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Scott Allen Scholl
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Scott Scholl’s Answers

3,920 total


  • When is it to late to sue for work related injuries?

    I got hurt at work last august and i didnt sue. 4 of my vertebrae were crushed. I took a small settlement of a few grand so i think i might have ruined my chances of getting anything. Is it to late or have i ruined any chance of getting anything e...

    Scott’s Answer

    You'll need an attorney to review your settlement to see what it's terms are, but most likely the terms of the settlement included a release from any further claims. Did you go before an Administrative Law Judge at the Workers' Compensation Commission to have the settlement approved by Joint Petition?

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  • I left my husband and I have my 4 kids. I currently live with my friend who is a male as roommate. Am I right or wrong?

    his place is my safe place because anywhere else I go my soon to be ex looks for me there or goes there.

    Scott’s Answer

    If your husband asks, the Court is likely to order that you not have any male roommates, and there is a good chance that at hearing he will use the fact that you left the marital household and moved the kids in to live with you and another. You can argue that it's platonic, but that argument may not be very persuasive to the Judge.

    If you are experiencing problems with your husband threatening or harassing you, your better option would be to request a restraining order.

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  • What are my options?

    The custodial parent is violating the cohabitation clause of the agreed order. I was hoping she would then allow me extra time with my child, but she refuses anytime that is not set forth in the agreed order. So, I brought the Full Agreed Order ...

    Scott’s Answer

    You do not *have* to hire an attorney to pursue a contempt action against the custodial parent, but with that said you need to make an honest assessment of whether or not you feel capable of doing so, keeping in mind that you will need to know not only the substantive law, but also all of the law on procedure and evidence (in other words, how to properly draft your pleadings, how to have her properly served, how to present your evidence, etc.).

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  • I rented my property in Arkansas,April 2016. After a month the tenant stop paying rent, with no deposit, he refuses to move out.

    I rented my property April 2016. After a month the tenant stop paying rent, with no deposit, he refuses to move out. The neighbor say the tenant is famous for paying the first month and try to live for as long as possible without paying farther r...

    Scott’s Answer

    You will need to file an eviction/unlawful detainer action against the tenant. Simply put, however, you need to either invest the time to study the statutes to learn how to do this yourself, or use an attorney.

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  • How do I give guardianship to my mom?

    I have 2 kids now. My first child is only 1. I just had my second child and she is now 3 weeks old. I really can't afford 2 kids right now and I want to get my life together. I want my mom to keep my second child for about a year and a half while...

    Scott’s Answer

    A petition can be field with the Probate Division of the Circuit Court asking that your mother be appointed guardian of the child.

    You can consent to the guardianship, the father of the child may need to be served with notice of the proposed guardianship and given an opportunity to object/request that he be granted custody (more information is needed than what is provided in your post).

    It would be in your interests to have an attorney assist you, even if no one contests the guardianship, because the language used in drafting the paperwork can have a significant impact on how easily it will be for you to terminate the guardianship later on when your situation has improved.

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  • In Arkansas can the father sign his rights away of a child?

    My husband got very nasty text message from his child 3 years ago and the child didn't want his dad to be his dad. We have had no contact with the child since the messages. Can he sign away his rights

    Scott’s Answer

    He can do so in conjunction with a pending adoption, for example if the child's mother has remarried and her new spouse wishes to adopt the child he can consent to the adoption - and the adoption would terminate his parental rights.

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  • Do I legally have to provide my tax return information to my ex husband for the last year we were married?

    We've been separated since 2013 and divorced in 2015. We have no spousal support or children. I filed my taxes in 2014 as married filing separately and now he is demanding I give him my tax return for that year. What is my obligation? Also, we div...

    Scott’s Answer

    The answer will lie within the provisions of your divorce decree/property settlement agreement.

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  • What to do in this civil matter.

    I have a civil case in Arkansas. I was served papers and I answered. I have a trial date coming up, but I can not miss work. What is the next process if court is missed. I am being sued by an ambulance for an accident that I had Obama Care. I have...

    Scott’s Answer

    If you are unable to appear at the time set for trial, you need to file a request that the trial date be rescheduled (Motion for Continuance).

    If you had insurance (health or auto) coverage, make sure that you have provided the insurer with a copy of the claim and let them know that it should be covered. Even with insurance, the liability between the ambulance company and you ultimately rests with you, the obligation under the insurance company is between you and the insurance company.

    You may also want to consult with an attorney to ensure you have all of your defenses lined up, such as statute of limitations, etc.

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  • What motion do I need to file with the court in Faulkner County, Arkansas to get my sons fathers child support dropped?

    My sons father is now living in the same home as me and my son. He has moved in to take care of our son while I am having medical issues. He is helping provide 50% of our sons needs.

    Scott’s Answer

    You would need to file a motion with the Court that entered the child support order, setting out that there has been a material change of circumstances given that the father is now contributing 50% of the support by residing in the home and that it would be in the best interests of the child for his support obligation to abate.

    You can prepare an agreed order that both of you sign off on to present to the Judge. If he pays by income withholding, it would be a good idea to address that in your agreed order.

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