Ask An Attorney - Alimony

Yeah they Hill Man Morning Show on demand. And more I'm always online pin on your schedule at WAS. Dot com. Need some legal advice I promise you a big cash settled. My fear is that because I need some free legal advice. It's time for ask those lawyer on the Hill Man Morning Show. Time out welcome our in house counsel Larry army junior into the studio for ask a lawyer and asking attorney whatever it is and you're free legal advice and you can tax the Wii is the you'll were questioned right now or you can call. With your question right now. Counselor nice counselor. It's nice that nice that he's counselor barrister Esquire with what you want about that denies that you good morning can you weigh in real quick that we had a discussion earlier about judge Phillippe. And Mike Hsu was not a fan of LB suggestion that judges here in the commonwealth. Become elected anyway and on that. I can't first of all I agree with mr. if you really yankees now elected judges is a recipe for it is that why well think about it you gonna have. Pac money in those races you. Certain people they can afford to fund campaigns in those races and right to be able to get their friends off. When it comes as they have contributed early curtailing that politics doesn't exist well what I cigarettes it does exist of course but when it comes at a judicial process. What a lot of people don't understand is the process to become a judge. A big part of that process is. Behind closed doors meaning nobody knows who the applicants are when these applicants command they go to the JR Jane see the judicial nominating committee was appointed by the knicks and the governor. At the time in those applications command is known names is no number so there's no way to know we are looking object so the screen process starts off line. And is about four different steps to become injured you get to the judicial nominating committee. And yet to get to the joint venture by coaches are group. Presence of local bar councils and past presidents and yet to get through interviews with the judges chief General Counsel. He JC's General Counsel you have to meet with the governor and lieutenant governor of what you get to all of that and you have to get approved by the the governor's council. Which at this point aren't as one Republican in. At least eight or nine Democrats aren't so we have a balance of powers there I think it's the best system I think it's a system that works you know. You have over a 150 judges in any given day practicing in the Kabul and what does it every two years you hear about a bad decision which of course this was a in that decision down the political part of the judges get a right I think we have a system of putting judges in place. The second and and and you think you're saying that you think they get it right. Most of the time because you have to go on front of them. A quite frequently well except when it comes to contact their hearts. All right which rarely happened this this is Mike on the Framingham boys studio line Mike what's your question for asking attorney. What I'm very morning. And I owed this single fear and we post a message Simpson is now maybe I have made it more common cold in my garage now. It until this is singled him he's so you can't ever rental now. I had a mediator. Working gluten. Of course car. Living with me for a couple years. In the basically came to catch you would be understanding that it you know which whom the board met him in basically and that's close to be less. Now all I had the vote fallen more. Thought we know what let's try and end. She ended up little doll. Now she's sort into the crowd saying that she's looking at all smelled like eight. I ate beef faced with the need legal consequences. Well we don't we start my. Do we start with the fact that you took cash for random sounds like you didn't claimant is that you have attacks issued photo we head to the streets of the building inspector and realize the human illegal in our apartment there eating get permanent should he get. No no don't albeit it's commented. In everything. It's not an illegal apartment. She sold the rental. Was it that was that the funds who was living over the ground and us I believe I put it. Footage it was actually it was under the understanding that it's warmer Bullock. Success. Mark I secret question they. The guy question do it's about what's your advice to them. I mean look you know I I think that. You do have an issue repeated claim that income ones I wouldn't talk where your last name on the show right now. 781 text my wife brought her car to get serviced. And the technician forgot to. Put two of the three lug nuts on after he rotated tires. She about the card act he looked at a second time and they missed it again. And then Cuba to another mechanic. Can he sue for sued for this. It doesn't look like anything happened she did. And accidents like this we're gonna file this Greg under the old you can sue for anything today which I kinda have to have damages or loss peak definitely the images or some guy about the tire fell off that you get a big accident broke a couple of legs now we'd have a different come from his Dresser just know what we're right in the middle of asking attorney there and it's all about the listeners. For just a moment. Hello Ricky. Yes that everybody wants Britney. And so might go pertinent errors baby sixteen month old. Pay and certain there's only that her name on the birth certificate he. What do I adopted my first daughter. Albeit ago. What do I have to do in order to make a little bit Omar. If they're lowering longer record put my name on the part to make her mind it not involve your dog who has. Oh okay he's not involved at all well let me say this let's for starters if you're not the natural father you can knock on the burst yeah so let's just start with that. Having said that if there is a father who's not on the person to get. You certainly can't go in for an adoption and and try adoption proceedings. You're gonna have to find this guy she knows who he is and attempt to give him notice of the hearing. If because if he does come and he's gonna end up paying child support. If they were if there was a child was born out of wedlock doesn't sound like they were married the child support could revert back to the date that the child was born. So we have at least sixteen months accruing a child support typically that's enough to keep a guy that doesn't wanna be I. And yeah. Here is this is near and dear to my heart 617 tax. Our workplace refuses to give us a full hour lunch break out. Can we go to the authorities about that now now now now it's getting at least half are out. Oh it's only half an hour okay yeah yeah that's. Saturday magnets how are you supposed to get a full meal with a soup and appetizers. Don't have kids I mean do it so you're only required to give half and our 215 minute breaks have before is okay that don't pay for that. At a drive through time. Like 1015 minutes and you finally your food and am bridal lunch. Yeah bring your own child. I so you don't have to pay for you don't have to be paid for lunch break now. This is scam on ask an attorney would Larry army junior without him. You can't take coyote actually just wondering my other out about four years ago and he had. I think. He actually had retired and then it. All of his money and like a 401K. And it would laughed so that nobody that they didn't have a wealth and everything but in the probate. And I'm just not sure about how to go well. Didn't. His retirement not that. So if he didn't have the will you can still file probate it's an administration vs. And execution of the well. I have somebody closest next McCain would typically be appointment as administrator or the administrate tricks they're job would be to gather up all of your late father's assets. Figure out if there's any notices of claim. And then paid the funds to this statutory people that are tied to. Or 339 tax my wife got a ticket for not stopping for pedestrian crosswalk. Which was a police officer. I don't do that each this chance that the ticket was mailed her and shells and that is got speeding through. It's a 310. Dollar fine. Should she fight it. Yes she should she shared what do you always threaten our Chad surge. I've always recommending a fight speeding tickets from what it sounds like here. The police and other bad day. And my ID I'm close to hitting a quote what I what I suspect happened here is is that as she drove away he took out his little notepad pen and wrote down places number. It's gonna be tough to prove who's driving that car yeah he didn't pull over and take relations. I should something happen for five months ago I think you wanna bookcase. I'm in Roche dot com Greg. It's. Been. Let's see my boyfriend was arrested of Dana can you back that up these messages coming in fast and furious furious here this morning everybody loves good legal advice Seattle for oil like free legal guys they might be better for its Larry my pre. My boyfriend was arrested for a it's been two years Cynthia license. When can he expect to hear about getting him back. Well you should appeal in a minute if he was found not guilty. I imagine that he did want two things either didn't take the breathalyzer and lost to her six month period. Or he's got a terrible driving wreckage and yet his suspension for habitual offenders you can't appeal those things to the registry should somebody be pulled over for that do you recommend that they refused the breathalyzer and in any case these celebrities that look you don't have that had any alcohol and when he for a period of time you should take your breath while they take the breathalyzer if you haven't had any alcohol and in that to mean. Any time you've had more than one makes strange you know and how much is the important strings. And a woman had to. Cocky sombrero as a whatever they're called these days. It was a Kitty Dukakis nonstop action if there are five parliament that. He had to get a tapes she had the receipts there's two cocktails that she had. Driving home that night she crossed the line by about a foot back corner and struck a little old lady airbag deployed killed little Ohno now two drinks later SharePoint on top. And she only had two drinks and that you just don't know point oh wait is that is a little is the limit for this woman did a year in jail really honest and yeah okay mandatory now. The point is is that if you had more than one. You just don't know what's in those streaks are more people are very heavy pork Iberia Weisel different. Yeah Larry I don't have it before in my hands at exactly the guys just get I know I saw the elder and younger all. Inside his thanks again they are carefully measured out slicker customers. That's our existence of the ones yeah just monogram disappear. Recent point oh it's. Eight LB that is. This is Johnny on ask an attorney with attorney our in house counsel Larry army junior died Johnny. Greg on the life out of the senate by use struck a year ago when he saw the model not the sole male RT. On the final fours so coveted for 36000 miles. To go out there want your. So this model. They sold you an additional warranty. And you didn't need it because Ford still covered okay anything they can do about that caveat emptor is Latin say a grand. Well I am I anywhere. He has no record of its latest hit those awards he's won at the end of the factory warranty semen on the Czech language of that. Other than that you do your research where you buy things go see my friend Arthur at Framingham Ford yes you're right he will take care view he is the best. The little Leah. All I was I felt my own when would he hit a crouch behind it and not account yeah. Yeah and they're supposed to get secular or turn eighteen. And you can try ringing at my house. And put it in some sort of backtrack so now it won't get it right turn it appeared that he. Exactly well. Tens whose name the initial funds weren't if they were in his name and your name is joint tennis and you know likely probably taken out and do whatever he wants to. I think people look it's free money this it's healthy and it doesn't all remind my. And not for nothing you're gonna get an idea and kind of humor you're a mom and not. Now I'm actually not get it has some very. Well apparently. Alone he's having more. Here is an outlet for his money began that actually evolved out of the money money now would inherit the darker purpose go through. It's subsidies slept between my other hand and I I'd. And he aren't tricked my grandmother into signing over him and he I'll let you know a lot of millions of dollars. We talk about these things that I more than that the relevant facts come out so if this was shut out was done prior to his death that he changed it and his grandmother who actually need to change that and she would have been the one you had a little contest on you're arguing that. She made a change based on him causing her to arrests are undue influence. You had a little contest you probably don't have one right now the span you know as long as it seems like it's. Good question will soon good question for this time of year does that company legally have to have air conditioning in the work truck. It's by the window. All the window. In the house about. The it's I just spot gap insurance on a used car is that a good thing divide up to 71 tax. Mean look it if you rolled in an old car in you've purchased a car that's worth 101000. And now because of roll and you have a loan thirteen 141000. Probably a good idea. If you buy a car that's worth 101000 dollars you put 3000 dollars down not a good idea case by case basis gap insurance. Pays off if you totally car. In the first you know however many months of the year equities there. I figure it can't be waste and here's a 77. Vortex. Could you elaborate on your experience with a spouse filing third divorce. From a severe alcoholic slash addict. Who has worked in years why should they owe them any alimony. I mean there's so many things I can say about this one the next couple. Well that's his stick quietly about I a case. That's a great question. The answer is you live in the state that. Doesn't wanna take care of people so if we can take care people through things like alimony and that's what we'll do. You married there you stayed whether evidently quite along time knowing that she had a substance abuse issue. Probably contributed in some way as the enable it to that. Nine on making judgments here sound secure with this person an awful lot of time if you're worried about paying alimony so it doesn't matter what the circumstances I'd and as we've said in the past Massachusetts's impeccable state when it comes the probate and family locked. So equity is another word for fairness. There are situations that you would use that as a mitigating factor against alimony. Again remember this. Alcoholism has been defined now as a medical disease so somebody's in treatment for that disease it's tough to use that disease against them in terms of arguments like alimony and here's a tax the ex wife wants to move the kids an hour and a half away. Is that okay is there any restriction on where she can go. So it's out of the state it is out of the Commonwealth of Massachusetts it would be removal case you'd have to plead that and her divorce filing or petition for removal after the fact. If it's in this state we had a case couple years back and it's easy verses in the states or I'm sorry Al tomorrow vs Al Amara excuse me. And that case was a woman who wanted to move from Auburn to born. It was in the Commonwealth of Massachusetts but it was about two hours away so the court in that case treated in in state move. As a removal so typically the rule is if you moving out of the state. Even if it's you know forty minutes out of the statements are removal usually McConnell but there are cases. Where born to Auburn has been seen as a removal by the appeals court I work for a company 617 tax. Who's moving across the country. The severance package policies used to be said that if the company moves your position more than thirty miles away you're eligible for severance. Now they're saying that since everybody is moving they have taken down the severance policy and they're not going to be handing out to everyone that legal. So it depends on if that's a contractual. Something is contractually given to you. That it's an employee handbook it could be deemed is contractually human do you. You that's a question that there especially his multiple people in the company that are affected. You might wanna speak to returning. If these more than I think it's 1213 you could potentially a class action as well. You're listening to ask an attorney with our in house counsel Larry army junior here's a 781 tax from a grandparent. Can you talk about grandparents having rights to visit kids. After a divorce if they say that you can't see your grandchildren. So Massachusetts is one of the states that actually does acknowledge grant parents rights really yes now for a grandparent to file for some kind of visitation or custody. There's really two vehicles. The first would be through guardianship if you believe that the parents are unfit that's obviously the extreme. Secondly is a grant park Akron apparent petition for visitation. Some of the things you have to show. Excuse me is that the children had an ongoing relationship with the grandparents during the course of the child's life. And the second thing is it was a meaningful relationship and it's in the best interest of the child to continue. If you have a child that has custody of the child that year that grip parent of and you can see the child through that. Through that avenue you're not gonna probably get craft our hesitations. This is. David on the Framingham Ford's deal line hello David. So you're on asking attorney it is. AL one of my friend's mother passed away about two years ago. His brother and sister role model will that she had a stroke. Is there any statue of limitations. On one he he had a lawyer the lawyer had done nothing for the first year. Plot line so you know I don't like. It's a tough thing given advice to people that have lawyers. You because you've got to assume that most lawyers. We hope that most lawyers know what they're doing in this world outdated the probate process is slow process I will tell you that there is a vehicle. Boy your friend to challenge that changed the oil. I'll tell you that if this woman had a stroke and she wasn't of sound mind and body after the will change. You know the you'd certainly have an avenue for your friend. If I file for bankruptcy do I have to pay my student loans that is disseminate one texts student loans typically are non discharge double from Jack December bankruptcy really because that's that's that's kind of the presumption that their non discharge of and obviously why wouldn't they be here and if you think about it if you go to college you get 150000 dollars were the debt. You'll the next day you have any income so the ball within the income caps. Because you make over certain amount of money you don't qualify for chapter seven why wouldn't every kid in the world. Out in the I don't know I would well there's some people that are products that that would that would try to acknowledge that that's the only he's going to discuss I mean likable and honest that's not a very honest and a so you really can't get out of that by filing what have access that if you special hardship there are ways to get out paying those student loans under chapter seven bankruptcy and here it is chain hello chain. And they don't what's the looking much like that all old kind of weird question sold about a day early September. We look so far and out. In my body beat me you thought fight like and was ordered telephone. Without a fight in the Obama. And I rather suspect that a well all right so you don't know that the footage on your phone OK yeah. Yeah so calm with this stupid do but I mean you know we're dark so we took video bomb. So there's an investigation done a fighter wants to I picked a fight became attempted murder by what nobody expected by. So they use my own as edited the video. Arm and the police they took my phone and they let that that the president evidence locker. Work for about a grand jury and so did my other friend. And now we just pretty much told the more we saw. Com and send the detectives told me that read that day they told that I would be to get Michael back very soon. But I haven't hey they let you edit the look a year later now it's that you could go get it all back. And do you think you'll get this phone back so you should get your phone back. Typically they got away you north to the grand jury which music they were looking for the indictment which sounds like they received. So you're not gonna be your fall back into the case is complete and mostly has the appeals period has expired. So by the time you do get your home back we're going to be on the iPhone point. Larry are teaching here is our guest always expressed an attorney has been great this morning. Did you happen here are interviewing Michael brook and the the thirty year old man who was. Now being trying to sue his parents to stay in his home. Here the it's that came. And we discuss that on the show recently as this tool allocated to public school. I have a quick your mom. Previous caller. Before. Hi guys got to get an iPhone he's never gotten back I don't Cornell hasn't been a wonderful. That all right Larry I killed. My pleasure to always a pleasure I and that's Larry army from army and Roche are being approached outcome of the offices in Boston was there I'd Boston and was there and that is asking attorney.