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Ashley Schepens’s Answers

6 total

  • My husband passed away a few months ago and one of our children is still underage. Does my daughter get any income?

    He had back time, and they cut off his SSI check before he passed.

    Ashley’s Answer

    If your daughter is under 24 or disabled she may be considered a forced heir and entitled to a portion of her father's estate. The answer to your question has been facets depending on other questions. Did your husband have a valid will at his death? Did he have separate property? You should seek the advice of a local attorney in order to proceed with the formal succession of the estate.

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  • I got my house 4 years ago and we have been married for almost 2. her name is nowhere on my house paperwork! can i kick her out?

    she has cheated on me and i need to know all of my options.we do have a 6 year old son.i need to know if she gets my house that i alone bought two years before we got married?

    Ashley’s Answer

    I would suggest filing for divorce and requesting that you be granted exclusive use of the home. While it sounds like it is a separate asset, you have a child with your wife and the court will look fondly upon you kicking them out on the streets without anywhere to go. She will not be entitled to the house by law as it is a separate asset, but she may be entitled to 1/2 of the mortgage notes paid towards the house since your marriage if community funds were used. You should contact a lawyer regarding the community property issues because the community is still accumulating and by filing the petition for divorce you will secure the date upon which the community will be terminated retroactive to.

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  • Separated with medical/dental bills. Who pays?

    While still living together with my husband, he was the only one working at that time, and we had medical insurance with Blue Cross Blue Shield. We took the children to the dentist and we all had our teeth checked and cleaned (including my husban...

    Ashley’s Answer

    The debt, as previously stated, is community and will be dealt with in the community property partition. In the future, however, the out of pocket medical expenses will be dealt with in accordance with your percentage share used in the child support calculation.

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  • What do I do now?

    I have a little boy who is almost 3 his father and I were never married but he did sign the birth certificate he comes in and out of his life doesn't call for six months at a time then calls and wants to see him I don't allow him to take him by hi...

    Ashley’s Answer

    In Louisiana if you do not pay court-ordered child support and/or do not visit with the child if you requested that the court order visitation, you can file to terminate the parental rights. Normally what happens is when you file the pleading to do that, the other party finds a way to pay the back ordered child support and clears his/her balance to prevent the termination. Even though his child support is not being paid, if it was ordered by the court, then it will continue to accumulate. You are able to get child support arrearages several ways, including through wage withholding orders from his current employer or you can also have any income tax refund he may get from his taxes garnished. What I would suggest to you is to buy two notebooks and dedicate one notebook to how often he calls, email, texts and visits with your son and dedicate the other one to how much he pays you. You should probably file a Rule for Contempt for non-payment of child support and his failure to maintain a current policy of health insurance on the minor child.

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  • Can my ex-wife take my son out of school in LA and make him come to her home in VA, we have joint custudy she has domicile?

    She agreed to let our 12 year old son come live with me because she was having a hard time with him and he wants to live with me and always has. I enrolled him in school and he started in Aug. and has been doing well and is happy. When my ex fou...

    Ashley’s Answer

    I am unsure from your question where the original action for custody was pending. I am an attorney who practices in Louisiana so I will only be able to inform you of Louisiana law; however, if the custody was determined in Virgina, then Virginia law will apply. With that said, if the orginal action was decided in Louisiana, again, I would need to know whether your "agreement" to allow your son to live with you was in writing and made an official order of the court. If so, then no, she cannot just pull him out of school and move him back to live with her. If there was only a verbal agreement, then the current and most recent order will be enforced. If it says that she is the domiciliary parent and the child is to live with her, then that is the order that will be followed. You should have this matter addressed before the court as soon as possiile if there is no updated judgment regarding you and your ex-wife's agreement for your son to live with you. In Louisiana, if the parties cannot agree on custody, the children will have a say so at where they want to live at 12, but truthfully, it is only one of several factos and ultimately up to the judge how much weight to allot this factor (which is usually not much). I would need to know more information about your case before providing more information.

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  • Can my husbands exwife get a restraining order against me due to the fact that their 7 yr old son says i talk bad about his mom

    restraining order

    Ashley’s Answer

    First off, neither parent should talk bad about the other parent or allow others to do so in front of or within hearing distance of the child. The courts take seriously when parents place children in the middle of family law issues that should only be dealt with between the parents. It is never a smart idea to involve the children in any way with the court proceedings that are occuring or may occur between you and the other parent and neither party nor their current spouses should engage the child in any ill discussions about his parents. Secondly, it does not seem as though you are a party to the lawsuit. It appears as though the lawsuit is between your husband and his exwife. If I am correct in assuming that, his exwife's action would be against your husband for allowing you (his current spouse) to talk bad about her in front of the child and it would be more proper for her to file a rule for contempt against him, depending on what is in the previous court orders. Some parishes have what is referred to as co-parenting guidelines that are part of the custody court orders and included in these guidelines is a specific order that both parties are prevented from talking bad about the other party or allowing others to do in front of the child. You should check the previous court orders, but regardless, discussing anything court related or any ill-will feelings towards either of his parents with the child is an extremely bad idea.

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