http://www.expertlaw.com/forums/ Free legal help and information. Thousands of answers to legal questions. en Wed, 16 May 2012 21:35:27 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=141285&goto=newpost Wed, 16 May 2012 20:17:18 GMT My question involves child support in the State of: NJ My ex is in arrears for over $100,000. He is in the entertainment industry and has... My question involves child support in the State of: NJ

My ex is in arrears for over $100,000. He is in the entertainment industry and has performed several shows recently and is also going to be hosting a radio show beginning June 1st. He has indicated to me that he can't be touched by child support enforcement because he has his money in an LLC. While I currently have sole custody, I believe he may file for visitiation but in anticipation of him trying to say he is 'unemployed' when we get to court...I'm wondering how can I go about showing that he is indeed making money but that the income is hidden. I don't know how deeply child support workers can investigate these matters. I have not heard back from the worker yet with the information I found online about his radio show and Media Group LLC business. My funds are limited, but is there some kind of investigator I can hire? Does anyone know how he may be hiding the money through an LLC? Will a judge believe that this man has no form of income (because its not documented) for the past 9 years but has flyers and advertisements for his radio show and performances?

I asked child support about a federal program that focuses on when cases are in arrears of over 100,000 but she said she did not have any information on it. Because he lives in another state it is difficult to enforce, there is no warrant for arrest. Does anyone have experience with the private child support collection agencies? Would they perhaps be helpful in this kind of case? ]]> Child Support SoccerMomNJ http://www.expertlaw.com/forums/showthread.php?t=141285 http://www.expertlaw.com/forums/showthread.php?t=141284&goto=newpost Wed, 16 May 2012 19:34:23 GMT My question involves labor and employment law for the state of: New York Apologies in advance if this is not the appropriate section in which to... My question involves labor and employment law for the state of: New York

Apologies in advance if this is not the appropriate section in which to post my query.

I'm currently working in a large office in NYC. Last week, I came home after work and observed a bed bug crawl out of the sleeve of my shirt. I captured the bed bug, and three days later I developed hives consistent with bed bug bites. Trying to do the right thing, I informed my HR department, letting them know they should keep their eyes open. An hour later, my supervisor informed me that HR told him I must work remotely until I can provide proof of fumigation. I asked who would be footing the cost and he said I would for any pest control measures in my own dwelling. The company, he said, would be hiring a pest control specialist to have a bed bug canine try and detect the presence of bugs in the workplace. I asked why I couldn't do the same (have a dog, a much cheaper option, at least see if I have more bugs before resorting to fumigation). I was eventually told I could have the dog come, which made me wonder if there really is a company policy on place. They also mentioned that this course of action was pursuant to NYDOH code, but I could find nothing online to substantiate this. So, I'm wondering if my company can:

A) Have a policy that forces me to provide proof of bed bug eradication before allowing me to return onsite

B) Make me incur the cost of extermination when it's entirely possible that I picked up the bed bug from my company. By the way, the icing on the cake is that HR told me not to "feel alone" because they just went through this very course of action with another, unnamed employee. The kicker? That employee, who also notified HR of bed bugs in the home, is on my floor. Also wondering if anyone knows of a NYDOH law that would require me take these actions before being allowed to return to my office. Sorry for typing do many details; I'm just really upset about all of this. Thanks in advance for any help! ]]> Problems at Work remybklyn http://www.expertlaw.com/forums/showthread.php?t=141284 http://www.expertlaw.com/forums/showthread.php?t=141283&goto=newpost Wed, 16 May 2012 18:12:27 GMT My question involves child support in the States of: the entire usa more of a idea/thought than a question. i am and have been paying child... My question involves child support in the States of: the entire usa

more of a idea/thought than a question.

i am and have been paying child support for quite awhile now(10+yrs).
i, for one, as a paying father would like the child support system to create a better system of accountability for the receivers of said payments.

meaning, (for example) lets say i pay $800.00 a month to the ex. (thats for two children ages 4 and 6)...

why can't this sytem get a credit card type program set up to where every month the payments are deposited into an account.
like food stamps, wic, etc. these credit cards would only allow certain transactions to happen. (ie: food, clothes, caycare, etc)

i feel there are those out there that willingly spend the cash on drugs, partying, etc... and not on the children it was intended for.
where is the accountability there? if there are no reports, child support division will never know...
and you might say, well ask that person where the money goes....
standard responce...... its not your business where i spend the money......

well i feel it is every parents BUSINESS to know where and what that money goes toward....
bash on.... ]]> Debate the Issues sapper http://www.expertlaw.com/forums/showthread.php?t=141283 http://www.expertlaw.com/forums/showthread.php?t=141280&goto=newpost Wed, 16 May 2012 16:47:14 GMT My question involves criminal law for the state of: OH On Sunday morning, I went for a drive and was parked when a cop pulled up behind me. I had... My question involves criminal law for the state of: OH

On Sunday morning, I went for a drive and was parked when a cop pulled up behind me. I had a marijuana pipe on my floor and he spotted it, and proceeded to find a small bag of personal use marijuana (around a gram). I also had cigarettes. I'm 17. I wasn't written a ticket or cited for anything, but they called my mom and said I'd get a court date in the mail. Then they just let me drive away.

My first question is, do you think they'll really make me go to court or were they just messing with my head? I've never been in any kind of trouble before.

My second question is, what will the punishment be? And is there any chance of reducing or avoiding probation? If I get a lawyer will that help? ]]> Criminal Charges dazedandconfused11 http://www.expertlaw.com/forums/showthread.php?t=141280 http://www.expertlaw.com/forums/showthread.php?t=141279&goto=newpost Wed, 16 May 2012 14:00:45 GMT My question involves labor and employment law for the state of: Arkansas

Ok, short & sweet, although there are several issues in play here...I work for a staffing/recruiting agency. The owner started paying a bonus/commission to the person making the placement on any permanent placements made...a % of the fee that is charged to the company, with the stipulation that it would be paid 3 mths. after the placement was made IF the candidate was still employed at the client company. Now, I am resigning & I have several placements I made that would not "pay out" for about 6-8 weeks after I resign. There was no contract...only an email outlining the guidelines as to when and how much the pay-out would be, it does NOT state that you have to be present/employed to get this bonus. Since it's really more of a commission, are they obligated to still pay this & is there a timeframe to pay it out since I'm resigning before the 3 month rule? ]]> Resignation and Termination MelissaAnne http://www.expertlaw.com/forums/showthread.php?t=141279 http://www.expertlaw.com/forums/showthread.php?t=141278&goto=newpost Wed, 16 May 2012 13:34:36 GMT My question involves a child custody case from the State of: New Mexico

The background of my case is on the forum somewhere, so I'll spare you all the details at this point. If you need more information, let me know.

The judge in my case recently awarded me (the father) with primary physical custody. My ex (the mother) gets to see our son every other weekend and once a week on Wednesdays for a dinner visit. The order states that she must notify me of her intent to exercise the dinner visitation every Monday before 5PM. No notice, no visitation. She missed the first one (no notice at all). I received notice for the second one and she exercised her visitation. This past Monday, she notified me almost an hour late via email. I told her she was late; she told me she was not and then forwarded me a second notice which was LAST WEEK's notification with the date-stamp changed. She didn't even bother to change the actual time she sent it, only the date. She used this as her proof that she gave notice, even though she clearly sent the original notification at almost 6PM.

I told her that she could not have the visitation. At first, I did consider allowing it, but after thinking about it some more, realized that there was a reason the judge put that into the order (I didn't ask for it). My ex is frequently late (even to court), can't hold a job, and generally isn't a very responsible person. The judge has said this multiple times in court. So, I think the judge was trying to hold her responsible for this Wednesday visitation by giving her an extra step in the process.

Onto my actual question: What happens if my ex shows up today to pick up our son and I do not let him go? I believe I'm within my rights to say no, but I'll admit that I'm concerned my ex might bring the police over to my house to enforce the court order that states she has our son every Wednesday evening. I could obviously tell the police that she didn't give me notice until almost 6PM, but she'll likely argue that she did send it earlier and so, unless the police are going to actually look at the email thread, who are they going to believe? I would just like to know what to expect if this should happen. If it's likely that the police will let her take our son in this instance, I'll probably just let him go with her to avoid the stress that it would cause for our son to be involved in such an experience.

Thanks for your time. ]]> Child Custody and Visitation abmez80 http://www.expertlaw.com/forums/showthread.php?t=141278 http://www.expertlaw.com/forums/showthread.php?t=141277&goto=newpost Wed, 16 May 2012 13:27:02 GMT My question involves landlord-tenant law in the State of: FL My friend and her roommate leased a property, they are both on the lease agreement that... My question involves landlord-tenant law in the State of: FL
My friend and her roommate leased a property, they are both on the lease agreement that was supposed to start on november 2011. The roommate bailed out on her and left without notice, my friend is stuck with the whole rent, and she is afraid the landlord will make her responsible for the whole rent, she is afraid that if no paid in full the landlord will evict her and possible sue her for future months. Upon inspection on the lease agreement, the landlord and/or landlord's attorney wrote that the lease agreement is to be from november 2011 to november 2011. Does this mean that legally according to the document the lease agreement ended after the first month of being there and my friend is no longer liable if she decides to move out. what are the consequences of this mistake on the contract made by the landlord? ]]> Renting and Moving In Zulu01 http://www.expertlaw.com/forums/showthread.php?t=141277 http://www.expertlaw.com/forums/showthread.php?t=141276&goto=newpost Wed, 16 May 2012 04:01:22 GMT My question involves collection proceedings in the State of: michigan can a collector really do this by phne without actually speaking or talking... My question involves collection proceedings in the State of: michigan can a collector really do this by phne without actually speaking or talking you and say you have now been served. only leaving a voice mail ]]> Debts and Collections mrjahvi http://www.expertlaw.com/forums/showthread.php?t=141276 http://www.expertlaw.com/forums/showthread.php?t=141274&goto=newpost Tue, 15 May 2012 19:36:41 GMT My question involves small claims court in the state of: Georgia

I'm considering taking action on a person who was arrested and indicted for Attempted Burglary on my residence.

The Facts

The defendant retained a rapacious, well-connected defense attorney who filed a motion for additional discovery on my property. Although the motion was substantiated by no legal authority whatsoever, it was granted by the superior court judge nonetheless.

I retained an attorney and spent thousands to insist on a written court order with specificity and to have him present during the discovery. In the end, against my wishes, the defendant was allowed to plea out to the lesser charge of criminal trespass.

Questions

1. Can I recover the legal fees in magistrate court?

2 If so, should I send a demand letter to the defendant first?

3. Is it possible to get a Change of Venue? (Obviously, I have solid reasons to believe the county/judicial district at issue is less than equitable or just).

Thank you! ]]> Small Claims Court sartec http://www.expertlaw.com/forums/showthread.php?t=141274 http://www.expertlaw.com/forums/showthread.php?t=141272&goto=newpost Tue, 15 May 2012 16:33:27 GMT My question involves child abuse or neglect in the State of: CA

Okay, I don't really know if this qualifies as neglect. I see it as more an issue of poor parenting, but am not really sure.

On Sunday (Mother's Day) I was visiting my mother, when a 5 year old child entered the home through an open garage door. She asked me if I had any candy. I told her no, and that she should never enter a stranger's home. Then using poor judgement, I sent her away. The child returned about 15 minutes later again asking if I had any candy for her. At this point I decided to walk her home. Turned out she lived down the street and around the corner.

Upon arrival, I observed her sister (11-13 yo) hanging out on the front porch. Her grandmother eventually came out. I told her what happened and she was horrified and embarassed. Considering the circumstance, I understood her reaction.

To my dismay, when I went back to my mother's house yesterday, I again saw this same 5 year old wandering around. The child was clothed, her hair was kept and she appeared to be fed properly. I don't think they are neglecting this child, only failing to properly supervise her.

I don't know what, if anything, I should do about this. It makes me sick to think of what could happen to this child. My mom's neighborhood it not the best. There is a meth dealer next door and a pot dealer across the street. Though I'm confident the dealers would never hurt the child, I'm not so confident about their clients. Not to mention the obvious dangers should she step foot of the curb. I haven't even checked the Megan's Law registry for my mom's neighborhood.

I'm visiting my mother again this afternoon and am hoping not to see this child. It bothers me to think that if something were to happen to her, I could have done something to try to prevent it. ]]> Abuse and Neglect NYI310 http://www.expertlaw.com/forums/showthread.php?t=141272 http://www.expertlaw.com/forums/showthread.php?t=141271&goto=newpost Tue, 15 May 2012 15:54:46 GMT My question involves criminal law for the state of: Arlington Georgia My father purchased a pair of hiking boots for me, when I was 13 to go on a... My question involves criminal law for the state of: Arlington Georgia

My father purchased a pair of hiking boots for me, when I was 13 to go on a camp regulated trip for about a month. They cost about 200 dollars brand new, yet a few years have passed and they have become warn/used--yet are still wearable.

I plan to go out into my families Forest preserve on my mothers side Can I legally take them,(without his consent) since they where "gifted" to me under the age of 18? Or is it a luxury item? ]]> Criminal Charges Mike101 http://www.expertlaw.com/forums/showthread.php?t=141271 http://www.expertlaw.com/forums/showthread.php?t=141270&goto=newpost Tue, 15 May 2012 14:55:43 GMT My question involves criminal law for the state of: Texas My son was arrested for possession of marijuana and paraphernalia (a pipe) in the glove... My question involves criminal law for the state of: Texas

My son was arrested for possession of marijuana and paraphernalia (a pipe) in the glove compartment of his car, his freshman year in college. He was at a park playing basketball, and since the car was parked by the curb at the park, he was facing felony charges. We hired an attorney and were able to obtain adjudication with 60 hours of community service, a drug awareness class, and we made him work to pay us back for the attorney and the paraphernalia fine.
Fast forward to this past fall (four years later), almost the same scenario. This time, he was arrested as a passenger in someone else’s vehicle with under 2 oz. of marijuana in the middle console. The person he was riding with was a co-worker who was pulled over for not signaling, while they were driving to a nearby fast food restaurant for lunch. The reason for searching the car is a bit sketchy, but it's commonplace in this particular city - pulled over, under 25; they will search the car. Thus far, no charges have been filed by the County. My son seems convinced that since he was not doing anything wrong, “didn’t even know it was in the car!”, that he does not need an attorney. His plan is to just explain everything to the judge. I’m not convinced this a good idea.
Question – With adjudication the first time around, will this be considered a second offense? If so, what kind of sentence could he be looking at for a second offense? I would like to have more information in the hopes of convincing him, he really needs an attorney - even if he didn't do anything wrong. ]]> Criminal Charges tiff1212 http://www.expertlaw.com/forums/showthread.php?t=141270 http://www.expertlaw.com/forums/showthread.php?t=141269&goto=newpost Tue, 15 May 2012 14:37:21 GMT My question involves vehicle registration or title in the state of: Texas My dad will turn 80 in a few years and I want to find his old race car... My question involves vehicle registration or title in the state of: Texas

My dad will turn 80 in a few years and I want to find his old race car for his birthday. All I have is basic visual detail of the car ... no VIN, no plate #, no subsequent owners. My only hope is that it is the only car like it purchased new in Southeast TX.

Does a database, whether electronic or hard copies, exist to search Texas registrations from 1957? Companies that specialize in this? Is it possible to check driving records for tickets (and I'm sure he got more than a few from racing!) that might include a plate number? Any other ideas to get to the ultimate info ... the VIN?

Thanks,
Mike Bonin ]]> Vehicle Registration and Title mikelbonin http://www.expertlaw.com/forums/showthread.php?t=141269 http://www.expertlaw.com/forums/showthread.php?t=141268&goto=newpost Tue, 15 May 2012 14:34:37 GMT My question involves a mortgage in the state of: Ohio I own a second note on a property that is going into foreclosure. The primary note holder... My question involves a mortgage in the state of: Ohio
I own a second note on a property that is going into foreclosure. The primary note holder offered me a very small payoff to settle the note. If I don't accept this payoff, can they cut me out of the process all together or should I take the money and run? ]]> Real Estate Finance Ozlowe http://www.expertlaw.com/forums/showthread.php?t=141268 http://www.expertlaw.com/forums/showthread.php?t=141267&goto=newpost Tue, 15 May 2012 14:22:26 GMT My question involves a traffic citation from the state of: Virginia I am renting a condominium. Usually there are 2 parking spots for each... My question involves a traffic citation from the state of: Virginia

I am renting a condominium. Usually there are 2 parking spots for each apartment but there are not reserved or anything. I usually take whichever spot I get and I don't mind walking a few steps.
Now that I have a broken ankle and I am unable to walk I would need a spot very close to the entrance. It is physically exhausting for me to walk a greater distance and it is also rather dangerous because I could slip and fall. I am getting a temporary handicap parking sign from the DMV that will be good thru 10-31-12.

Do I have a chance of getting a reserved parking spot closer to my entrance? Are there any laws I can relay on or would it be just my bad luck? Btw there are no handicap parking sports at all in front if my building. ]]> Living in the Rental Unit kathak http://www.expertlaw.com/forums/showthread.php?t=141267