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Kurt A. Smith

Kurt Smith’s Answers

82 total

  • Family law judge ruling by 9/15/21 no ruling made. Is there a time limited for this?

    Kurt’s Answer

    This is a very difficult question to answer without additional information. Judges say things like this all the time. Sometimes the judge says this with the expectation that they will render a decision later, but get busy and have not yet gotten around to making the decision. Sometimes a Judge says things like this with an expectation that they will be notified of a condition precedent to making a decision, but there has been no notice of the condition precedent having been completed. If your situation is like the first discussed issue, you will have to wait it out. If it is more like the second discussed issue, there may be something that can be done to light a fire under the judge. Please feel free to contact my office for a more specific answer based on the actual facts of the case.

  • Can I be awarded back child support for the past 8 months?

    Kurt’s Answer

    The problem with your question is that you are attempting to address Child Support in a vacuum. Due to the time you have with the Child, it is likely that you would be awarded Primary Physical Custody. Once Primary Custody is established, you would be able to get child support. Feel free to call my office if you have additional questions.

  • What happens with child support cases when the other parent left the country?

    Kurt’s Answer

    The reality is that if you don’t have a Primary Physical Custody Order, you should probably get one while you can. While Dad is currently playing games, that may not always be the case. You should establish your rights now. In addition, I would continue working with the Child Support Court. In addition to the other remedies mentioned, the Child Support Court can suspend your ex’s passport, which would likely put a damper on his international activities. It is not alsways the fastest process, but it is probably the cheapest way to go.

  • Childs mother sent me a text saying her mother's going to make her commit suicide. Can i use this as leverage in family court?

    Kurt’s Answer

    • Selected as best answer

    I concur with Mr. Fixx. In deciding Custody issues, the environment in which the child is living, the mental health of the parents, abuse, neglect, and domestic violence are all factors indicated in the text message you referenced. Nobody can “make” someone else commit suicided. So your ex’s statement that her Mom is “making her commit suicide may be an indication that she does not have the mental capacity to care for the child. Moreover, Mom’s withholding of the Child is also a big issue for the court’s consideration. Feel free to call my office if you would like to discuss in greater detail.

  • Can a 20 year old brother get custody of his 14 year old brother ?

    Kurt’s Answer

    Absolutely! You actually have a couple of options here including Custody and Guardianship. In this particular situation, a Guardianship may be easier due to your brother’s ability to have a much larger say so in the case. Please feel free to call my office at 702-410-5001 if you would like to discuss these options in greater detail.

  • Can i marry someone out of foster care?

    Kurt’s Answer

    Your question is not entirely clear. You are 18 and thus an adult in NEVADA. It is unclear how old your girlfriend is. But if she were over 18, she could also marry. If she is under 18, she may need parental permission.

    With regard to adoption, it is unclear who would need to be adopted. You? Your girlfriend? Your girlfriend’s child? if you would like to call in to the office at 792-410-5001, I would be happy to help answer your question if I could get some additional information.

  • I live in nevada and I want to know the child support percentage. My sons father is a student and he said it was 10% of his pay

    Kurt’s Answer

    Great advice from Ms. Whitbeck. Your ex has not told you the truth. Best to let the DA handle this for you free of charge. However, you may expect a countersuit for Child Custody upon your filing of your Child Support case. Sometimes filing for Custody and Support simultaneously is a better solution because you can get your Custody issues out before the Court prior to the father claiming that you are withholding the Child.

  • Can a paternity test be done when I moved out of the fathers state?

    Kurt’s Answer

    Jason's answer is correct. HOWEVER, one HUGE question that you must answer is whether this is the best idea for you and your Child. Sometimes, having a party involved with your child who wants nothing to do with your child is more trouble than it is worth. You have a choice before you - assuming he does nothing. Option 1 - file for Child Support as suggested by Mr. Stoffel. However, the vast likelihood is that Dad will turn around and file for Custody. Option 2 - file for Custody and Child Support. Your likelihood of success is great, but again, may be more trouble than it is worth. Option 3 - move to terminate Dad's parental rights after the baby is born. However, taking this option would ensure you will get NO Child Support. In making this decision, you will want to consider the quality of your relationship with Dad (domestic violence issues, abuse, mental oppression), how badly you need the money, and whether having an unwilling father in your Child's life makes sense. I am happy to discuss these issues with you in greater detail at your convenience.

  • Joint custody-wedding

    Kurt’s Answer

    One great rule of thumb is that you will NEVER get in trouble by the Court for following the terms of the Court's Order. That said, this is a Wedding we're talking about - not a trip to the movies. Accordingly, depending on your judge, your judge may make forced adjustments if presented with sympathetic facts. Accordingly, if you don't have the money to fight this out, you may want to make a REASONABLE compromise rather than spend the money on Court. As a general rule though, school takes precedence and 5 days seems lengthy. Use your best judgment and feel free to contact my office with any additional questions.

  • What do i do ??

    Kurt’s Answer

    Your circumstances are unclear. While reports can be made that may place someone in a mental institution for 72 hours due to issues such as suicide threats or something similar, typically you cannot be held against your will unless you have been evaluated by a psychiatric professional and deemed of unsound mind. Even then, someone would need to file a Guardianship to REMOVE your ability to care for yourself - it doesn't happen automatically. Please call my office to provide more specifics so that a more detailed answer may be given.