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James Thomas Kinder

James Kinder’s Answers

455 total


  • I want to get a divorce but I don't know how or how much it will cost

    I live in Lafayette la and my husband is constantly lying and cheating he tells me if I leave him he will not help me financially support our 3 children we have been married for almost two years an been in a relationship for 7 an I would like soul...

    James’s Answer

    How much a Divorce will cost is dependent on too many factors to list out here. However, behavior of the parties, complexities of any issues and extent of assets will all drive the costs of a Divorce. If there are no assets, the issues are relatively straight forward, and the parties are amicable, a Divorce should be relatively inexpensive. However, the only way to know for sure, as my colleague has pointed out, is to call around to different attorneys in your area and discuss the circumstances involved. Use the Find A Lawyer option above to assist you with this process. I hope this response was helpful. I wish you the best of luck.

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  • File stipulation for modification of dissolution judgement when exspouse passed away involving joined pensions and legal hold

    A legal hold remains on mine filed in california i now live in Ohio

    James’s Answer

    Not exactly sure what your question is from the information you've provided. Was a Divorce Judgment entered? If so, without seeing the terms of the Judgment, there is no way of knowing what your rights are, if any regarding the disposition of assets. Could you please rephrase your question and provide some more information? You'll get a better response then.

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  • Splitting cost of Supplements for Special Needs children in Divorce

    I have 2 special needs kids (16 yo with autism and 20 yo with Cerebral Palsy). They benefit greatly from herbal supplements. Their dad thinks the supplements are a luxury. He doesn't and hasn't been with them enough, even when we were still togeth...

    James’s Answer

    Good morning and thank you for your question;

    The information you've presented raises a lot of issues -- the best interests of the children being first and foremost. As for the information you'd need to present, you'd would need to speak with an attorney versed in child support and, ideally, special needs. In order to promote your position, you would likely need a host of documentation as well as, perhaps, expert testimony, to present to the judge what benefits your children derive from the supplements.

    Please take the time to speak with an attorney in your area. After reviewing the particular facts of your circumstances, they will be best equipped to advise you as to your options best means of achieving the desired results.

    I hope this response was helpful in some way. Best of luck to you.

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  • Divorce with children, do both wife and husband need to buy life insurance? or just the husband who pays child support?

    I was under the impression the both the wife and husband need to buy life insurance even if the husband is paying child support ? but after redlining my settlement agreement to put that in the lawyer sent the revised contract back with only the ...

    James’s Answer

    Good morning and thank you for your question.

    Whether or not life insurance is required is often a determination that is negotiated between the parties. The purpose of the Life Insurance can be multifold: 1. to continue providing for the children in the event one of the parents passes away while the children are still considered dependents; 2. to provide for fulfillment of Alimony obligations, if any, should the obligated party pass away; extraordinary circumstances, etc.

    If you haven't signed the Agreement already, I would explore this further with the attorney, taking into consideration the obligations and needs of the parties and/or their children. If you cannot come to an agreement, and think the other party should also be required to purchase Life Insurance due to any of the above-mentioned reasons, you should bring that before the Court and make your argument. Be prepared, with all the back up information you need, to support your position.

    I have also reclassified your question to be placed in the Divorce category. You may receive more fruitful responses from the directory.

    I hope this response helped you in some way. I wish you the best of luck.

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  • I paid for a divorce in Mexico, but it was never done. I re-married in CA and am now divorced again. Can I be legally punished?

    I couldn't go to Mexico to handle my divorce in person, so I talked to an attorney on the phone and sent money. She said she could divorce my husband and I even though we both live in CA now. It was never done and I married again in CA. The CA m...

    James’s Answer

    You need to speak with a Divorce Attorney in your area as quickly as possible. From the information you've presented, there may have been a host of problems with the first Divorce in Mexico -- jurisdiction, notice, etc. I would also contact the attorney in Mexico to obtain the COMPLETE file on the matter. It should contain all the paper work you need to determine if the Divorce was handled correctly and finalized in Mexico. You can use the Find a Lawyer option above to find an attorney in your area to discuss your options with. many offer free telephone consultations. I hope this response helped in some way. I wish you the best of luck.

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  • I am off the title of a house from a divorce, still on mortgage, if something happens to ex can I not pay the mortgage foreclose

    divorced 13 years ago, never got off mortgage (ex couldn't re-fi and I didn't pursue-yeah bad move). last fall got a civil judgment against me for a sewer bill he chose not to pay for 13 years (now $8000). He made deal with MSD and is paying it ...

    James’s Answer

    Good morning and thank you for your question.

    Transferring the Title to the property has nothing to do with the mortgage and/or other liabilities which remain in YOUR name. Also, there is already, as you stated, a judgment against you from the water company. The judgment stands, unless there is some means by which you can have the judgment overturned on some procedural issue, and are still within the time frame within which the particular statute, allows. There appear to be many issues arising from what you've stated -- too many, in fact, to explore thoroughly in this forum -- as any determination will be heavily dependent upon the facts and particular circumstances involved in your situation. I recommend you get in touch with an Attorney in your area and discuss this matter. You can use the "Find A Layer" option above for that purpose. Many offer free telephone consultations. Do not hesitate. The more time that passes, the more difficult it will be to pursue your options, if any. I hope this response helped in some way. I wish you the best of luck.

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  • Wife asked 4 divorce,has yet to file 4 over a year, i want the divorce hv no money, are there any alternatives, or pro bono etc

    i have been separated from my wife for over a year now and she has yet to file for divorce, i did not want to file for divorce at first but as time has passed and i have moved on i would like to file but i do not have any money as i worked for her...

    James’s Answer

    Good morning and thank you for your questions. In addition to the information provided by my colleague, Attorney Anthony, if you do not qualify for a waiver of fees, the Court also has a lawyer of the day program where you can go in and discuss your case with an attorney for free. Many attorneys also offer payment plans. Whether or not this would be feasible would require you to sit down with an attorney and discuss your situation. Try calling around to different attorneys. You can use the "Find A Lawyer" option here on AVVO to explore your options. I hope this response assisted you in some way. I have also provided a link to the Volunteer Lawyers Project of the Boston Bar Association. You may find some assistance there. I wish you the best of luck.

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  • During a divorce can a husband be forced to pay alimony while we still live together ?

    Can I get my husband to pay me alimony while we are waiting for a divorce and still occupy same house ? He makes 50,000 more than me a year and we been married for 25 years . Our children are all older than 18.

    James’s Answer

    Good morning and thank you for your question. Whether or not Alimony is available at all is dependent on numerous factors. The mere fact that the children are all over 18 is not the litmus test. Without knowing how much your respective incomes are, whether the children are in college or still dependent on the parents, etc., it's difficult to say whether the income would be attributable towards child support or alimony. At this point, however, and while the divorce is pending, temporary orders for child support or perhaps and order for separate support may be options. You should speak with an attorney in your area to discuss your particular circumstances in order to determine what options are available to you. You can use the "Find a Lawyer" link on AVVO for this purpose. I hope this answer was helpful in some way. I wish you the best of luck.

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  • Is a tenant liable for running into the garage door ofthe building if the ramp was fully covered in snow and hadnt been cleaned?

    The day of the accident: the accident happened on February 14 during a snow storm. When I was coming back home, the ramp to go down and enter the garage was full of snow and had not been plowed nor was salt put on the ramp. When I hit the brakes t...

    James’s Answer

    Given what you've presented so far, a case could potentially be made either way. It is not clear what your status at the building is: owner, tenant? In these cases, as my colleague has alluded to, much depends on the rights and obligations of tenants as set forth in lease/rental/condo association docs as well as notice of the snow and ice condition. It appears as though the building has deemed it your fault already -- which doesn't surprise me as they are going to protect their own best interest. You should sit down with a local attorney well versed in contract law as well as negligence/tort law. He or she will know what evidence to look for and inspect in order to protect and promote YOUR best interests. Please do not delay, the more time that passes, the more difficult is may be to present your side of the matter. I hope this response assisted you in some way. I wish you the best of luck.

    P.S. I have reclassified your question as a "Landlord/Tenant" query. Although it is not clear what your status is at the building, I think a lot of the issues presented could more aptly be addressed through that forum than through the one you've chosen.

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  • Does a cashed settlement check seal an agreement even if paid after the deadline?

    Discovered a settlement offer for condo fee late fees I had not opened until 2 months after the deadline. I brought the letter and check to the Property Manager. She assured me it was fine even though past the deadline. She took and cashed the ch...

    James’s Answer

    Thank you for your question.

    You should speak with an Attorney versed in Contract Law. Without being able to review the terms of the Settlement Offer, there is really no way to determine the Condo Association's terms for acceptance. You mentioned you opened it up "2 weeks after the deadline; however, without reading the Settlement Offer, it is difficult to advise you regarding your available rights under the Agreement and/or other options that may be available to you. It may be worth sitting down for a brief consultation with a local attorney so that he/she can review the Settlement Offer, and advise you accordingly. The Attorney may also be able to negotiate an acceptable resolution to this matter for you with the Condominium Association. I hope this response was in some way helpful. I wish you the best of luck.

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