I am trying to represent myself in a case I filed to modify maintenance. My ex husband has an attorney. Our divorce was final in 2010. I can not afford to pay an attorney to represent me. My big issue right now is trying to figure exactly what can...
Obtaining copies of his tax returns is a good place to start. That should include whatever documentation is received related to the LLC income.
What you do with all the information you receive is another issue. You are headed to a hearing where you have to make solid arguments and you will be outgunned by the greater experience of the attorney on the other side. Just because something may be "income" for some purposes does not necessarily mean that it affects spousal maintenance. For instance, second jobs - beyond a first full time job - generally are not counted in support calculations. Thus, even if your ex was drawing a salary from the LLC, it wouldn't necessarily affect the support calculation.
On the other hand, some assets can create imputed income even if they are not actually creating an income stream. Where, for instance, a spouse inherits a house and lives in it, case law supports imputing an income stream based on either the reduction in expenses created by the asset or the interest or income stream that the funds could have created if otherwise employed.
You have significant legal and accounting issues that you need to be able to get a handle on and present cogently to a court if you are going to be successful in your request to increase your spousal support. If you expect your motion to result in a significant increase in your income, you may want to consider at least paying an attorney to review the information with you and discuss the arguments you are going to need to make when the motion goes to hearing.See question
I was employed, as a household manager, by a family as of recent. They have me their credit card for household related purchases. They are now saying that I made fraudulent charges for my personal use. These items have never been in my possession...
Were all of the items you purchased with the credit card used by the family? If so, you should be fine. If you exceeded your authority then you might have a problem.See question
Im being accused of drinking in a public area. In his statement the officer said he knows me from frequent run ins. The officer used a web mug shot from a previous arrest for a FTA on a traffic ticket. I have never been down in that area and i do...
Your chances of losing if you represent yourself is very high. Even if you are a competent trial attorney, the mechanics of a Defendant handling his own cross examination of witnesses is usually very detrimental for the Defendant.
It sounds like you may have a defense to the charges, but you need to carefully review and understand the prosecution's discovery file so that you know how they intent to prove their case.See question
Proceeds of the house were to be divided by the divorce decree. The title company withheld my portion of the proceeds and released that portion to my ex-spouse (the house was in his name only). They never released my portion of the proceeds to m...
You need to figure out what happened to the money.
If the title company was holding your share of the money, then they would eventually have turned it over to the State of Colorado if the money was never claimed. If that is the case, you can contact the Colorado Treasurer's Office and see if they are holding money for you. If so, you can apply to have the money released to you.
If, on the other hand, all of the proceeds were released to your exSee question
We paid $5700 for a front porch/deck to be made of composite materials, New railing, and low-voltage electrical safety lights to be on each of the seven risers going up to the house. Contractor did a poor job, but was called off onto a larger whol...
A counterclaim for what?
Attorneys are not allowed to solicit business on this site. You will need to use the "Find a Lawyer" link and contact attorneys if you want to hire someone to represent you in court.
There is a reason that parties generally do not hire attorneys for small claims court cases. The attorney fees you spend likely cannot be recovered from the opposing party even if you are wholly successful. That makes it difficult to spend the money for representation in a case that only encompasses several thousand dollars.
You should obtain an estimate for what another contractor would charge to correct or complete the work that the first contractor was supposed to perform. Having the new contractor testify regarding the necessary corrective work will be very helpful for your case. If you can show that correctly finishing the work will cost more than $5,700 then you have a good argument for paying the contractor nothing.See question
What happened is when i moved in under different Mgr.but same company, i did not sign a lease agreement,all documents were given too me and signed by the Mgr. at that time,but did not have me sign,A few months ago my new Mgr had me come into offi...
If you actually lived there during the term of the lease and paid an agreed upon rent, you likely had a valid verbal agreement even without a signed lease. You simply don't get to live in an apartment for free. The only real benefit you would get by not signing the lease is if you had wanted to terminate your tenancy before the end of the one year period.See question
I won case in trial after tow truck rear ended me, my lawyer failed to attached my car damage and physical therapy to my case, now im being told i have to sign a release of claim form before the defendant insurance company will release money that ...
The insurance company wants a complete release in return for paying off the judgment. You can refuse to give it to them, but if you do then you will have to take other steps to collect the judgment - the insurance company isn't going to pay you directly.See question
I have tried to talk to and see my two children for going on 4 years. I am current on child support, which has never been an issue. I work three jobs just to maintain my living situation and to make sure I never fall behind on support. I call ever...
When you say you have been "trying" to see your children for four years, have you actually been to court to establish enforceable parenting time orders or have you limited your efforts to asking your ex to give you what you want?
Can you prove that your ex caused "child abandonment" by refusing to agree to a parenting time schedule when it wasn't important enough for you to go to court to establish one? No, I don't think you can. However, you can try harder.
You figured out how to file a motion to reduce your child support payments. It's not that much more difficult to file a motion to get an enforceable parenting time schedule set up with your children. If a relationship with your children is important to you, then you need to do this as soon as you can.See question
He refuses to pay child support and he's been in contempt of court twice for not showing up to previous court dates. He showed up late to our last court date and said that he is taking this case to trial. He owes about $15,000.00
It depends on what is pending. Are you headed to trial on a contempt motion or on a motion to modify child support?
If you are headed to trial on a contempt citation, then you will need to show the court that the Defendant knew about a court order, had the ability to comply with it, and failed to do so. If you can do that, then the Court will enter sanctions which could include fines and jail time.See question
I was stopped on my way to an interview by a state patrol, I was going 84mph on a 55mph road. It was an automatic summons to court and a 6 point infraction ( I understand that in Colorado a 6 point infraction is automatically a misdemeanor). I als...
No, you are not likely to face jail time. However, the suspension of your license may be a risk. You may want to discuss these tickets with an attorney. You will need to get one or both of your remaining tickets reduced if you want to keep your license safe.See question