If a divorce decree is not a legal binding contract then how is the spousal contract set forth in the decree enforceable?
Paula's answer
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Answered on April 19, 2017
Breach of contract is enforceable through the award of damages (and often, attorneys fees). Then the judgment is enforceable against non-exempt...
Archived
My mom who has dementia made a will but hasn't ever went thru courts or lawyer. Is it still legal?
Paula's answer
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Answered on April 19, 2017
Both a power of attorney and a last will and testament are only "legal" (meaning enforceable) if executed with the formalities required by law. ...
Archived
My husband's ex-wife just filed a QDRO. He had to change retirement accounts and since remarried, is she still entitled?
Paula's answer
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Answered on April 18, 2017
The entitlement to a share of a retirement account is established in the decree of divorce. The QDRO process notoriously takes time to complete...
Archived
After having your rights voluntary terminated and you're pregnant with your second child can you still have right?
Paula's answer
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Answered on April 18, 2017
Any parental rights terminated by court order are specific to the child named in the order. Nobody can take a subsequent child solely because a...
Is a divorce decree a legal binding contract?
Paula's answer
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Answered on April 18, 2017
No, a decree of divorce is a court order. Whether any of the terms of the decree are also enforceable as a contract depends on the wording of the...
What can we bring up in a child support modification hearing? Visitation? Contempt of agreement? Grievances?
Paula's answer
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Answered on April 18, 2017
Child support and custodial access are two entirely separate issues, although motions addressing each can be filed simultaneously. Child support...
2016 Toyota Prius purchased brand new battery needs to be jumped every 3 days
Paula's answer
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Answered on April 18, 2017
This is not a legal issue until you have given the manufacturer a "reasonable number of attempts" to correct a defect. Your Prius has TWO...
My ex husband keeps making excuses to not bring my children home.
Paula's answer
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Answered on April 17, 2017
It is past time to discuss with local experienced family counsel how to enforce the decree. The process is called contempt. Sometimes parents...
Cash Advance Inc. Emailed us about owing a bill.
Paula's answer
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Answered on April 16, 2017
This email is strongly suspicious for scam. You can demand documentation of the debt, but do not give up any personal information or send money. ...
Greetings, my wife is being sued civilly over a covered auto accident. Will insurance help us with attorneys??
Paula's answer
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Answered on April 16, 2017
One of the services included in car insurance is defense against claims. When the papers are served, deliver them to your own insurance claims...
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