Ashley Buckman Schepens’s Answers

Ashley Buckman Schepens

Contributor Level 7
  1. I got my house 4 years ago and we have been married for almost 2. her name is nowhere on my house paperwork! can i kick her out?

    Answered over 1 year ago.

    1. Ashley Buckman Schepens
    2. Michael D. Conroy
    3. Daniele C. Johnson
    3 lawyer answers

    I would suggest filing for divorce and requesting that you be granted exclusive use of the home. While it sounds like it is a separate asset, you have a child with your wife and the court will look fondly upon you kicking them out on the streets without anywhere to go. She will not be entitled to the house by law as it is a separate asset, but she may be entitled to 1/2 of the mortgage notes paid towards the house since your marriage if community funds were used. You should contact a lawyer...

    2 lawyers agreed with this answer

  2. My husband passed away a few months ago and one of our children is still underage. Does my daughter get any income?

    Answered over 1 year ago.

    1. Ashley Buckman Schepens
    2. Lauren G. Coleman
    2 lawyer answers

    If your daughter is under 24 or disabled she may be considered a forced heir and entitled to a portion of her father's estate. The answer to your question has been facets depending on other questions. Did your husband have a valid will at his death? Did he have separate property? You should seek the advice of a local attorney in order to proceed with the formal succession of the estate.

    1 lawyer agreed with this answer

  3. Separated with medical/dental bills. Who pays?

    Answered over 1 year ago.

    1. Lauren G. Coleman
    2. Ashley Buckman Schepens
    2 lawyer answers

    The debt, as previously stated, is community and will be dealt with in the community property partition. In the future, however, the out of pocket medical expenses will be dealt with in accordance with your percentage share used in the child support calculation.

  4. What do I do now?

    Answered almost 3 years ago.

    1. Lauren G. Coleman
    2. Bryan Grant Jeansonne
    3. Ashley Buckman Schepens
    4 lawyer answers

    In Louisiana if you do not pay court-ordered child support and/or do not visit with the child if you requested that the court order visitation, you can file to terminate the parental rights. Normally what happens is when you file the pleading to do that, the other party finds a way to pay the back ordered child support and clears his/her balance to prevent the termination. Even though his child support is not being paid, if it was ordered by the court, then it will continue to accumulate. You...

  5. Can my ex-wife take my son out of school in LA and make him come to her home in VA, we have joint custudy she has domicile?

    Answered almost 3 years ago.

    1. Ashley Buckman Schepens
    1 lawyer answer

    I am unsure from your question where the original action for custody was pending. I am an attorney who practices in Louisiana so I will only be able to inform you of Louisiana law; however, if the custody was determined in Virgina, then Virginia law will apply. With that said, if the orginal action was decided in Louisiana, again, I would need to know whether your "agreement" to allow your son to live with you was in writing and made an official order of the court. If so, then no, she cannot...

  6. Can my husbands exwife get a restraining order against me due to the fact that their 7 yr old son says i talk bad about his mom

    Answered almost 3 years ago.

    1. Ashley Buckman Schepens
    1 lawyer answer

    First off, neither parent should talk bad about the other parent or allow others to do so in front of or within hearing distance of the child. The courts take seriously when parents place children in the middle of family law issues that should only be dealt with between the parents. It is never a smart idea to involve the children in any way with the court proceedings that are occuring or may occur between you and the other parent and neither party nor their current spouses should engage the...