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  1. Proserpina

    Job issue that caused asthma attack

    One asthma attack is just not going to meet the requirements for FMLA. What kind of letter is writing? What does she hope to gain?
  2. Proserpina

    No one to talk too. Where's a Public Defender, it's over 72 hrs.

    I have a feeling that there is a difference between reality and what Mom is being told.
  3. Proserpina

    No one to talk too. Where's a Public Defender, it's over 72 hrs.

    It hasn't been a week yet, correct? The truth is there's actually no standard - in some states a felon can be in there for as many as 16 months. There is a bit of helpful information here: http://www.nolo.com/legal-encyclopedia/the-right-speedy-trial.html . There's also this...
  4. Proserpina

    What can I do about my abusive, drug addicted stepson?

    Assuming he's no longer a minor, you can indeed evict him. You'll start with the standard "3 day notice", then you'll have to go ahead with the eviction. You can read here: http://texaslawhelp.org/issues/housing/eviction Good luck - you're in a horrible situation. Having said that...
  5. Proserpina

    Can Alimony be granted after divorce is finalized?

    Alrighty then! Good news for you! He cannot reopen the divorce in order to request alimony. He cannot appeal the order itself. You both AGREED to no alimony. If he wanted to reserve the alimony part of your divorce, he should have done something at the time. He didn't. Game over.
  6. Proserpina

    Can Alimony be granted after divorce is finalized?

    One other thing. The court cannot and will not award a sum that would make you basically bankruptcy. And I have a question. Is he paying child support? When he was earning, was there a large difference in incomes? If yes, on whose side?
  7. Proserpina

    Can Alimony be granted after divorce is finalized?

    Very generally, that would be a great big fat "Nope". - in fact, I'm comfortable saying there's a 99.9 change he will not be successful. The divorce is over - if he didn't request spousal support then, he's not going to get it now. But, I do want to check NM's statutes too.
  8. Proserpina

    Other Debt sued over medical bill

    Fine. I'll add what I wrote earlier. In a simple no-asset Ch.7, generally the debt will be considered discharged. That's only part of the equation though - if the Trustee decides that you deliberately omitted the debt, the creditor will usually be allowed to collect. That's the...
  9. Proserpina

    Other Debt sued over medical bill

    Usually in a simple no-asset Ch.7, an unlisted "I forgot" debt is included in the discharge. But that's only part of the equation. Even with the above circumstance, if the trustee finds that you deliberately omitted the debt it's possible that the creditor will be allowed to collect...
  10. Proserpina

    arrears balance and custody change

    No, seriously - the court will not approve of that order. Now if Dad chooses not to file against Mom, that's fine. But - again - he cannot waive future child support (and for good reason)
  11. Proserpina

    How will assets be divided?

    I think you're going to end up gravely disappointed, and this is just one reason you need to see an attorney. What you're suggesting makes a bit of sense, yes, but Washington state is a bit of a wild-card when it comes to property - in particular when it comes to comingling and when it is...
  12. Proserpina

    arrears balance and custody change

    No, the court is not going to agree to that. A parent cannot legally waive future support - absolutely not.
  13. Proserpina

    My rights have been dissregarded

    Be thankful you're not in Fargo. Now, I've been in the same insurance situation (when I did live in Fargo, oddly enough - and I now live in WA...). There are generally two issues. Was it a failure to provide, or was it actually no insurance? If it's the first, it's an easy fix. If...
  14. Proserpina

    Garnishment student loan forgiveness

    Government loans are virtually impossible to get discharged in bankruptcy.
  15. Proserpina

    I need to expose the bold faced lies of my former employer

    It's legal because they don't have to give you a reason to fire you. You can start reading here: http://lni.wa.gov/WorkplaceRights/Wages/PayReq/PersonnelRec/default.asp
  16. Proserpina

    Removing child from state

    While advising that you should see an attorney is excellent guidance, I'd like to go a little further. The elephant in the room is jurisdiction. If Dad filed in CT, it will be a moot point unless Mom has been gone for an extended period. But if he's filed in MI, it's going to be the...
  17. Proserpina

    Husband Rights To Child -- Is It Legal For Wife To Deny Them?

    Dad needs to file NOW to establish child support, and once he's got the order, he needs to go here https://www.misdu.com/secure/ Why am I getting the distinct feeling that OP is Dad's new spouse? ;)
  18. Proserpina

    I do not want baby, father won't consent to adoption

    Then you know the right thing to do. Anything could happen between and then - take the time now to enjoy your pregnancy and remain as stress free as you possibly can. I came down hard on you, and I know that. But you needed the correct legal info for our lovely State and I...
  19. Proserpina

    I do not want baby, father won't consent to adoption

    They can override his wishes, but unless the child is born of rape or something equally heinous, Dad will be taking the baby home with him if he so chooses. Although on this thread I'm almost cautious of raising that issue.
  20. Proserpina

    I do not want baby, father won't consent to adoption

    Oh yes, yes it can. This is Washington state. Not Texas. Not without Dad's notification, she can't. And given her posts, his actual consent will also be required. The times when adoption was the mother's decision have long since passed. Oh, but Daddy dearest absolutely does...
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