Ex husband received motorcycle in our divorce 2 years ago. The motorcycle is in my name with him as a cosigner. He has yet to make a payment or transferred the vehicle into his name, therefore I'm making the payments. He won't give me the motorcyc...
He may be in contempt of the divorce decree, if it required him to make the payment or get it refinanced. This is not a debt collection issue; it is a divorce settlement agreement issue. You cannot get your name off it any other way. You made an agreement to pay the finance company, so regardless of what the decree says, as between you and the finance company, you owe it. However, as between you and your ex, the decree controls. Hopefully you went through a good attorney in your divorce and the decree/settlement agreement includes provisions for the ex to make the payment or refinance. If so, your attorney can file a motion for contempt and ask the court to hold him in contempt. Talk to your attorney or a good family law attorney in the jurisdiction where you got the divorce.See question
i am just curious, i have a brain injury, and suffer from headaches daily. and Medical marijuana is the only way i can live a normal life. and the DEA's hold on this HARMLESS BUT HELPFUL CUREING plant is causing me a very depressed state of life a...
The DEA isn't the problem. The citizens of Arkansas voted down the medical Marijuana law in the last election. It should be on the ballot again in November. Hopefully, the vote will be favorable.See question
i asked why i was pulled over oe cop said we know what u do another said u have a warrant and suspended dl then third said left of cenyer i asked for dash cam he said they didnt have one only body cam
The burden of proof is always on the State. However, judges generally believe officers don't lie, so if the officer says you were left of center and you say you were not, the judge will generally take the officer's word over the defendant.See question
I live in Arkansas, my ex girlfriend and daughter lived in California, but my ex moved with my daughter to Orgon without telling me. She has done this before and never tells me or only tells me after she moved. Now I don't know where my daughter i...
Since she is your "ex-girlfriend", I assume that means you never married. So, unless you gave a court order adjudication you as the child's father, you have no parental rights whatsoever. Your first step is to find the child and file a paternity action in the jurisdiction where she lives. Ask for custody or visitation in the paternity petition. If you are awarded visitation, then if she violates your visitation rights, she can be held in contempt. You really need to hire a good family law attorney.See question
Criminal tress pass case which happend 3 yeara ago. Now will be going to trial soon. The police didnt file a police report after i was arrested. As i said it was 3 years ago i was thinking statements made now could be hearsay. But i dont know.
As long as the statute of limitation has not run, they can prosecute you. There are no "motions for summary judgment" in criminal cases. And it would take way too long to explain hearsay, but no, statements made three years after the fact are not hearsay because of the time span. If the people who witnessed it testify, their testimony is not hearsay. You need to hire a lawyer. He or she can look at the evidence and make proper objections if there are any to be made.See question
I know a 17 year old who is being charged with sexual conduct with an 8 year old.. He was 16 when he touched the child. He didn't force the child to do anything. The child did it on his own free will.. The child touched the 16 year old and he touc...
Force is not required when the alleged victim of a sex crime is under the age of consent (16, in Arkansas). So there are two things you need to do: (1) do not post anything else online about this -- you've already revealed more information than should have been revealed in a public place, and prosecutors read through this site as well as we criminal defense attorneys; and (2) hire a good criminal defense attorney with experience in sex crimes involving children. The 17 year old could be charged as a juvenile, but could very well be charged as an adult -- that is usually the prosecutor's preference here in Russellville, and it's the prosecutor who decides which court to file in.
Be sure the 17 year old does NOT talk to the police or to anyone else. Under no circumstances. They will want to talk to him and they will tell him they just want to hear "his side of the story." No, they don't. They want him to make admissions so they can use them against him in court. If he's already talked to police, that's water under the bridge, but don't let him talk to anyone else, except his lawyer.
Good luck.See question
For 3 years I looked for my son. But hippa laws were blocking me from finding her. Finally she left him in a shelter asked them to take care of him cause she couldn't. investigation started and she was accused of trying to kill him. I then got a ...
There are some devastating effects of being accused of child abandonment. It angers me that DHS has threatened you this way -- unfortunately, that does not surprise me at all.
Your questions cannot be answered here on a website. You're going to have to bite the bullet and talk to a local family law attorney who can advise you. Otherwise, if you are hit with a child abandonment accusation, DHS can put you on the Child Maltreatment Registry, and you could endanger your custody of your younger child (not to mention a whole other group of problems).
Since mom has filed for custody and you are willing to give up custody, your Kansas City lawyer might be able to draft an agreed order for the parties to sign to change custody back to mom. (You were told correctly that jurisdiction must remain in KC, where the initial custody decision was made.) Ultimately, it will be up to the KC court, and if the KC court awards custody to mom (through an agreed order or otherwise), I can see no reason that CPS would be able to charge you with child endangerment. Obviously, you can obey a court order to return custody to mom. But talk to a family law attorney here to find out your rights and responsibilities in ARKANSAS, with our DHS office. You do NOT want to maneuver your way through DHS without an attorney.
Good luck!See question
I've been at battle with his mother for almost 4 years. Over child support, visitation, and school just everything. Nothing was ever court ordered and never married. We did everything ourselves. I went into the military and got him on my insurance...
You need to consult with a good family law attorney immediately. Since you are not the father of the child, you are not responsible. And if there is no court order making you responsible, you should be able to just bow out of the child's life, if that's truly what you want to do. On the other hand, since you have stood "in loco parentis" (in the place of a parent), you might have visitation rights to the child if you wanted to pursue those rights.
Before you make any decision that you'll have to live with for the rest of your life, consult with a family-law attorney. We are not allowed to solicit clients on this website, but we are allowed to make recommendations. There are several very good family law attorneys in Conway. James Bargar, Molly Lucas, Chip Leibovich (at Bennett & Williams) are three who come immediately to mind. Or just look up "family law" in Conway here on Avvo, and find one you feel comfortable with.
I am so sorry you are going through this. A deception like this can be devastating. But give yourself some time and distance before you decide to end any relationship with this child. If he's 4 years old, you have obviously developed a relationship, and his biological parentage does not necessarily trump your father/son relationship.
Good luck!See question
I was just researching a breach of contract case I am looking to hire a lawyer for and found something that looks like I won't be able to recover attorney fees. There was no attorney fee clause in our contract. Am I going to have to pay out of my ...
Assuming this is an Arkansas-based contract and the breach of contract lawsuit will be brought in Arkansas, the action should fall under Ark. Code Ann. 16-22-308:
In any civil action to recover on an open account, statement of account, account stated, promissory note, bill, negotiable instrument, or contract relating to the purchase or sale of goods, wares, or merchandise, or for labor or services, or breach of contract, unless otherwise provided by law or the contract which is the subject matter of the action, the prevailing party may be allowed a reasonable attorney's fee to be assessed by the court and collected as costs.
You need to consult with a contracts attorney, who can look at your contract and specifically tell you if it falls under 16-22-308 and you can be awarded an attorney fee. Attorneys rarely take contract cases on a contingency basis (unlike tort cases). So, understand that you will have to pay your attorney out of your own funds (generally) and ask the Court to award you your attorney fees if you win.See question
We are definitely split up, no chance of reconciliation. After a few years on the rocks, we signed an agreement that says "We, names. consider ourselves to be husband and wife in the eyes of God, but do not believe the state has authori...
Unfortunately, we cannot answer in-depth questions on this website about particular contracts. You will need to consult with an attorney, and take the contract and all information about your property (trust, deed, mortgage) to that attorney for your consultation.
I am assuming, based on your question, that you were not legally married; therefore, this would not fall under a marital distribution scenario, but would merely fall under a civil contract lawsuit. Speak to a good contracts lawyer who has a background with trusts and real property. A consultation is usually $150 or less, and it will be well worth it to find out your rights. Good luck!See question