James Wing’s Answers
366 total
Old child support order, how to collect a past balance?
James’s Answer
You can enforce the child support order by filing a motion for contempt. If the payor has had changes of circumstances that would justify a reduction of support, he should have filed a motion to modify. The court, generally, cannot order a modification retroactively to a date earlier than a motion to modify. Hence, the opposing party is probably responsible for paying the entire support arrearage. If the total due is significant, the court will likely rule that the opposing party must pay the arrearage over time.
In addition to the support arrearage, the court may order the party in contempt to pay you the costs of the motion for contempt, including legal fees, the marshal's charges for servicing the pleadings, and the cost of filing the motion.
What happens if my total weekly expenses and liabilities are slightly higher than my income?
James’s Answer
When a divorce begins, there is a period of upheaval financially, emotionally, and otherwise. Therefore, it is fair to explain that you do not have the income to meet expenses and use that, as counsel mentioned, as a basis for alimony and child support requests.
Alternatively, you need to identify ways to bring income and expenses into balance or even allow you to save. For example, if you are spending down savings or borrowing from family or friends or increasing your credit card balances, it would be good to be able to explain to the judge how you plan to normalize yourself after the divorce.
Is there anything I can do to get my son out of a suspension from middle school based on hearsay and child retaliation?
James’s Answer
I agree with both of the attorneys who have previously commented. Children receiving special education services have additional protections regarding school discipline, and schools have to follow their rules in disciplining students.
What is particularly troubling is that conflict arises from a politically charged issue, and it seems that your child believed that he was acquiescing to a school administrator. It is problematic that he would then say what he thought was expected instead of sticking to the truth. The school may argue that they can rely on the child's admission.
I think it might be useful to escalate this to a higher administrator, perhaps a school superintendent or the like. Then, it might still turn out to be a learning experience for him.
Further, if your child's antagonist lied to intimidate or harm him, you need to consider that this may be a part of or the beginning of a pattern of bullying. Such problems are better solved as soon as possible.
I said I think you need an attorney to get the school district's attention.
How can I find a lawyer for education matters?
James’s Answer
There are several aspects of education present legal issues. Said another way, there are several laws and rights that are involved in education. Please elaborate on your interests and maybe I can direct you.
What can I do if a person falsely accused me to steal a necklace ?
James’s Answer
If there is a pending criminal case, you need to defend against it.
You may also be able to file a civil action seeking monetary damages. Defamation requires an injury to someone's reputation that was caused by someone else's false statement. The responsible person cannot have had the privilege to make the statement.
Connecticut also recognizes a cause of action for malicious prosecution. The elements of that claim are bringing a criminal action without probable cause. The actor must act with malice. The victim may win compensatory and punitive damages.
Female bullies
James’s Answer
I feel your frustration and sympathize. Be proactive and write a complaint to the principal or superintendent and ask for a meeting, a virtual meeting if necessary. Seek assurances that the hitting is prohibited and that will be an investigation.
In Connecticut, written complaints receive more serious attention. I suppose that even without a statute, regulation, or policy, a school administration will be more responsive to a letter.
If you fail to obtain satisfaction and assurance that your student is safe, consider engaging a lawyer that focuses on education law to advocate for you and your student.
What would determine the court to agree with a mother to move out of state with a minor child.
James’s Answer
The law works when the parties follow the law. It sounds like your matter has an agreement or order that says that the parent wanting to relocate with a child has to have your permission or has to go to court and ask sought an order authorizing the move. You can seek an offer to prevent her from leaving if you think she might ignore the agreement.
If the matter comes before the court, the proceeding will probably follow Connecticut General Statutes Sec. 46b-56d. It provides:
(a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child and involving the relocation of either parent with the child, where such relocation would have a significant impact on an existing parenting plan, the relocating parent shall bear the burden of proving, by a preponderance of the evidence, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child.
(b) In determining whether to approve the relocation of the child under subsection (a) of this section, the court shall consider, but such consideration shall not be limited to: (1) Each parent's reasons for seeking or opposing the relocation; (2) the quality of the relationships between the child and each parent; (3) the impact of the relocation on the quantity and the quality of the child's future contact with the nonrelocating parent; (4) the degree to which the relocating parent's and the child's life may be enhanced economically, emotionally and educationally by the relocation; and (5) the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements."An attorney will be an advantage if you want to initiate an action to prevent the mother from taking the child and persuading the court that the child's relocation is not in the child's best interests.
What's the time limits to sue a program of the college for wrongful dismissal?
James’s Answer
The other lawyers who have commented have informed you that the teacher has the discretion to evaluate your work. They also have recommended that you pursue the administrative procedure your school has. I concur with those comments.
Find a local education attorney and seek her or his counsel to assist you with making your appeal of the dismissal. You probably have a contract with the school; you agreed to pay, and they provide you an education. It also probably provides that it would not dismiss you unless particular outcomes happened.
The school has to have followed the proper protocol before the outcome is consistent with the agreement.
The local lawyer can best tell you about the time limits for initiating legal actions in your state. You probably cannot start a claim in court until you have exhausted all your administrative procedures with the school.
Why can’t the victim ask for modification of the protective order?
James’s Answer
The judges, both the criminal courts and in the civil courts, can issue restraining orders. They are often called temporary restraining orders in civil court and protective orders in criminal court.
Criminal judges usually only make protective orders after the Family Service Office has reported to the court about its meeting with the accused and the victim. The Victim's Advocate may also comment on whether there should be a protective order and what it might state. However, the victim is not a party to the criminal case. It is the State of Connecticut vs. the Defendant. Therefore, only the State, represented by State's Attorney and the Defendant, perhaps by his or her attorney of record, can file a motion.
The victim is entitled to seek a restraining order in civil court by initiating a case at the Family Court. In such a case, the victim is the plaintiff and has the burden to prove the elements required for a civil restraining order. An advantage of being both the plaintiff in civil court and the victim in the criminal case could be that the plaintiff in the civil case can argue for conditions of any restraining order.
Can a class B felony be expunged in CT?
James’s Answer
The given information leaves us with a few possible situations.
We know the charge was a class B felony, and the defendant was a minor. What was the disposition of the charge?
Perhaps, the defendant was acquitted, or the charges dismissed and, thus, the charges were immediately erased.
Perhaps, the prosecutor determined not to prosecute the case. The legal term for this is nolle prosequi, and the statute allows the State 13 months to decide to resume the prosecution. After that, the delinquency complaint is dismissed without prejudice. That means there cannot be a new charge brought against the defendant based on the initial charge.
Perhaps, the defendant was assigned to probation for “nonjudicial treatment” which would have a period of supervision by probation. In this case, the records are automatically erased, but the allegations can be factored by probation if it is handling a subsequent juvenile matter that also was assigned for “nonjudicial treatment.”
If the defendant was adjudicated as a delinquent, her or his records are probably sealed, but his or her records are not clean. That takes action.If the defendant was found guilty or plead guilty as an adult, there is a process available to address expungement.
If the defendant was adjudicated delinquent or was found guilty or plead guilty as a youthful offender in the adult court the records are generally confidential. When the defendant has been 18, it is possible to file a petition to the court asking the court and police records erased.
If the defendant’s record is as a youthful offender, the records are erased when she or he becomes 21. However, any supervision or commitment has been completed and provided that the defendant has not been convicted of a subsequent felony.
If the defendant was adjudicated delinquent in juvenile court there is a process available to have the records erased.