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Tracy M. Rau
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Tracy Rau’s Answers

692 total


  • If my mom has gaurdianship of my daughter can i be charged after 10 years for child support

    mutally agreed between my parents i gave them gaurdian ship of my daughter i have contact with my daughter and mom everyday given money for lots of stuff and now my mom tells me that i could be charged for child support after going to welfare t...

    Tracy’s Answer

    I agree with the prior responses and add that you should at least consult with an experienced domestic relations attorney on the issue in order to be most fully informed of your rights and obligations in the child support/guardianship context.

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  • Can I file the lawsuit in NV?

    I'm a NV resident. I have been going through a divorce and custody proceedings for 7 months in AZ but the court keep violating my constitutional rights and my rights according to the UCCJEA and the PKPA. There has also been other issues with this ...

    Tracy’s Answer

    I agree with Mr. Pickard's thorough answer.

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  • Divorce case question

    So I was filing for a simple divorce. My wife didn't contest so I filed for default after over a month. She then files answer and counterclaim about a week later. Can I file anything to argue against court accepting since it was after default or a...

    Tracy’s Answer

    I agree with the prior answers and add only that given the strong public policy in the State of Nevada regarding the Court's preference to decide matters on their merits (as opposed to disposing of them or making orders only as a matter of procedure) it is likely that you may be stuck arguing. Hope this helps and good luck.

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  • My mother is moving to Nevada from Colorado. Will husband have access to her home equity that she acquired before marriage?

    My mother is selling her home in Colorado and using the equity to buy a home in Nevada. She married her current husband in Nevada, where he's from, last year. She owned her home in Colorado free & clear before marrying him. She also has substan...

    Tracy’s Answer

    I agree with the prior answers and add that they key to keeping a separate (pre-marital) asset separate is in keeping the asset separate from community use. Community use of a separate asset may constitute "transmutation" of the asset from separate to community. Also there are statutory presumptions which apply regarding gifts and other property use and transfer which she should be aware of. I strongly suggest that your Mother consult with an experienced estate planning/ domestic relations attorney in order to explore her options here to help minimize the changes that she fall into one of many community property "traps".

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  • Is their any place in Las Vegas that a Pro se can go to and be-able to prepare divorce filing, Motions, replies etc at no charge

    I am pro se and impossible to get attorney to represent me in my divorce my wife filed and she is represented by counsel. I don't have any means to prepare legal filings like attorneys and courts use, with the lines on the left side and numbers on...

    Tracy’s Answer

    Try the family law self-help center. Their web site is : http://www.familylawselfhelpcenter.org/
    Good luck!

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  • Can Divorce Court Order a totally disabled person with only income Pension & Social Security be forced to pay wife's legal fees

    in divorce she filed and she hired an attorney and I the defendant cannot even obtain an attorney to represent me in the divorce because I am so broke and only have small incomes from Pension and Social Security. That was Social Security disabili...

    Tracy’s Answer

    Both SS income and pension income are "income" for the purposes of community income analysis. If your receipt of income, from whatever sources, exceeds hers, she would, at the very least have a claim for fees under the law. The court should take all of the facts and circumstances into consideration in making an order for fees. I strongly suggest that you at least consult with an experienced divorce attorney in order to be most effectively appraised of your rights and obligations in this area. Hope this helps and good luck.

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  • How can he get away with it for so long

    My girlfriend has 3 kids all with the same father. 18 ,9, 8 . In the 7 years we have been together he has made 3 partial payments. She has a court order.

    Tracy’s Answer

    Sorry that she has had to go through this. I agree with both prior answers. She should consider opening up a child support enforcement case with the Office of the District Attorney (if she has not already done so) or retaining a private attorney to reduce the arrears owed to Judgement and seek to collect. The former is a free service to Nevada residents but it tends to take a great deal of time as a result of the fact that they have so many orders they are seeking to collect. The latter costs money so she should calculate roughly what is owed so that she can to the appropriate cots/benefit analysis. Unfortunately, people do not always pay what they should under Court orders and that is certainly frustrating. Hope this helps and good luck!

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  • Does an inheritance from my deceased fathers IRA go towards my yearly income?

    My father passed away in 2008 I was the beneficiary of what I think was his IRA. The IRS withheld taxes from the inheritance and then in 2009 or 2010 said the inheritance was taxable income. I responded twice with a copy of my W-2 and proof that t...

    Tracy’s Answer

    The IRS code changes all the time. I suggest you ask this question of an accounting professional as opposed to an attorney for the quickest and most accurate information in the issue. Good luck!

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  • Why am I getting less money than I'm suppose to.?

    I have a child support order of $640. a month, they take $640. a month from non custodial parent, I receive $ 596. a month, where is that $528. a year going, ? , $100 of that $640 are arrears , he owes 7.000 , at this rate my boys will grad Colleg...

    Tracy’s Answer

    This could have to do with any state benefits that the child(ren) received at any point. These can include health insurance, food stamps or other benefit. If that is the case, the State will take that money out of child support until it is paid back. You are always free to request a full accounting from the office of the district attorney fro child support enforcement and this accounting will break down all money received and how it has been applied. Hope this helps and good luck!

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  • Joint Preliminary Injunction in custody case

    My ex-girlfriend filed custody case. I filed an answer already, but now she is bothering me. I think I can file a joint preliminary injunction to address the harassment but wonder if i can and if I need to personally serve her with that injunctio...

    Tracy’s Answer

    A Joint preliminary Injunction (JPI) must be signed by a Judge in order to have any real power i.e, to hold a party accountable to it's terms. While this is not central to your question, it is important to understand the extremely limited power of a JPI which does not have a Judge's signature. Regarding its service, it is a good general rule to have personally served any JPIs at the beginning of a case.

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