Archived
What is the additional action I need to file to get student loans dismissed in bankruptcy on the basis of hardship?
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Answered on October 25, 2013
An adversary action must be filed and prosecuted. In most circuits the proof of undue hardship is subject to the "Brunner" test, and is very...
Archived
How long does the plaintiff have to modify a default judgment?
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Answered on October 25, 2013
Res judicata is an affirmative defense that must, under the rules civil procedure in most if not all courts, be raised as an affirmative defense in...
Archived
Never married, but purchased a home together. She's on the mortgage, we're both on the deed. Now split, what are my options?
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Answered on October 25, 2013
Here in this public forum the generous and knowledgeable attorneys that volunteer for Avvo can provide accurate information about the law and legal...
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I AM NOW RECEIVING SOCIAL SECURITY ,WHEN I DIE CAN MY SPOUSE RECEIVE ANY PART OF MY BENEFIT WHEN I DIE?
Paula's answer
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Answered on October 25, 2013
Yes, a surviving spouse can receive benefits on your account. For more information about Social Security benefits, go to www.ssa.gov.
Archived
My father died in 2009 and my sister did not tell anyone. I found out about his death in 2010.
Paula's answer
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Answered on October 25, 2013
An effective strategy may be to file a probate action in the county where your father died, and move to have yourself appointed as personal...
Archived
I was threatened bymy son if I didnt file charge again my fiance he would make sure I lose my kids. Can I do something about it
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Answered on October 25, 2013
Yes, you must obey a subpoena. Failure to do so will not only result in punishment, but could damage your credibility in connection with the real...
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What can I do about a judge who ordered no contact against me in a different case, without notification, merit or explanation?
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Answered on October 25, 2013
"What can I do about a judge . . . .?" Probably nothing. Some things rather important are missing here, so it is not possible to assess whether...
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I recently gained employment in May 2013, while on welfare. I have yet to report any of my income. Can I be arrested for this?
Paula's answer
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Answered on October 24, 2013
Nothing good will come of failure to report. Depending on the sums of money involved, the charges could be a felony. There is no sympathy for...
Archived
Can a child support/custody agreement be moved from one county to another in Idaho?
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Answered on October 24, 2013
This is far too ambitious a project for a pro se. First of all, proceeding without a venue change would simply matters somewhat. Health and...
Archived
If ex husband is in contempt of not paying child support but does have a job is there a ruling or brief I can use to stop mod of
Paula's answer
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Answered on October 24, 2013
Retain experienced family law counsel without delay. You must first obtain a finding of contempt, then argue the Rodriguez case. This is not a...
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