Archived
I filed for emergency temp cust when i filed for sole cust she asked for a continuance on the temp. I can file for default tho?
Jay's answer
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Answered on June 17, 2019
The response period begins upon service on the underlying petition—the most recent one, if amended. If that period has lapsed you make take the...
Archived
What's considered an abandonment in short term rentals and if abandoned, can the property be rerented to a new guest?
Jay's answer
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Answered on June 16, 2019
If you received payment for that time period, no they haven’t breached. There’s no obligation that they actually occupy the residence. Even if...
Archived
My ex wife never took the page thing class, is she able to get medication and courts involved in changing our daughters school?
Jay's answer
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Answered on June 16, 2019
No, but it might affect her ability to petition to modify legal decision-making, which is what will need to happen if you two have joint legal...
Archived
What does exercising regular access under Phase 3 mean? Does it mean right away or a month or month be exercising under it?
Jay's answer
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Answered on June 16, 2019
Unfortunately we’re not able to interpret your order on this website. You’d need to consult personally with an attorney for that type of...
Archived
My ex husband lied on the stand about income in a CS modification case. Will the judge change the order with the new income inf
Jay's answer
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Answered on June 16, 2019
The judge will make a “finding” of his income based on the credibility of the evidence and testimony presented. If you admitted evidence of the...
Archived
What is a notice of discovery in a motion to vacate a judgement case from the plaintiff mean I'm a victim of identity theft
Jay's answer
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Answered on June 14, 2019
Discovery is the period where litigants request additional information and evidence from the opposing party. The notice of discovery should have...
Archived
I HAVE AN UPCOMING FAMILY CASE WHICH I AM THE RESPONDENT. I WAS JUST NOTIFIED THAT THE PETITIONERS
Jay's answer
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Answered on June 14, 2019
No, it shouldn’t unless the other party moved to continue (reschedule) the hearing. But all of that information will be in the docket. Assuming...
Archived
Can my wife force me to sell our place in lieu of me buying her out?
Jay's answer
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Answered on June 14, 2019
If she won’t agree to your proposal, you’ll need the court to award you the house subject to paying her directly whatever the equity share. If...
Archived
One spouse retired before marriage and other spouse working? How to divide retirement?
Jay's answer
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Answered on June 14, 2019
There really isn’t a disparity that would cause the court to abandon equitable division. The idea is that contributions during the marriage...
Archived
How hard is it to prove a child being mentally affected by a parent to use it to gain full custody?
Jay's answer
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Answered on June 14, 2019
It’s extremely difficult. The parent seeking to prove it will need to retain an expert and even then there’s no guarantee.
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