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Joanne Reisman

Joanne Reisman’s Answers

1,924 total


  • Did my husband work until age 70 for nothing? Will I only get survivors benefits on what he would have gotten at age 66?

    My husband of 32 years recently passed away. He worked until age 70. I'm not 66 for another 17 months. Social Security tells me I am only eligible for 100% of what he would have had at his FRA of 66 and then only if I wait until my FRA at 66. I un...

    Joanne’s Answer

    My educated guess is the government pays more to those who wait as a gamble that some people won't make it so in the end, and for those that do make it to the later retirement age, they are closer to dying so there are less years left for them to collect. So really the bonus for waiting is a scheme where the government is using life expectancy tables and estimating that over all they will pay out less money. So your husband, by waiting, gave up getting the early payments and gambled that he would get more later, but died before he really could collect the bonus. Now think about it. If this is about a scheme where the government is saying, wait and you get more, but only if you stay alive, then if the bonus was owed to a spouse, it would defeat the entire scheme. It is all about gambling based on one's life expectancy and so it logically has to be tied to the life expectancy of the person that is gambling, ie, your husband. Did you ask if you will get a higher benefit if you wait until your are 70 to start drawing on your SS?. Again this is my educated guess. You should talk to an attorney that specializes in SS benefits if you want more precise information. Sometimes the people at the SS office do give you the wrong information. An attorney that specializes in SS benefits might be able to find a loophole or some other benefit that you don't know about.

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  • Visitation....how many days is he allowed???

    I don't have a court order parenting plan.....I let my sons dad have him overnight.....he was an hour late picking him up....and when I got him back he had 2 big splinters in his hand no clothes on and a dirty butt and he was late bringing him hom...

    Joanne’s Answer

    You can file a petition with your local court requesting that you get custody (if that hasn't already been established) and that a formal parenting time plan be set up. Hopefully your local court has a court family mediation program where you and the father can meet with a court family counselor who will help you write up a parenting plan that you can both agree on. Having a written plan will make the situation easier both on you and the child. Your child needs some consistency as well and random visits from dad may not be good for your child. You could also talk to a lawyer who could propose a parenting plan with dad, and then a stipulated order could be filed with the court.

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  • Can child support take an inheritance?

    If i owe child support and my mom passes away can they take my inheritance we get from her life insurance policy?

    Joanne’s Answer

    It is not likely that the child support enforcement people will know that your mom has life insurance payable to you. There isn't any reporting requirements for life insurance policies that would alert them. If they do somehow find out about money coming to you, they could potentially send a garnishment to the life insurance company or try to get the money from you after you receive it. You mom's life insurance isn't really the same thing as an inheritance. It is a contract with a company that someone makes payments on in exchange for the promise to pay money if that person dies and the payment goes to a designated beneficiary. One way to prevent the money from being taken for your child support is for your mom to talk to an attorney about setting up a spendthrift trust. Your mom can then make the beneficiary the spendthrift trust. The trust should have a differant person acting as trustee. The terms of the trust would allow the trustee to use the money for your benefit, but not allow your creditors to make claims against the money. There is a fair amount of expense and bother involved in setting up and managing this type of trust so it probably is only worth doing if we are talking about a large sum of money and your mom is sufficiently wealthy that she doesn't mind paying the cost of setting up the trust. The child support on the other hand, is a judgment that will be around for many years and can cause you all sorts of grief. You may have your driver's license suspended, your fishing and hunting license suspended, you may be barred from getting a passport, your tax refunds will be taken, etc. It is probably a good idea to figure out a way to pay your child support and get it over with.

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  • Can I sueing my ex husband he fill for devoice because he have new girl friend.

    I been marriage for 30yrs, and he filling for devoice because I got job in different state, he counldn't move with me so he fill for devoice. which I don't want and he got new girlfriend , new girl friend it his uncle sister inlaw.

    Joanne’s Answer

    This is a duplicate post. See my answer to the other post here: http://www.avvo.com/legal-answers/can-i-sueing-my-ex-husband-he-fill-for-devoice-bec-2272612.html?answered=true

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  • Can I sueing my ex husband he fill for devoice because he have new girl friend.

    I been marriage for 30yrs, and he filling for devoice because I got job in different state, he counldn't move with me so he fill for devoice. which I don't want and he got new girlfriend , new girl friend it his uncle sister inlaw.

    Joanne’s Answer

    Oregon is a no fault divorce state which means that either spouse can file for a divorce whenever they want to end their marriage. There is no law preventing someone from getting a new relationship and filing for a divorce to end an old relationship. You can respond to the divorce papers and ask for whatever you may be entitled to, such as spousal support, property, or help with paying debts. That is your only legal recourse. I suggest you talk to a lawyer and figure out if there is any reason to contest the divorce in the sense of filing a response to request spousal support or property. You didn't mention whether or not you and your spouse have minor children. If there are minor children then you will want to file a response to request custody and child support. Again, talk to an attorney. But no, you can't stop the divorce from happening.

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  • What petition do I file with the court to request that the judge revoke parental rights of an absent, non-custodial parent?

    We established in court- by my petitioning- that I have sole custody of our children (we are unwed parents) and a supervised visitation schedule was ordered as part of the judgment plus child support. My children's father showed up for the supervi...

    Joanne’s Answer

    The only way to remove a legal father is to substitute a new legal father, via a step parent adoption. Otherwise this man remains on the legal father. You do have rights to further restrict his access to the children based on his behavior being a threat to them or psychological harm to the children because they no longer know this man, if the supervised visitation you currently have isn't sufficient to protect your children. The child support will continue to accrue with interest so you can ask the department of justice or the district attorney, whoever is handling the claim at this point, to step up their attempts to enforce the judgment. There are agreements among all 50 states to assist with child support enforcement and they have some very effective ways to motivate people to pay - like suspending their driver's license and hunting and fishing licenses and grabbing tax refunds. So if you want to push the issue there may be some money coming your way. I would agree however, that pushing the support may spur your ex to try to see the children. So that is also something to think about.

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  • Can calif come after me for my father's debts after he passes even if I have had no contact with him in 15 years?

    I live in portland or. 40 yrs old. Father is over 70 and I have no idea about his finances but I dont want any responsibility at all after his passing. Is this something I should even worry about?

    Joanne’s Answer

    You are not personally liable for your father's debts unless you sign something making you liable. (Be careful if he goes into the hospital, a nursing home, or hospice. The admissions people may put some paperwork in front of you and ask you to sign - it could make you liable. Read it and don't sign anything that could make you liable for his bills.) Now his creditors can go after your father's property if he owed money, and that would reduce your inheritance. So it is probably a good idea to keep an eye on things and make sure your father is mentally capable of managing his finances. As for the State of California - are you referring to programs managed by the State of California, like medicaid? State managed Medicaid programs can seek reimbursement from the recipients property. A relative may be pursued if the relative took money or property from the medicaid recipient that should have been used by the recipient to pay their medical costs before applying for assistance from Medicaid. There is a time period that the Medicaid will look at for historic transfers. If you have received money or property from your father, other then small gifts, you might want to consult with an attorney and see if the transfer was within the look back period that Medicaid considers when reviewing a recipient for eligibility.

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  • Is it possible to get divorced twice because of first divorce in another country?

    Was married in mexico in 2003 and got divorced in mexico in 2013 while here in the US. Now Ex is trying to re-divorce me in the US because she wants custody of our two kids.

    Joanne’s Answer

    I suspect that what is really going on is that the Mexican Court never dealt with the custody issue because the children were never within the jurisdiction of the Mexican Court. You can run across the border to get married or to get divorced, but jurisdiction to make orders with respect to the custody of children is much more complicated and is controlled by US laws, the UCCJEA (Uniform Child Custody and Jurisdiction Act) that is adopted in all 50 states, as well has international treaties. The point of all these laws is to restrict legal decisions with respect to child custody to one primary jurisdiction usually based on domicile and the length of residency. This is to prevent child kidnapping and forum shopping. So my educated guess is that what your ex is really doing is filing a petition to straighten out the legalities of who has legal custody. Even if you and your ex put something relating to custody in your Mexican divorce papers, it may not be legal if the Mexican Court didn't have jurisdiction over the children. Alternatively, this could be a modification of a prior order that was valid. But whatever it is, as long as children are minors, the issue of who has custody of them can always be decided or revisited by a court that has proper jurisdiction to hear the matter.

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  • Can my ex take my business checks for back child support if my company is private in the companys name?

    I live in Oregon, she lives in California and the child is 20 now and my only income is from the checks given to me by clients

    Joanne’s Answer

    Your question isn't really clear - I can't tell what you are referring to when you refer to your business checks. If a check is made out to you, you are the only one that can cash a check. A check is an order to pay money it is not itself cash. So we aren't really talking about taking the checks, but rather about taking the money that the checks will generate once they are cashed.

    Where any judgment is concerned, including a judgment for child support. the creditor can send a garnishment to anyone that is holding money that belongs to the debtor or that owes the debtor money. So in theory, if your ex knows who your customers are, she could send a garnishment to them and ask them to send the money they owe you to herself, as your creditor, instead. However in any garnishment situation you have to be served with a notice of the garnishment and a list of the exemptions you can claim and instructions how and where to file for relief from the garnishment. So you could limit the amount of the garnishment such that you are left with a minimum amount of wages, if this is wages. If this is gross income before business expenses are deducted, it may be more complicated to figure out.

    If the money is payable to a separately identifiable business entity, not to you personally, then you ex may not be able to garnish the money going to the business entity, but she could garnish the money once the business receives the money, before it can be paid over to you, to the extent it would otherwise be paid to you as wages or commissions. Of course, if the business is not a separate entity, like a corporation or LLC, but instead, it's just you doing business under an assumed name and you and the business are one and the same, then the money going to the business is your money and it may be subject to garnishment regardless of whether the check would be payable to you are the business name.

    If you are an employee of a business then the garnishment is sent to your employer and your wages are garnished, subject to any exemptions you can claim to reduce the amount they can take.

    You probably should contact an attorney and discuss this in more detail so you get a correct answer.

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  • Irrevocable Life Insurance Trust

    Setting up an ILIST do I transfer the ownership of insurance to the name of Trust or name of trustee? When I open a bank account, is it under the name of the trust with the trustee as signer?

    Joanne’s Answer

    The only reason to even consider doing an ILIST is because you are very wealthy and want the insurance money not to be counted as part of your estate for estate tax purposes. If you aren't wealthy, then you probably don't need to be messing around with a ILIST. If you have to kind of wealth that would merit considering a ILIST, then you can afford to pay an attorney for expert advice. Don't play lawyer. Get an attorney with expertise on estate planning for taxable estates involved and do it right.

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