James T. Weiner's Answers (5468)

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Can I collect my ex-husband's pension?

James's answer | Answered on October 05, 2012

You may be .. but you really need to investigate thoroughly. First check out the divorce agreement/judgment.. did it award you any of his...

Archived

I need to know if we are able to seek legal recourse for the breaking of a non compete in our contract?

James's answer | Answered on October 05, 2012

I agree with Attorney Fredericks ... it is likely that the agreement is so unreasonable that it will not be enforced..at least not entirely. ...

Archived

Am I allowed to see my son if I have NO custody by default, and pay child support? (Michigan)

James's answer | Answered on October 05, 2012

You have a right to file a motion in the divorce court to ask for a court order allowing you to see your child ... that is the only way you may...

Archived

Ex wife never went through the Friend of the Court and assigned her support rights to a private agency.. is it discharged.

James's answer | Answered on October 04, 2012

I agree with the other attorney.. you need to investigate if the statute of limitations has run. Further if you made any payments.. you may have...

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If being sued in small claims court, is a contract enforceable if signed by the spouse and not the named party in the lawsuit?

James's answer | Answered on October 04, 2012

I respectfully disagree with the other attorney.. demolition of a deck to be replaced is generally considered part of the construction process. ...

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What do I do if I filed an ex parte restraining order on someone but they filed a motion to terminate less than 2 weeks later?

James's answer | Answered on October 04, 2012

First ..as the other attorney stated.. it is generally standard procedure to set a hearing.. if there is a dispute.. Second.. if you really have...

Archived

Does Michigan have a law protecting the "acting parent" of children?

James's answer | Answered on October 04, 2012

Generally very old criminal history.. especially a misdemeanor (assuming it was not child neglect, etc) should not disqualify you as his guardian. ...

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Is it legal to make the waitress pay 5% of the total bill when paid with a credit card

James's answer | Answered on October 04, 2012

While I do nt know if it is "illegal", i.e., criminal... it certainly is "unethical" for the owner of a restaurant to charge waitresses for the...

Archived

I have a business S corp If a student loan judgemnet is place against me can they take it out of my business as well.

James's answer | Answered on October 04, 2012

To say it clearly: Generally NO they cannot take monies in your Corporation even if it is a S corporation for your personal debts. HOWEVER I would...

Archived

Legal Advice on if my friend steals and ruins my car can i write up a promissory notice

James's answer | Answered on October 03, 2012

You can always do this but the promissory note will only be as good as your friends credit.. I would contact your insurance company and get their...

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