I had a hearing last month, I have two children. during the hearing I was told $11.00 per week is what I would be getting. I declined and now we have a trial date in Sept. I work full time plus some over time occasionally, I pay $650 in rent...
You're swimming at the deep end of the pool here to do a trial without an attorney, I'm sorry to say, to do a trial without an attorney. The application of the Child Support Standards Act is very complicated where the non-custodial parent has other children (who he may be paying support for as well and may take precedence over your child when calculating income). Basically, it's going to be a question of determining his income, including possibly "imputed income" (money he COULD be making but chooses not to), as well as whether any of the factors set forth in the law for "downward deviations" exist to get his support to ~$50/month, which sounds low.
If you insist on being your own attorney, you need to read and become familiar with the factors set forth in the Child Support Standards Act §413 justifying deviations from the percentage formulas by the hearing officer (Support Magistrate). That will tell you what witnesses and questions might be relevant, but I still don't recommend proceeding to trial without a lawyer. Family Court may SEEM informal, but it is a "court of record" and evidence such as exhibits and testimony must comply with the rules of evidence and is subject to objection and exclusion. It's not like Judge Judy or small claims court. Evidence is one of the more complicated courses all law students have to take, and young inexperienced attorneys often have problems getting their proposed testimony or exhibits into evidence.See question
There is a easement on "proposed access & utility" for a private road that has 4 homes. We share equally maintenance for the road (snow removal). one of my neighbors has a leak in their specific water line to their house. Not the main line that ru...
No, typically not. Usually the easement in the common access road is for the main lines for sewer, water, electric and other utilities in common for all homes. However, the "service lateral" that runs from the common main pipe in the road easement runs to each home on an easement for that particular lot, Thus, when one of the laterals fails, it is on the individual homeowner's easement and not the common road easement for the main pipe. Thus, each homeowner is responsible for maintaining his own lateral or individual service facilities.See question
My ex and I are going through a nasty divorce currently. We are legally separated and trying to settle out custody. Currently she has physical custody and we have joint legal custody. Without my knowledge or approval, she began taking the child...
If you have joint legal custody, you are entitled to information about any medical appointments or treatment. Taking a child to any medical provider in a non-emergency situation and not informing the other parent beforehand and inviting him/her to the appointment is probably a violation of your legal custody rights, even if that is not spelled out as a specific provision in the custody order.
Doing this in the context of disparaging the other parent and alienating the other parent's affection with the child may also be a per se violation of your custody rights.
You should seek out a child custody attorney and discuss the situation and file a violation petition if necessary. If the Attorney for the Child is improperly intervening you should discuss the situation with him or her (the age of the child and what the child is telling the AftC may also be relevant).See question
I was told by him to run the drive that direction by him. This drive has been used and built by me 16 years ago. I just recently found out that the bank did not request it at the time they loaned me the money. He is mad at me over another matter.
If you have actually been using this driveway for 16 years (which appears to be more than the adverse possession period in MS) or under certain other circumstances (your lot was subdivided from the neighbors lot), a court may declare you have an easement despite the neighbors current denial of signing a deed instrument. Speak to an MS lawyer about whether you are qualified to claim adverse possession and the possibility of assistance from the courts.
Topic changed from Land use and zoning which deals with municipal restrictions on development and permits to real estate.See question
Testing to see if this works.
I'd say you'd bring an eviction proceeding.See question
I need assistance with creating an easement to allow the Irrigation district to use the pipes that run across my property
Since you appear to be donating property to a governmental agency or public benefit corporation, it would be appropriate for them to pay all costs involved in granting an easement and to take the lead. They'd have to do a survey and easement grant document which you'd sign like a deed, and then record the document.
You can have your own lawyers and surveyors do this, but, as I suggested, the costs of this work should be on the district. You may want to have your own lawyer check their documents before executing,See question
I put in for an adjournment and called into the courts on my date spoke with courts and all they needed was my id. Which was then faxed to them. Also if I need to request a change of venue moving from Magistrate to Judge that I already have cour...
(1) You will usually hear back from the Clerk/Court if the adjournment was granted and the new appearance date. If you did not hear back, do not assume the adjournment was granted. Call the Clerk to clarify.
(2) Changing from a hearing before a magistrate and a judge (court of record) within the same jurisdiction (e.g., county) does not require a change of venue. It is before the same court.See question
I live in a big farmhouse with three other dwellings,the well is on my electric meter. there are three extra houses using the water.what can I do?
You can enter into an informal agreement to split the bill if you want, but it is not required. The State Public Service commission requires separate meters if you are going to try to make the submetering mandatory and try to figure out who is causing the well to pump (you apparently aren't separately metering the water use by each dwelling.
My 0.02: see whether people will split the bill as a matter of fairness. If they won't, move on. If you want to be obsessed with a "freeloader" issue, ask yourself how much this is really costing you, and if it's that big a deal, cut off the water entirely to all other dwellings and tell them to drill their own wells (if it's allowed by existing leases or contracts). Expect to lose some friends, acquaintances and good will by doing this and hope you never need your neighbor's help or cooperation on anything.
You might also want to look into solar or wind power with batteries to see whether this might solve the problem if the electric bill is that financially burdensome. If you did that, asking others to chip in might be more palatable,See question
My neighbors fence is about 2 ft in there property line. I want to build a perpendicular fence up to their fence with a walkway within my neighbor's property. The neighbor has already given me permission but should I file something with the city o...
I agree with Mr. Soffer. In CA, as well as all other states of which I am aware, the best kind of easement is an "express easement" in writing, in the same form that a deed of conveyance is in (acknowledged signatures before a Notary, a proper description of the parcels involved), that your neighbor has granted an easement, the purpose of the easement, the location of the easement, and that the easement is not personal to the current owners of the lands but is intended to "run with the land" and bind future owners, their heirs and assigns.
The document is best done by an attorney and may also (depending on circumstances and current deeds) may also require the services of a land surveyor to describe the location of the easement precisely,
Topic changed from land use and zoning which deals with municipal restrictions on land use and needed development/occupancy permits to real estate.See question
I was the plaintiff in a recent (June 5, 2017) small claims hearing. The defendant had her attorney present, sitting in the back of the courtroom throughout the proceedings. Since I was suing the defendant through her business name, I found ou...
Parties, witnesses and attorneys pass notes to each other all the time in hearings. Probably what the bailiff was annoyed with is that he or she is supposed to be the only person passing papers around (usually from attorney to judge or clerk) or that the note passing was disruptive, like talking or whispering. It would also be suspicious for a note to be handed to a witness while testifying, because it would look like "coaching", which is improper. The cross-examining attorney could also ask the witness to read the note, which could defeat the whole purpose of the note.
But as others have said, if this note passing was not otherwise disruptive to the hearing and the judge overlooked it, you don't have much to complain about here as far as potential impropriety.See question