Posts Tagged legal

my hubby pays his ex child support but the ex doesn’t have legal custody of the kids what should I do?

Question by armatlantic: my hubby pays his ex child support but the ex doesn’t have legal custody of the kids what should I do?
Per the divorce decree he has physical custody and she pays him child support. they divorced in 1999. the kids have lived w/her for a few years cause he had some issues for a while. but she never went back 2 court 2 change the order. now he pays her child support but he lost his job and hasn’t been able 2 pay the usual amount. he is still paying her but there is no court order and she is threating 2 go 2 child support recovery. I don’t believe she has the legal right 2 do that and if she did they would make her pay back child support. am i correct?

Best answer:

Answer by Elitist Snob
You shouldn’t do anything. This is between the ex-wife and your husband.

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I got a legal document in the mail but I don’t understand it. Can anyone explain it to me? Thanks.?

Question by Jon B: I got a legal document in the mail but I don’t understand it. Can anyone explain it to me? Thanks.?
IN THE MORGAN SUPERIOR COURT
STATE OF INDIANA

PORTFOLIO RECOVERY ASSOCIATES,
LLC
Plaintiff,
VS.CASE NO. EXCLUDED

NAME EXCLUDED
Defendant(s)-
ORDER TO RELEASE FINAL ORDER OF GARNISHMENT

Comes the Judgment Plaintiff, by counsel, and moves the Court for an order to Release

the Final Order of Garnishment issued herein; and, the Court being sufficiently advised;

IT IS HEREBY ORDERED that the final order of garnishment issued to the

Garnishee Defendant, NAME AND ADDRESS EXCLUDED be released.

__________________________
JUDGE
__________________________
DATE
MORGAN AND POTTINGER, P.S.C.
ADDRESSES NAMES AND OTHER
INFORMATION EXCLUDED

CERTIFICATE OF SERVICE
This is to certfy that a true copy of the foregoing Order to Release Final Order of Garnishment was mailed to the Defendant, NAME AND ADDRESS EXCLUDED and the Garnishee Defendant, NAME AND ADDRESS EXCLUDED

MORGAN AND POTTINGER, P.S.C.
____

Best answer:

Answer by p.h
you owe money and they are going to take it out of your wages at work

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Q&A: If a legal document states: Judge xxx presiding defandant is ored to treatment at noca (a drug and alcohol reh

Question by juls: If a legal document states: Judge xxx presiding defandant is ored to treatment at noca (a drug and alcohol reh
would this be considered a court order and what would happen if they just left

Best answer:

Answer by Meow
You would have a warrent out for your arrest and you would be arrested and sentenced to jail time.

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Is it legal to be fired for asking your boss for a LOA to enter rehab for alcoholism?

Question by jeafox: Is it legal to be fired for asking your boss for a LOA to enter rehab for alcoholism?
My brother asked his employer for a leave of absence so he could go to rehab for alcoholism (forget that his employer supposedly has an open door policy and programs to help its employees with problems without any reprocussions), his boss responded by firing him. Im pretty sure this is a violation of his ADA rights, but would like to know exactly what laws are being broken and the best way to handle the situation, as my brother cannot afford legal consult.

Best answer:

Answer by Phoenix
I’m pretty sure that is in violation of Family Medical Leave of Absence laws. It would depend what, exactly, your brother was supposedly fired for. In an at-will state (most states), employment is at-will and you can be fired any time for just about any reason. However, you can’t lose your job for requesting FMLA as you are guaranteed 12 weeks per year and your employer has to guarantee your job will be waiting when you return.

Again, the specifics will determine whether it was handled legally or not, but this sounds like a blatant FMLA violation. Usually lawyers will give a first consultation for free and they may take his case on a pay-if-we-win basis (don’t do it for more than 30%!!) He should take advantage of that first consult (make sure when he makes the appt. that it is free).

He could also simply strong arm them by threatening to bring about a FMLA case. Often, if you push just a little, they won’t risk it or won’t bother dealing with it.

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Q&A: Are drug laws even legal according to the Constitution?

Question by heaven35: Are drug laws even legal according to the Constitution?
I know there laws against drug but do you think our founding fathers would agree to them,or no?Also what do you think our laws on drugs will be like when our generation get older,and the baby boomer goes into retirement?Please give me your personal opinion on drugs laws,and where the constitution stands on them.I don`t do drugs,nor will i ever try but it still suppose to be free country right?Drugs are bad but still.

Best answer:

Answer by Señor Sñarky
A free country doesn’t mean that you have the right to do whatever you want. It’s a republic so we elect representatives to make laws for us that represent our values. Somewhere along the line our representatives decided that drugs were bad and that’s what the majority of Americans apparently agree with because the laws haven’t been taken down and there hasn’t been a major push to remove them (present efforts for marijuana excluded).

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Should any one who owns a business be made to prove legal status?

Should all who apply for a business license be made sure that they are here legally?
Should this be a national requirement for all businesses?
Should illegal aliens be allowed to own a business here since they have disrespected our laws?
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City business owners must prove citizenship
Filling out an application is not enough anymore. Business owners within the city of Conyers must now confirm they are in the country legally before they can run a business.
Reporter: By Alena Parker, Staff Reporter
Email Address: alena.parker@rockdalecitizen.com

CONYERS — Filling out an application is not enough anymore. Business owners within the city of Conyers must now confirm they are in the country legally before they can run a business.

Local government agencies were recently called to verify citizenship and immigration status of business owners through the Systematic Alien Verification for Entitlements, or SAVE, program of the U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Services.

The Conyers City Council voted Jan. 20 to enter into an agreement with the federal agencies though Conyers city attorney Michael Waldrop noted they did not have much choice.

“The Georgia Legislature has required that cities and counties participate in the SAVE program to verify the legality of those who do business and receive benefits from the city,” Waldrop told the council members.

Councilman Marty Jones voiced concerns that paying for notary services every year, in addition to getting a business license, would be inconvenient “on the operations side.”

“People who write the regulations don’t have to live by them,” Jones said.

The new requirement will affect the roughly 1,800 businesses in Conyers.

“Unless you have a notary in your office, the proprietor is going to have to go somewhere — whether it’s the city, the bank, the post office, somewhere — to get someone to notarize this document (affidavit), swearing that he is, in fact, a legal citizen or here legally, whatever the status may be,” Waldrop said.

The new requirement will affect those applying for retirement benefits, health benefits, contracts, alcoholic beverage licenses, occupation tax certificates, taxi cab licenses, insurance company licenses, pawn brokers licenses, massage therapists licenses, billiard room operations licenses, precious metals and gems dealers licenses, conducting flea market licenses and peddlers and itinerant trades licenses, according to the city documents.

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Alcoholic husband will not leave home that is in my name voluntarily legal advise required guidence needed.?

I have known him for 4yrs now, been married almost 2yrs. House is in my name with my grandmother as co-signer. All bills, credit cards, both vehicles, insurance, etc. are in my name. Nothing is in his. However, we consider 1 vehicle his & 1 mine. No argument on who will get what on those. We also have horses & he has put alot of blood & sweat into making a comfy farm for them. So yes, he has contributed to the value of the home. Has received his 2nd dui & I want out. All the broken promises of quitting. All the neglect & lonliness I suffer from. I have begged, pleaded & asked nicely for him to move out until he can get help. He will not do anything other than what the court orders. Meaning, he will not do anything to help to save us. In being 37, I want “out” to be able to find the happiness I deserve and have worked hard for all my life to have. Does it have to get nasty or can I just get a restraining order or something to get him to either get the hint or get out?

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What legal right do I have concerning my parents?

I’m 17. I’m considering emancipating myself from my parents. I no longer live with my parents, and im currently looking for a job. I know those two things are required before going to court. My father is an alcoholic and my mother is a convicted felon who has left my family 3 times. My parents have always neglected me and cant even make it without the assistance of my grandparents. Is there anyway my case could hold up in court? If so is there anyway I could just get a portion of my grandparents money back for them?

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Stuck in the Middle of a custody Battle Need some legal advice Please help?

Wow Were to start Well I have bin with my Girlfriend for 3 years now. We have a fresh 8 moth old baby. And She Has a 6 year old Kid with Her X husband. I have bin suffering for 2 years now with here and her x fighting about there son. Im really tired of hearing about it and we get into a lot of fights because Im just so tired of hearing it. His father has bin out of his life for two of the 6 years and was ordered to go to rehab a number of years ago for drugs and alcahol and never even completed the rehab. He was alowed Visitation every other Weekend and thursdays. That was fine with my girlfriend. But what happend was about a week ago. My girl friend started getting anxiety and bells Polisy witch makes her face go knomb when shes very depressed and stressed out. Not to mention she has very bad eyesight. Well She took the kids to a soccer game last week and she had all her semptoms of her stress and bad eyesight. Her x called the cops saying she was drunk. But she doesnt even drink all she does is take perscribed Zaneks for stress. Well the cops came arrested her and gave her a drunk in public because she couldnt pass the eye sobrity test and the line. They arrensted her and took her in jail over night they didnt give her a breatherliser or blood test. Here X then schedualed a Imediate custody court hearing. And now her X wants 50/50 custody. And wants her to go to rehab and only have day for visitation a week that is supervised. What can she do we dont have enough money for a lawyer. I dont want to suffer anymore!!! AOrry for the bad spelling english is my second language

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¿Smoker Or Not: Do You Think Marijuana Will be Legal Almost Everywhere in 50 Years from Know? Arguments?

1 out of 100 American adults are in jail. When you see that figure, what comes to mind? You may ask yourself, “Why are so much people in jail?”

One of the big answers is: Marijuana. In the year 2006, 43.9 percent of the 1,889,810 total arrests for drug violations were for marijuana- a total of 829,627. Out of that 829k, 738,916 people were arrested for just marijuana possession alone. Think of how much it would have risen since then? In the recent news report about the jail rates it said on average a state spends 25k per inmate. That’s around 18,472,900 dollars- If they where arrested all in the same state, since some sates spend even more, or less per inmates.
Oh, yes. Don’t forget the cost of fighting Marijuana “States spent $42.89 billion on Corrections in 2005 alone. To compare, states only spent $24.69 billion on public assistance.” So, in 2006 to around 2005, if you add all that up, the cost of jailing the inmates, and the correction costs: it all adds up to more then 42,908,472.900 being spent!
Those 829,627 people did nothing wrong, they did no violent act. If free they’d be any normal working tax payer in the US.

The point of this article is to show you that Marijuana isn’t the work of a bad force. Rather the work of a good force but clouded by the government and its drug laws. If we stopped spending all that money, we could put it into something that’d help the economy. Give it to schools, or help feed some poor people. This war on drugs has done nothing to stop the flood of drugs entering the US. “Did alcohol use decrease during the Alcohol Prohibition? No.” in fact “Consumption by women and children increased dramatically” Today we’re seeing the exact same thing when it comes to the drug war. “Every hour spent investigating a drug user or seller is an hour that could have been used to find a missing child…”

I’m in favor of legalizing drugs. According to my value system, if people want to kill themselves, they have every right to do so. Most of the harm that comes from drugs is because they are illegal.”

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Why aren’t drugs legal, when there is so much money to be saved and made?

From a business stand point, you’re looking at a market potentially as large and profitable as the tobacco or alcohol industries.

From a social stand point, you’re looking ending victimless crime and criminals.

From a financial stand point, less criminals means less inmates, less inmates means prison funding, less funding means less tax.
Less criminals also means less enforcement (ei. DEA & drug task forces), which means even lower taxes.

From a legal standpoint you’re looking at laws similar to those in place for alcohol and tobacco.

Everybody wins.

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Grand Jury says government could benefit from legal pot: County could see $7.5 million gain from new taxes and …

Grand Jury says government could benefit from legal pot: County could see $7.5 million gain from new taxes and …
SANTA CRUZ – Local governments could cash in on legal pot to the tune of $7.5 million, a new Santa Cruz County Grand Jury report concludes.

Read more on Santa Cruz Sentinel

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I am going to request full physical and legal custody of my son…?

and I am sure that his father may argue this. I don’t want to keep my son from his father at all, but I am wanting to accept a job offer out of state, and if I stay in California, I don’t think it will be healthy for my son. His father is an alcoholic, and just got his 3rd DUI. He still continues to drink, and refuses to get help. He says he’s getting help, but he’s referring to his court ordered classes that he takes with the DUI school! He is still drunk some nights when I call him.

How will the court approach the alcoholism, and can I use that as a reason that I don’t want him to have full custody? I’m totally all for visitation, and have done all I can to ensure and support their relationship, but I have seriously had it with the drinking and don’t want my son around it! What can I do to ensure that he isn’t exposed to it?

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I am wondering what the legal rights are for fathers who pay child support?

The custodial parent is unemployed and an alcoholic, and demands that the father be supervised when he tries to visit, threatening him when he tries to take the child to see his grandparents, etc. It’s ridiculous, and he’s emotionally very discouraged. What are the steps he should take to make her a more responsible party? She lives with her parents and is milking him financially and emotionally. I don’t know that it is best for the child to be with her, but he is hesitant to take her to court and take the child from the mother, as well as feeling generally not up to the challenge of taking full custody. What should he do,and what role should I play as an outsider/girlfriend? I am willing but completely inexperienced with children, and I don’t want to traumatize the child but the current situation is making the father miserable and I believe the child may be suffering from things related to her alcoholism and drug abuse.

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As an adult sister-how to get legal custody of 9 year old brother?

I’m 23 & have been living on my own and supporting myself since I was 17 years old & I’m doing pretty well.
My mother has always been an extremely abusive alcoholic and when I was a minor she severly physically, mentally, and emotionally abused me. I have a 9 year old half-brother who lives with her(neither of our fathers are in the picture).She doesnt physically abuse him but she neglects him and emotionally abuses him. She is drunk since the early morning sometimes and he is terribly afriad of her and wants to live with me.However, she has a nice home,a car, & makes sure he always has food and clothes.Its more about the fear and lonliness she makes him feel. I want to try to take her to family court to get custody but do I have a case here?The home he lives in is fit and she is able to hide her alcoholism very well and not drink for days at a time, sometimes even weeks.But it always comes back worse then ever. Would I be able to prove she is unfit? Anyone that knows law,please help.

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Anyone with AA, Legal, DMV, and / or DWI experience please help.?

My brother is a Alcoholic, he has been sober for ten years. He was as bad as it gets. He had 5 DWI’s. 10 sober years later, he found a good job that he can walk to work, he volunteers on weekends and helps countless people. As you can imagine, with the 5 DWI’s there were many fines and penalties. He turned himself into the police , and payed all his fines. (just because it was the right thing to do) Now the judge not only took his license away for 20 years ( which is what we all expected) but sentenced him to 6 months in jail. Were he will obviously lose his job, and have to start from scratch. Lawyers aren’t much help because it is all mandatory. Anyone have any similar situations.

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drugs should be legal tell me your thoughts?

Prohibition does not prevent cannabis use by children or the mentally ill, the vulnerable populations whom we supposedly want to protect. Instead, cannabis prohibition makes it more difficult for parents, patients, society, doctors and law enforcement to control cannabis use.

The Drug War makes honest education about cannabis impossible, and leaves cannabis users marginalized in ways that make their lives more stressful.
This stress is unhealthy for everyone, but it is certainly most damaging to people with schizophrenia.

Cannabis prohibition is not merely a failure; it is a counterproductive fraud that is harming those whom we claim we want to protect.
There are currently more teens in treatment centers for marijuana in comparison to those admitted for alcohol.
Only an idiot would have to ask why alcohol is not the no#1 problem
after all alcohol is perfectly legal ( If you are 21.)
That is due to responsible people handling alcohol by way of the carding and id system.

Contraband markets make no age disgression.
Since the crackdown on tobacco there are 75% fewer teens trying or using tobacco.
However when it comes to cannabis and other illicit substances it’s a whole
other ball game.
Control, regulation and better education work prohibition, dose not.
Or as John Walters of the ondcp (Office for national drug control policy) calls it “ a war on drugs” (Sorry John but it’s true look at the Netherlands)

America loves a war even if it is on it’s own people.

One of several reason they don’t legalize drugs is not because of the harm of drugs,
But people would lose more money in the long run.
Some of the people behind the support of this irrational so called war are
The tobacco industry,
the alcohol and distilled spirit industry ( people simply don’t drink as much, or decide not to drink at all with cannabis meaning a decline in there sales.
The pharmaceutical corporations can not make money on whole or raw cannabis, but they can charge an arm and a leg for there synthetic Marinol (dronabinol) CIII.

The textile and paper industry would lose out from hemp production, sinse hemp dose not need to go through all the various processes that ordinary tree products would. Also it’s possible to get two harvest in one season.

However people don’t know the difference between industrial hemp and smokeable cannabis, yet they are able to distinguish between the two in other country’s like Germany, the UK , Netherlands and even Canada, but our `DEA agents are so dumb they cant tell the difference between a stalk and a bush.
Also people who have any knowledge of growing high quality cannabis will tell you that male plants should never be grown next to your high grade female plants,
(unless of course you want to pollinate for future seed production).
When it comes to farming hemp the males are left in tact to pollinate the females and produce as much seed as possible.

This would mean a seedy mess for the pot smoker to clean up and produce undesirable future generations of smokeable cannabis.

If anything, Hemp farming would be anti marijuana and would harm any outdoor pot farming within a one mile radius of any hemp farm.

The petroleum industry would also be affected, sinse almost everything that can be made from petroleum can be synthesized from hemp oil, everything from bio fuel to even plastics. If North America would use a third of it’s land for hemp production we could create enough bio fuel to supply an area the size of Canada.

Now also for a moment consider how many people are incarcerated over just cannabis who are currently in the prisons and jails.
If cannabis were legalized and all inmates serving time for cannabis were freed there would be an over abundance of empty cells, and millions of guards in this country would be no longer needed.
The prison building industry would almost be obsolete ( and if all drugs were legalized that would mean even more empty cells).

So the prison system must have some means of gaining more inmates.
Not to mention other areas such as treatment centers, probation.etc
or HIDTA high intensity drug traffic areas where money is fed in to law enforcement,
(they would miss there green $$$)

Drugs , not even alcohol are the cause of the fundamental ills of society, rather than checking people for the presence of drugs, they should first test people for stupidity, ignorance, greed and love of power.

Also check out Law Enforcement Against Prohibition at

www.leap.cc

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I have to pay to park in the disabled parking spot at college, legal?

My college is going to make me pay $100 to be able to park in the disabled parking spot even though I’m getting a state disabled parking pass.
Is this legal? They say it’s because all students have to pay to park in those lots, even though they do have a free parking lot it just up a damn hill and I don’t want to walk in sub-zero weather this year and screw my lungs up again. (AKA stop breathing in the middle of the night again.)

Federal law states:
“Transportation services that an institution provides to its students shall, when viewed in its entirety, be offered to handicapped students in a manner that provides them with opportunities that are equal to those of non-handicapped students. This requirement pertains to all aspects of transportation including student parking…” (Sec 504 of the Rehabilitation Act)

Important parts:
“…opportunities that are equal to those of non-handicapped students. ” “… including student parking…”

If non-handicapped students can park for free and yet I need to pay $100 to park because the free parking lot is too far for me to walk, is this equal rights? I understand all students need to pay to park that close, but for crying out loud it’s not like I want to have to park that close.
Am I missing something here or is the college doing something illegal?

Just an additional note, I do get a discount since its normally $300 or something near that but still…

Guess I should make this clearer… There is a free parking spot, but because of my disability I can’t use it.

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Legal help please. I expunged a California sex offense, how to erase it?

I’m soon to Qualify for a Certificate of Rehabilitation in California. I’m sure I’ll get it. It’s kinda like a pardon and relieves the requirement to register as a sex offender (TG). I would like to have the record sealed. How hard is that? It was a misdemeanor but registrable (not involving a child). No, I’m not sick, just stupid.

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What legal term is the equivalent to “Breach Of Contract” when a government agency defaults on its obligations?

Examples would be:

A school that refuses to educate a child or puts conditions that the child or the child’s parents cannot possibly or reasonably meet as a condition of educating the student.

Another example would be if a state vocational rehabilitation office refuses to provide job training funding unless the client fulfills requirements that the client cannot possibly meet or reasonably meet as a condition of funding.

If a private company breached its obligations to its clients or customers, the name of the court action would be “Breach of Contract”. What is the name of the legal term used to take action against a government agency for breaching or failing to perform its duties and obligations to the public?
I meant no education at all and not mearly an unsatisfactory one due to conditions beyond the control of the parents. Education is a specific obligation the government has towards children in every jurisdiction in the United States.

I was asking what is the term when mandatory obligations such as education are not met.

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