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Jill K. Whitbeck

Jill Whitbeck’s Answers

2,839 total


  • Can a private process server lie on their affidavit of attempted service?

    I told my spouse's attorney all of the details as to where I could accept service since I'm in an out of state divorce. He came back to me and said the biggest lie on earth-that the process server contacted me, we set up a time, and I was a no-sho...

    Jill’s Answer

    Well of course he filed for divorce . . . what else was he going to serve you with? You need to get copies of those divorce papers (which you can do through the Nevada courts, or a NV attorney) and you need to consult with attorneys both in NY and in NV. If you are in agreement with the terms of a NV divorce, then you can work through the NV process cooperatively. If you are not in agreement, you either need to file your own divorce case in NY or, if you do not wish to be divorced, you need to get the NV case dismissed. You're going to need an attorney either way.

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  • I havent lived with my wife for 10 years. we dont have a legal seperation. she lives in ny where we got married. i live in nv. i

    havent lived together for 10 years

    Jill’s Answer

    You can file for divorce in NV, but you may be only able to get a divorce without matters of asset and debt division being decided. It will depend on whether or not your spouse participates in the action. The NV court has jurisdiction over the divorce itself (so long as you have lived here 6 weeks) but likely would not have jurisdiction over the division of assets and debts. There's also the risk that your wife files in NY and then seeks to dismiss the NV action as being in an "inconvenient" forum, such that you now must do your divorce in NY where the laws are very different. In that case, you may have been farther ahead starting in NY. You would do well to consult with attorney's in both jurisdictions to see what avenues are available and which jurisdiction is most favorable to you. And, of course, if your wife will cooperate, this could be very simply and quickly done in NV.

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  • Do I need to go to court to get full custody if the other parent has gone more than a year without spending equal time?

    The father of my children and I went to court previously and had a joint custody agreement. We modified it at family mediation about a year ago but he is still not holding up his end. He only sees the children about 12 hours a week but maintains t...

    Jill’s Answer

    If you want child support, or, more importantly, if you want court orders that actually reflect your reality and put the proper labels on your current situation, you MUST go back to court. Failing to do so opens the door for the other party to enforce the existing orders at any point in time. Child support modifications are not retroactive, so until you get an order modifying custody, you cannot get an order modifying support.

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  • Do I need permission from my daughter's father

    I moved to las Vegas from ca to be with my boyfriend about a year ago. We now have a baby who is about 2 weeks old I want to take her to California to visit my family but her father is refusing to let me take her and doesn't want to come with us. ...

    Jill’s Answer

    You are allowed to freely travel with the child within the United States. You are not allowed to actually relocate with the child -- as in move away -- without either the father's permission or a court order. So take your trip and visit your family. While you are there, and otherwise, give some deep consideration to this relationship. What kind of person tells you that you CANNOT visit your family with your own child? This type of situation indicates a relationship of control and domination, and perhaps domestic violence. If you are in that kind of situation, please see assistance from the Legal Aid Center of Southern Nevada at the very least. There are a number of free resources out there to help you.

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  • What rights do i have, being the non custodial with shared joint legal only and not having any finalized custody agreement.

    My soon to be ex husband has right now full physical custody of my son. We have already gone through 2 mediations and i am about to take my divorce to trail. I just spent 2500$ on a lawyer who did absolutely nothing for me but only got me to have ...

    Jill’s Answer

    The lawyer did "absolutely nothing" BUT get you the summer with your son. Would that have happened without the lawyer? It sounds like you certainly got your money's worth. You have a lot of water under the bridge here. The Judge won't care that your husband and the child share a room. The Judge will be more concerned about how you are going to maintain a relationship with your son. It sounds like the Judge was already ok with the child being moved to California (unless, of course, your case is actually in CA and it was your husband who filed there) as the child was not ordered to be returned. You should have gotten the child's address as part of the court process, or when the child came to visit with you for the summer. There are many unexplained issues here, and many of them perhaps rest on your failure to take appropriate action in a timely manner under the circumstances. With so much water under the bridge, things aren't likely to change. So your "rights" are to get clear court orders, and then enforce those orders if they are being violated and you have a problem with the violations.

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  • My husband will have been gone for 2 years in Jan. How do I go about getting divorce.

    We lived in Columbia TN the last time I saw him. I left because of abuse and he left sometime later and I don't know where. His mother lives in Grenada MS

    Jill’s Answer

    You need to file in the State where you can meet the necessary residency requirements. If you have been in NV at least 6 weeks, and there are no children involved, you can file here. You will need to make proper efforts to find your spouse to serve him with the papers, and document those efforts (which would include reaching out to his mother since you know where she is). There are forms available online, and through the self-help center. Of course, having an attorney handle things makes the process go much more smoothly.

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  • I'm wondering how common excess verdicts are regarding fender benders where the guy is claiming his back injuries worsened?

    Awhile ago, I was in a very minor car accident with a guy, where I hit the side of his vehicle while making a left turn. I was going 5-10 mph. The problem is this guy has a history of back problems. I have a $250,000 insurance policy but his tea...

    Jill’s Answer

    First, has your company offered policy limits? Perhaps it is not the plaintiff who is unwilling to settle, but your company who is unwilling to make a fair offer. You need to at least consult with independent counsel to protect your personal interests against an excess verdict, and to preserve any potential bad faith claims that would mitigate against your own damages in an excess verdict. It is very rare to see a Plaintiff's attorney pursue a case for more than policy limits, as the odds of collecting (absent an umbrella policy on your part, or good UM/UIM coverage on the part of the injured party) are VERY low.

    Second, has your lawyer sent an Offer of Judgment? If so, how much was it for? Your own lawyer should have explained this to you (as Plaintiff's counsel may serve one), but if you aren't getting good answers, independent counsel would help.

    Third, the jury won't know what your policy limits are. They won't even know that you have insurance. So the question isn't what your exposure may be to an excess verdict, but how much the case is really worth and whether that is more or less than $250,000. Independent counsel could help you determine the true value of the case.

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  • Affidavit of Service by Publication 3 weeks

    My spouse has been deported and the court asked me to add additional information about why she cannot be served in order to approve my request to serve by publication. Is it normal for the court to take 3 weeks to allow service by publication ? Hi...

    Jill’s Answer

    Your spouse being out of the country does not automatically grant you the ability to publish service. A person can be served in another country and the court may require that you do that . . . or even require that you publish in another country. If you are communicating regularly, you should communicate about him agreeing to the terms of divorce and signing both an acceptance of service and a settlement agreement. That not only gets service done, but gets your entire case done (if you've otherwise complied with the necessary legal requirements). Is it "normal" for the court to take 3 weeks to issue an order? Sure, depending on the court.

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  • I have been paying child support by writing a check every month. Can I have it taken directly out of my account every

    month? Will this money be taken pre-taxed money? Also, does the other party have to claim the child support as income on their taxes? Thank you!

    Jill’s Answer

    The only way to have the money come directly out of your account is by setting up online bill pay, or having it garnished by the DA or AG. The funds are not "pre-tax" but based on gross. Child support is not a write off for the payor, and is not claimed income to the payee.

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  • Is there a way to have the courts verify income on a defendant?

    I'm in the middle of a child support case and believe that my children father is submitting documents that are tampered with the defendant has worked in the same place for the last 5 years and has always made 50.000 a year, but now that I'm taking...

    Jill’s Answer

    You have a couple of options, depending on what agency you are dealing with (AG, DA, or custody/divorce case apart from AG or DA). If you have an AG or DA case, start by talking to your caseworker and finding out what documents they have acquired to confirm income. They should have verification directly from the employer, as well as a financial declaration from your ex. You are entitled to see those documents. You can also ask that they verify school enrollment, and what funds are being used to pay for school. If your ex is getting grants/loans/scholarships beyond the cost of school itself, those funds count as income. The financial declaration must include at least 3 paycheck stubs. Those will show year to date income from which you can average monthly income. If not an AG/DA case, you still have the right to a financial declaration w/paycheck stubs. And, if necessary, you can ask the court for permission to conduct discovery so you can serve a subpoena on his employer to verify his income and on his school to verify his financial info there . . . and perhaps for bank records to show how much he's depositing.

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