Ask an Attorney - Just Found out I'm a Dad

Wednesday, June 20th

Need some legal advice but can’t afford it? Call into the Hillman morning show and see if our resident attorney, Larry Army can’t help you.  Find out the one family legal issue that scares Larry.

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

Yeah they Hill Man Morning Show on demand. Always. Pinned on your schedule at WAS. Dot com. But interests and legal advice I promise you. I'm big cash settled that enforce them free legal advice might he is 50%. An attorney. Time now for asking attorney. We needed our own in house counsel Larry army junior who is in day to pass that suit. Let me smoke in a limit must be something going on well we are off to the septic county courthouse after this all defending a criminal today all allegedly strangle hold signs criminal ledger won I love to tell us anything about the case I can tell you it's actually crazy case yet listeners may be just witness okay so I representing young man who's traveling salesman from New York. He comes up to and and allegedly at 1:30 in the morning he's walking back to lose hotel. Where demand is walking acts are man is lucky man lacking somewhere when a woman looks and sees them and allegedly following okay. So we fast or about five minutes later she enters the vestibule of her building yes opens the door getting ready to go in and somebody grabs her and the in the buttocks in the buttocks. Region. In the buttocks region she turns around and allegedly my client or man smiles that are and walks away from the best meal and then leaves and at least okay. Nothing happens okay three days later my client. Goes to a bar. And dale hall and bartender. Sees them and it says that's the guy who's in the vestibule who grabbed. The early there the woman with a bartender at the allegedly yes yes that as my guys laces and credit card which he takes history Kohler writes on the information. Weights three more days. They caused the please might I guess arrested for indecent assault and battery is looking at being. On the sexual registry you're kidding I am not opinion and he's been here in there and he lives in new York and York and the heat is on our I bracelet. So the gods but bracelet what are whatever the case of mistaken I think that which is what my client I'm screaming telling us that. A bracelet people driving on the white rhino with sixteen TV the crazy I try to get off the bracelet and the jets wouldn't let it happen and others got lost his job beast in New York plot coming up the records are six the parent needs this new era yet it is that the new. To hash tag yeah. Accurately define that turns out we should do what are poll. Oh maybe we should grow. My nose at people we put up a guilty or not portable. And let us assume people click. I. Brian is up first this morning during ask an attorney for illegal advice was our in house counsel. And Brian you're on the premium for a studio line what's up Brian. Guys learning all right. Thank you let's. Are actually my extra burden and it. See you posting ornaments. And selling it and we hit the event what's the what I'm asking for help me. She actually put it down now because she got our card wrecked it and so you that you then she doing it in her apartment that is important and that might sound a little. And I think you don't seem nervous and they really debate tomorrow. How much. The I wish you know the guys are the Miami Joseph personally. So you're one and I bet there's another very well on the green on the blog site don't. What it says it like it did meet on the port web site yeah and it says helped him round. And will lead out. Okay celebrating its way are you you don't want. Are you wondering if you can get custody because of this. We'll be a championship and I'm wondering if you get hurt and pain that might work out and be a restaurant or. Soliciting prostitution. Okay well it sounds like you tried to turn a hole into a housewife as sons aren't that. Good and I'm sorry to say that. Yeah I let she sounds to me like she's a prostitute. Eyes and so is do you believe that he could get full custody of endangering the child by and pay a lot what. He should've done immediately contacted departments at children's and we down the youngest child at risk yeah I will tell you that if my children were in a house where the baby mama. Was making portals with strange views that she bound and actually Madison. I would have my kids what time you would there's no question about that the way that should go that is the way that you're on. I hear they shocking how many. Help me pay my rent campaign there are on go find me right now really yeah or what is lying about yeah got to find it funny when do you think it's shocking. A college girls go to Vegas for bird spring break. Mountain with with rich dudes to pay their tuition fight I mean his ninth that many texts. I am and cry after a line. At sea change. Can IAEA cannot use a lyrics from a song on assign or is that copyright infringement. You can not use any copyrighted songs. For advertisement purposes website any of those things without the express written permission of the publisher and I will tell you this I had this. Happen on numerous occasions it it's a it's songs and pictures even now people off the Internet there are companies literally they go out there. And searched the Internet and prosecute these claims ya Archos that dance studios from using. Songs in their dance classes in a commercial basis all the way to web sites so that is something you wanna stay away from. Now does that only if you're making money while using this on the photo or ability to promote. If you wanted to promote even if your even if you're not specifically making money and that and correct now what are your making a school book cover. Out of a a grocery bag and he puts on their content your favorite local. And is that okay that's probably the primary this is Donald. On asset attorney hi Donald up. Good morning. Hey so ten years ago I had he has surgery. And over the past two and a half my team's been getting increasingly worse. Six months the Dalai file and I did some research I went back to the hospital have a surgery and I find out the name and the company that made the match it was called. Oh the match don't there's a massive losses yet so I'll do what he say about that showed typically you have a statute limitations issue three years for negligent claims are tort claims in six years for Carter and spot. There is an exception called the discovery rule if you weren't able to understand or uncover the issue then you statue of limitations could potentially told a year and a half ago when you figure this out. The issue is going to be did they try to send you notice of the defects. It is a strict liability issue because it's potentially product liability issue. My advice is you definitely need to speak to an attorney to ferret all the so you may have a case there for malpractice and more product liability. Married 21 years. Kids are all grown up we make about the same salary MI still going to be stuck paying. I'll be out of the Boris Boris carpet before but I just get ready to lose half a blowout yeah. I guess that you know I'll be kudos to you because you really hit that fan mail him yet and haven't learned there's now talk like you know I'll be expected verdict and death in their doesn't deal well. He's probably not gonna have to pay child's border alimony by. Property distribution is fair game you know typically 5050 but Massachusetts is an equitable distribution state. So you could pay more equal pay less so you gotta pace something because. She has her own salary. He's doctor at the pay alimony for it what he's saying is true that they're making the same amount of money yeah it's not a now case 71 text. My husband is police officer we have two children we have yet to medical well is it necessary. A we have just one earnings etc. He said I can be held liable for later on if if there if there's money owed it so happens to him should their should there be a well. The show always BO special and had kids yeah on this is up and I think we talked about a couple weeks ago. The biggest thing for for me anyways having young children with a well is picking who do you want to be their guardian if something happens to you and husband simultaneously. You also wanna make sure that you have a will to. Really detail. A where do you want your state to go to what that state looks like. In when you're doing a will there's other documents he should do at the same time health care proxy the durable power of attorney says something happens year call Mario stroke. Somebody can pay the bills and make the decision is needed to continue and do people really exclude. People from wills or is that just in the movies all know that happens often really in more and more with children in the east. Is it they so there'll anyway as the warehouse that could it so they actually explode in San wanna give anything that do nothing. As kid in my I've told both of my daughters and less they have a college degree now they're not connected and they're unpopular. Thing total. Other than son refused to Wear his dad's number for the last like on a start up outlined his career. Hurt did he cut out of the you know that's that that's an athlete you go subject. Asking for an hour. Listen to cute performs well apparently this ball no problem he's in the eighties in the well. Let's see this it is. Frank on the Framingham boards studio line during ask an attorney you're on little area army junior tough break. There are too much. I my course is that another topic here but consider your site what it's a term that I'm on the not a bit. Oh OK in a company vehicle driving to the site should he be paid for that it depends. It has a couple things if you start at work in nine your hours are nine to five year at the job at nine. If you're leaving your house at 8 o'clock to get to work in nine your boss is nice enough to give you a free truck with free insurance and free gas. Just say thank you to do this and Eric I that is appreciated yeah I can tell it is a lot of good legal questions here but there's a lot of people. China gets. On the right I bless you all the hustle and as a high samaritan American if the American consul. Three if I have this is 617 Texan by ever revoked global trust together with my life that we get divorced is that re vote global trust on a medically revoked. Asking for frank he says. It. Outlook has that the trust language says but I will tell you this are both public trust by definition is provoke a bullet just about any time. So it need to look at just document to make sure about that but yes the the one thing I will tell you is that over the past couple years has been some changes in the divorce losses were talked about a lot of the voice that I. And they are now cases where if you put together an irrevocable trust. Those are not going to be considered assets that will be distributed during the marriage so while your rich men and women out there. London. Water. My sons Oklahoma second sorry. Com. That question. There was one about the oh yours. I have a sobriety clause in my divorce agreement. Due out at happen. That lawyer I guess dupe the league's do police departments do random breath the wiser tests if not. What are my other options if she ever decides to actually sent me for tests. Well I would say year best option is to contact. Someplace like I'd care hospital and get some help because if you're talking about. How can I not get caught drinking and had my kids you have a problem yeah. And your wife can call me your ex wife can call will be happy to help her. This calls it at all I don't I mean we're being real here I don't ask don't visit Israel Leon yes Leah. Let's see. I have sole legal and physical custom custody in my voice were twelve and fourteen however their father has visitation. And has not surrounded parental rights. My question is that they're ages twelve and fourteen do they have any say in what happens to them or where they will live. If I were to die unexpectedly. Now no. I mean let's let's look at it this way if you kids don't want say hey mom I wanna. I wanna smoke weed today. Unocal Adam 12 year olds can't make lifetime decisions you know and and this is something that we deal with an awful lot. When can my kids decide they don't wanna see the other spouse in a divorce. Now a that's really not a conversation you need to have and having that conversation you need pick pocketed some professionals helping kids. Be the real answer is you know pew children are mature in doing well in school there's sixteen or so plus or minus an age. Then they're gonna make the decision whether or not they wanna go see the parent. This is asking attorney at 851. My employer this is a 303. Text Daniel. My employer of ten years. Wants to use GPS on my phone to track mileage on my car for IRS reporting is this an invasion of privacy. I wouldn't call it an invasion of privacy I would say that it's a little bit and usual. But then to wanna have access to your personal phone out his company found you know no problems at all out of your mine boss. But I would say this more and more companies are looking for ways to save money and ensure that there accounting is proper so you see a lot more on this has a great one. My high school senior. Is dating a freshman. Well we know is is going to ages seventeen and fourteen respectively. When the senior turns eighteen what are the legal ramifications you best make sure your child is not having intercourse with a fourteen. Statutory rape and consent is not required because under the age sixteen you can't give consent in this state. So they are sexually active at any given point. Your son could be arrested for statutory rape and by the way it has happened it has happened it does happen yeah it will. How are I have a question related to that birdie friend don't even think about it what's the age where you get married in the state. So you get B eighteen a BC affiliate team collapse on him as a New Hampshire your fourteen that you can't give consent until you're sixteen hours is wondering it was a different. Eighteen but. You can petition the court to be emancipated earlier than that and you know with the right facts and circumstances you could get married early. Can you back up the text machine Danielle that landlord question it's just right before there the landlord is asking us. Page last month's the last months rants. Of course I'm not going to be able find it now panels and I. And it Imus and all of my second. I'll do not normally look we recently got new neighbors we have a dog that we don't leash because she's fully trained to stay in the yard never wanders that is older and not good with other dogs. Neighbors have two dogs and constantly constantly get loose. And come and our yard if they fight in our yard who is at fault. Who is at fault well. The neighbors obviously neighbors that their documentary I pass OK at that price in their town has a leash Lars well yeah. So the dogs are your property your diet can do whatever they want. Now if it's a two on one in your dog gets hurt you probably have acclaim for the vet bills. My family is demanding that we hey sorry my landlord is demanding that we pay the last month's rent. But in the beginning of the least we paid first. First last and security and she is threatening to evict me and my family. Well the good news views appear at your last month's rent she's not due to a very few with a without a giving you at least fourteen or thirty day notice to quit. Be filing action in the house in court and see going in there getting in order viewed to be removed from the property which all that takes a minimum. 45 to ninety days so sick try to collect I would pay the last and so I don't pay it now you meet at the ordinary paid. Gas and that light Georgia last month get ready to move out. And then be prepared for the battle over your security deposit because it on the sound of it you're not getting that back without speaking of landlords federally tax none of the windows in our apartment open there all but closed landlord says he's not responsible is this legal. I think that if you contact your local board of health they may have something different Italian and it capped at two points in the grass too yeah a lot of them in a window typically is an analyst at first yeah. Buyers keep something like that. Usually to eat grasses front door back yeah. Oh and yet we are an eye adjusts it's our people leaves you would be on the fourteenth story I grab a latter and how to paint sort of window open. I'm mean did you change. A cool when you chose to move into a place that the windows don't buy the equipment that. If I have three weeks of earned vacation time. And I leave my employer do they have to legally pay me for those three weeks they do they do they are required to do that. I didn't even know what three weeks. That's. And that looks like every Friday and Monday and it's you got up his other vacation you'll you'll only got three weeks. Is it legal to rent a house to paying tenants. If the house has no plumbing vents whatsoever. Is it legal is it legal rent a house via the tenants who we're gonna pay you and that has no events plumbing that's yes well. This is highlight the law school. Have no idea what the plumbing event. Yeah what are your like you Greg I stay away from improved the plumbing van goes up to the top of the house like that you need one yeah and I know that the reason that they happiness of the fumes that toxic fumes don't come back LD months five and has been they nontoxic am I gay I would say in that situation you wanna call this the town of the city's building department building inspector born Al. Yup. Before you rent out you might wanna get tactics. If you're probably yours you're asleep at the wheel. On the house is built without permits and there's no there has got to. Again yeah. I like the slow bleed Greg. Everybody loved everybody what's. Palin to have a great question that you I'm so important company trash company right and all the data and it. I'm glad I could sense we we aren't vacation time and we all picked out vacation on a calendar so when it comes to town to pick up vacation our company. Hold back I hope I hate our vacation they don't pay has that week. About vacation and the whole bit by anniversary date that it at least got a good job of that against a lot. Know that it's necessarily against the allied you know that when you work you have to get paid for example if you're terminated at the pay on that date for everything your owed. It's an unusual question is certainly an unusual policy. I would wanna look at your contract if you have one in the Plame annual you know and they told you that we're gonna give you three weeks vacation and you start you can take it any time you those three weeks on the state. You probably stuck with that his contract but it's just it's our usual. Fisher. Attorney army what time are you required to be at Suffolk. Susan Suffolk Superior Court. District courts that would be required by actually not the district avatar jobless the boss in his book of Boston in downtown formula and on LB knows the location of record messages. As court opens at nine starts right okay so you get another ten minutes or so listeners just because there's a lot of questions we will continue we ask an attorney next. You can see the Foo Fighters. And way and party weighted the Red Sox foundation on the sand Dak if you are and AAF email subscribers in this is only. For AAF email subscribers so sign up. For the female by Tuesday night. And watch for the email on Wednesday June 27. The find out how to enter. Is it WA AF dot com slash email if you are already signed up your party set. That's WA AF dot com slash email and it is 905. And we are in the middle of asking attorney with the art in house counsel free legal advice for you. From Larry army junior and this is Mike on the Framingham ports deal line what's going on Mike. Mike. Is Michael listening to the radio and not listening to this on my goodness it. I listened to radio I'll try to come back. Mike Mike you missed your opportunity there that's why we tell you turn the radio down here's another might pull a Mike. Hey Mike what's going. Believe mr. Larry what crime went. Through our landlord to grow larger role our foreign bachelor. And I question his son had a misdemeanor that was dismissed eleven years ago. My altercation and they're fighting will be able to get him or not. Yeah. That's a tough one Q is pretty strict that the border is LB knows we did. You guys in ought to be honest it's trial and there are five what I would say to you if you do you why you're not getting it. True story troussier. But I'm Canadian site I can get him. By the true story when you get to the border it's about attitudes. And treating. The border official respectfully him and he he might you'll break from what is a 5050 shot batters in order worker strip out remark. When I was that is I think that your. Where you have to hang your hat on is the fact you were convicted and it was dismissed so they should not necessarily use that against you but you know we're talking about. Border agents in. Yeah they can do better and they want it it's a pissing contest candidates America America case came out of those are not only Canada no I don't either but I am just sent. You know and a lot you know but a lot of Canadian officials aren't you know too fond of American. Canada has just has just legalized wheat for the whole entire country believe only he only. Only the second country in the world food do so let's pick a little Erica here's a 978 taxed for asking attorney I just found out. That I have a twelve year old daughter that I did not know about. Do I have to pay back child support this is that the one area of family law that gives me the chills. Currently in Massachusetts the I adjudicated a parent of the child born out of wedlock the lot and enables the mother. To go all the way back to the date of birth. And get your child support retroactive to that date on how your only defense if people used to prove even paying along the way. And is unfair is this may sound the logic behind this is that the twelve year old daughter viewers is a minor. And that child support is a benefit of the minor child not of the the ex spouse or the baby mama. So they didn't do anything wrong they should be entitled to the same kind of answers that. The kid sport I'll tell ventured down a degree and advice from this is word Jimmy here's a great lawyer face Collins. Color aren't you have a lot of radiation damages deputy Diego and I can he settle something like I usually can you cannon yeah but it's a that's that's still that's the you hit the jackpot right there. That's on the scares me by Deloitte tax on my daughter is emancipated eighteen this child support stop automatically or do I have to go to court to get it to stop. So in Massachusetts child support stops at eighteen unless. I a year child is principally dependent on the parrot whom he or she does with so they can continue between the ages of 1821 without school. Completely unfair right now yeah and then if your child is enrolled in a full time college or university in which are eating good faith. Just port can be extended to either they graduate college or hit the eight point three. In any event you need to go back to court what I've seen happen a lot of times this is one of those. Pitfall is gonna be aware of it's people in your situation just stop paying because they figure what you figure hey she's legally an adult she knock on college I don't have to pay anymore well that's a bad move. Because it is you're gonna and at the front of the judge on contempt. If it's through the department of revenue you mean usually in particular need to go back to court terminate. It's vacation. This text their works at a place. Where they they direct every everybody when they're going to take their vacation every summer it's the same week and everybody in the company takes him and they shut down. They wanna know if legally they can do that. A lot of companies do this it is legal they can do it especially if they told you about a four Q. In a lot of companies that we can July 4 and then a lot of companies do that the week between Christmas and New Year's yeah I mean look. You your boss knows that nobody does anything during those weeks which is probably a one of those we had there been mandated taking a vacation. So we Spain new year and Pena bill soon give the ivory business 617 tax idea. And the city of Boston find me. For over staying a two hour limit at a meter. If the size image by it doesn't explicitly say there's a two hour limit while I'm guessing that they did find. And the answer is yes they did and they can't and it's an overtime by he usually on the actual meter behind it there's. Most of us usually like in the fine print on the digital Angel hello but I mean you know I'm late for court and I park in the Mir and I get the the twenty dollar ticket for not paying rent meter in and they come back two hours later because I'm still there in the overtime merit. Lost in part in live Woodruff who. Here's the texts what is the best way to get out of the speeding ticket. I honesty. Honestly in the that the best way to get up to idea I mean look you ought to collapse as Steve you know I pulled jewelry you were going ninety you look at him straight agency. Know. You're getting. That he's probably generate ninety plus tickets we go to appeal the court's gonna look at that in you're done yeah. To be honest is beyond that is the best policy honesty is always the best policy and if that doesn't work give us a call. Yeah. And they appear to react or Terry. LB you had a question for Larry. I yeah I I wanted to house because of its social media. And so if you're my lawyer I hire you. And were texting about. My issue. Is there is no rechargeable feet. So I'll take two things about that number one it is protected as attorney client privilege so it's protected under that and number two it depends on your lawyer. I tell all my clients that you have a simple question the next that question yeah and I give you a simple answer rather than you go out and do you think is right and then we have a major problem. So my firm's policy is we don't charge attacks are there. Now there are times when people abuse that as in any situation. That we have to have a conversation about that largest known as the yeah. If I am provoked. And I two days my stepfather who is three times my size two I go to jail low. You know these listeners never cease to me. Michelle looked appeared three times it's bigger than you step by this coming after you. A year in dire fear in his no escape route and t.s of the fact you now. But if he's just provoking you and poke in the there. He's the tease you about. If you're if you write a status on FaceBook about your job. Without stating the company name or anyone who works there. And then you are fired for does the company have the right to do this is again this happens all the time. People go on FaceBook or is the name and they talk about how awful their company is stupid and I mean how do you not know that the people that are paying you. Don't wanna see that you're gonna get fires yeah so yeah you're eight. Most people are employees that will seeking a five for anything and so the right to FaceBook. Is not contained in the constitution and all and that's another point that's not as yeah yeah yeah you tell the president of an icon that he did you push it out you could say that. They may not like that I want to play back to back out hope that there's still probably my brother and like right here free speech yeah or do you make that salary ours. If I'm on the golf course 978 text for asking attorney. If I'm on the golf course. And a guy hits me with a golf ball in the side of the face can I sue him. Errant shot. LB blast one slices one ninety degrees right return. Three people do suit for that but I you know to me it's an assumption of the risk issue. He walking on a golf course you know at any given point in time Balkan come from anywhere. You know. I should yell fore I would imagine yeah the give you some kind of a warning. You know and then again it depends on. The the design of the course there's a lot of things look at their but you know I talked to learn a pill bottle it's right when you're playing golf I'm a manager at a local business. If an employee calls out sick. And I can see on his FaceBook that he is at the beach. Can I fire him do you wanna fire him I guess I mean. Yes I guess you could you could fire for anything that I am lying is good enough reason as any right and to the employee don't be down yeah yeah now iron because he's done. Syria. I. RIX com I think were. We we have it we have an awful lot of great text messages the commander in a segment I got a today. And your helping a lot of people there is some hope so news. Let's see if somebody comes on my property. 820 something year old. To Ding and pitch. To Joseph. To ring the doorbell and then run Ding Dong deals and his appeal I think the old Ding Dong ditch who is. The doorbell and it cannot get them without it in keeper college. If you live in Texas she can't. I'm not not message is not an absentee SIQ I needed to address past you know you could call the police and uterus for trespass yeah yeah they won't do that you can always go down to your local clerks up history district court in filed the complaint. All right. What are the results of the Twitter poll on whether Larry's client is guilty or not before he heads off. The court today. And Greg while she's looking for that can I just say that this Saturday is the festival of hope that my niece rose Warfield has put together just so we talked about last week's this Saturday tended to in the grafting comment. Rain location with a Grafton high school all right our job Rosie get out there and and and and their support and support. According to these votes 57%. To believe that. Attorney armies client is at fault really 43% say no and could have been anyone could have been anyone's guess what. Beyond a reasonable doubt we weigh in who could. Yeah. And I don't know I think a jury trial ladies yeah. Army and I Larry thank you very much appreciate in value this is a wonderful weekend.