of post judgment discovery is covered in NRCP 16.21. You must get Court permission to conduct discovery. You may consider submitting an affidavit to the Court giving all of the reasons you want to conduct the discovery and all of the things you believe you can prove. Along witht he affidavit you could submit an ex parte order for post judgment discovery. If the Court will not do it ex parte, then a motion will need to be filed and the matter argued at hearing. As far as the DUI...

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  8. What legal rights does the father have if he has been in jail and does not try to contact children?

    Answered over 1 year ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. Tracy M. Rau
    3 lawyer answers

    Technically he still has legal custody rights. You could seek to terminate his parental rights but he would argue that imprisonment should not be a basis to do so. Was he visiting with and supporting the kids before he went to jail? On relocation, the mother would need to either get father's permission in writing, or file a motion. The motion would need to show that there is a sensible good faith reason to move and that alternated visitation (which is not an issue with him in prison) is...

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  9. TRYING TO UNDERSTAND WHETHER THE TIMES I HAVE THE CHILDREN QUALIFY FOR JOINT PHYSICAL CUSTODY. WITH ME THUR-SUN, SPOUSE SUN-THUR

    Answered over 1 year ago.

    1. John D. Jones
    2. Thomas D. Boley
    3. Jill K. Whitbeck
    3 lawyer answers

    I think you may be misreading or reading too much into Rivero. It is a very complicated decision about which every Judge has his or her own opinion and interpretation. The Judge ruled that basically, you have less than 3 days per week. Frankly the Judge may be right. Thursday after school until Sunday morning is less than 3 days. Even if the school time was not counted, your parenting responsibility would not reach 40%. Your argument that the school would call you if the child was sick or...

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  10. How much does an E4 in the Air Force pay for Child Support a month?

    Answered almost 2 years ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. Husna F. Alikhan
    3 lawyer answers

    Child Support in Nevada is based upon a percentage of gross income. For 1 child it is 18%, for 2 it is 25% and for 3 it is 29%. For more children than 3, it increases by 2% per child. This base amount is subject to statutory caps dependingon income level. The following are the current caps based upon level of gross monthly income: $0 - $4,235 is capped at $649 $4,235 - $6,351 is capped at$714 $6,351 - $8,467 is capped at $781 $8,467 - $10,585 is capped at $844 $10,585 - $12,701 is...

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