Ask An Attorney - Learn To Love Her

Yeah they Hill Man Morning Show on demand. Only saw the pin on your schedule at WAS. Dot com. As a public service in the great tradition that exists on the show. That was begun by asking doctor or ask an escort. We are now ready for ask an attorney and we welcome to the studio is very good friend of ours. Legend Larry army junior attorney at law nice to see you. You are you ready. I'm always ready okay good to see you guys it's good seat and wait too long since I've been in this studio what would this cost and our workers it was a free consultations with our free consultations. Now I'm hoping and they're just sign here we'll talk about the amount after weak side that length of the problem I'm hoping that during the interview we don't hear an ambulance siren because and when you're gonna go to QB JBJ. Too busy trying to sign Al via the back in the boxing you have to pass. Com 617. This will be argued that text messages I got in your month. I got an email when I mentioned the U communion so let me just over the scene now. In its would with regards to aid divorce. Husband and I are divorcing. He is demanding a provision in the divorce settlement agreement. That says I cannot have sex with anyone else and till our son is eight teens. Which is thirteen years from now. Is it reasonable to. Is that first of all I mean really that's what that's what I'm pretty Joseph we know are they getting a double. Music control issues is that. Kind of she wants to know if that kind of thing in common is is it something that is I mean in a divorce agreement. The parties agreed anything is their legality bullet point. I mean the end of the day you can agreed to do just about anything disagreement is contract. Having said that I'm pretty sure that that would not be enforceable OK I think it I think we have some issues with the Massachusetts in the United States constitution that. Catchall provision in the pursuit of life. Liberty and happiness and that is the house X prize is that that's the happiness for a yes or so that would be the kind of thing where she might. She might agree width. Bites. Is it wouldn't be lake enforceable he couldn't take the kidnappers that kind of thing that should let her know she made the right decision OK I'm. I. Joyce and the way to make our goal whereas instead take 200 dollars a month off the child support he's trying to. For a you know that yeah I don't I'm a trial. Let's see Bible a text Larry my driveway isn't easement from our neighbor can I remove trees can I can I remove trees on. You can remove trees which I cannot do is prevent somebody from passing over that he's out at block. OK okay clean of you can clean and you can block of you gotta edgy on the street because many years ago I had a tree case some. On those trees are worth a lot of money can tell it's not get a good old are Everest than you're gonna make some money and I tell you had a very expert arbor is that an expert the command yes right now actually statute in Massachusetts on cutting their country Lilly yes what what's the what's strict liability not today. 781 tax my employer does random hair blood test that. If I get a medical marijuana license and I in the clear from any termination. Should I get asked that. You know what question would you solid question yet these are good questions this should have been 945. What do you think about that that large changing. Couple years back yes today no but depends on the job you know for example if you're going to be a police officer. Pretty sure that I can have you smoke and we yeah and carrying guns out there. The the short answer there is yes and typical lawyer answer yeah but this is it like. With regard to it you're DJ and A half if you smoke politely but you can't. What if you're kidding I'm not a medical if you're getting the medical if this if the state is saying here you go here's your eat your located the medical use it. Could your employer still. Fire you if it shows up in drug testing should is that something you should clear with the your employer before doing it. Probably. Is that something you might want to have a conversation with your player vote but okay they're one of the problems with medical marijuana is it. You know the medical marijuana the real medical marijuana doesn't necessarily have to get your high right. So you can take the medical marijuana to take it right stuffing and not locked around McLeod. I'm not that I know anything about that. While. You alimony payments and this is rob. During ask an attorney hello rob. Don't good you got a question for attorney army. I do. My mother would have been living properties for about ten years she's non subsidized housing which is only supposed to be 30% of her income for her rent and housing take care of the rest. Over the past few years they've been raising it. I'm quite a bit to know her portion is over 60% of current monthly income what are her mind. Options on how does seek out help thwart adjust this year learning disabilities into cold. Arms so let's start with this story if if one of the questions that I would have that as a share housing authority from state. This year Saxony housing it's backed by the federal government is it is that they rank controlled properties property where she just as a radio landlord. We need it we need to get a little bit more information help mobile or what I will tell you is is a great resource for people that are looking for help I'll let there be pro Bono or press help finding a lawyer quite frankly. And that's the Massachusetts bar association. NBA dot com masks are you can call them they're located in downtown Boston. Now and they'll help you out with a referral and a popular with turned matchup but somebody. That might do they handle comparable basis. 774 attacks. Me and my ex fiance had broken up she won't let me see our dogs even though they are registered to both of us. From what. It's LB when he left Vienna. All these are important day to day you don't want first of all. Over there her about how sort of the apartment grab your nuts on ever perhaps yeah western hate Paulson met those dark. A sin I'm going to yourself here he wants seven dodge. And as you go get some guards. Doubted how does that you know custody stuff work I have actually had a trial. On a divorce case. And the only issue was who is gonna get the dog really that doesn't choose to and that went we went out who's gonna get the kids yeah particular Fatah figure out who that you couldn't pick. I I think it can happen a lot of cases is that it does that hey it's so what what ended up who got the mom judge did a fantastic job followed my advice and gave the dog to the kids so whatever how's the kids rat. And dogs yeah. I hear. The real goal earlier exit that's a great is already there is there any of them. Is there any longer though on on. So if your married its its property of the merits so subject to Nazis generalized too late. Which says property distributions property even wanna notables but they're not married but it but if it's it's it is the most bizarre thing Eric. Our aid you can have the kids but I want to darn well I. Tell you from experience a lot of parents love their pets more than their kids moon were a lot more difficult to 802 Texas you not against Vermont and through. My employer just hit me with a a 900 dollar bill for health insurance they forgot to deduct it starting this year. He wants to set up a payment plan to pay its. Is he allowed a charge me for that after ports. You know Greg. These listeners viewers and their their. They have a lot of problems yeah. What I would say I have an irony is are we safe to get a lot of employment contract bouquet you know if the employer made him if I mean in the states one of my people I eat I eat the mistake OK just me. Yeah technically he's probably have to pay the money he's but I he has the insurance via via yeah let's go to Garrett is the the outside. Let's see this it is speech. David look David. All right well Tom I worry about it and it's quick and sort. My waist so that it the other girls or grow in dumb she secures all. She is now the privacy so her mother want to take parental control that a court. Meeting in my son was notified but they sent his own all of them which he does he faced south support it and you want to be in the course Secretary Clinton approach to never saw an earlier time a neat so I don't know what. Touched and you do. Well it's the natural parent. So he's on the burst again and he sent a voluntary acknowledgment of paternity. You should be going to court found an action under. Masters dislodge the custody of that child. Corps would have fine he's unfit as a parent. For them to give the guardianship to grant. Or at least they're saying perk they're both unfair. It had access but also time there when she you know cost or whatever my son beside sort of immediate you know since they're but you don't loan that he. You know Eddie. Actually now and so that doesn't sort as scarlet course detector beside. Now. Natural parent wins assuming that there they're not around 617. Texts. If you are a business owner in a home owner prior to marriage. You get to keep that in divorce green. Legitimate way it sounds like you're doing now oh this this individual is wondering if because they owned their business and their home prior to now considering divorce. Is there anything that allows them. Keep that so the good news Greg is Massachusetts is what's called equitable distribution state. So we don't look at what's can be brought to the marriage we go look at what they accumulated during we look at the whole pool beginning middle and end. Equity is another term for fairness a lot of the judges in the masters is probate courts. If it was not a really long term marriage of two year marriage house for ten years before that you can be navigate your house and hands away. If you have 25 year marriage in new house for three years before the marriage. You lose in the house is gone let me get a look at it's kind of scratches like every if the guy like that that he's got him and I'm confident that he picked that accurately islands. I'm all right well this is ask an attorney off and Larry army junior is a good friend of the show and his here and we're gonna do this from time to time in the great tradition of asking outscored ask the doctor and I think their final offer. We're gonna do ask a smoke attorneys of you know when he S attorneys. The gets and that way what is a smoker I don't like a beautiful tell you that was most talented yet it was that it just a handsome attorney out what we've got to take care about it today you're here for goalies. Eight next time it will be for the policy. 978 tax I had a ten and at what bill. Move out without notice that means there's no leaks right techno looks on posited the image. What is this statute of limitations on that and to live a case without any kind of release her contract the Tennessee it will still tendencies so the if if you had pictures and proof of the condition of the property before and you can show that they destroyed afterwards you've probably have a claim against them and housing court. Nine so many text married 37 years graduates. Don't congratulations yet would alimony still be awarded in the divorce. 37 you imagine they want an all peaking at the pay alimony. I the identities of the current 35 of those here's what's the answer on the answer is it depends on income and it depends on if you have a greater income seniors bows. Your spouse has a need for some of that income. You are in Massachusetts you're paying alimony. Hi this guy or woman just decided they're not getting a divorce and you know Greg the best advice I ever gain in to a client. And to lover learned just weren't hot here isn't disseminate text how does the cleanup work and what do they typically costs. Screen apps are contract and a husband and wife you have to have full and final and fair disclosure of each and every one of your assets that you bring into the marriage has to be reviewed by turning that some separation between the date of your wedding and the date of execution. Depending on your asset pool depending on the complexity. Of year interest it could be is as low as when he 500 dollars it could be as high as 50000 dollars. It's a contract it's unique to each individual so it's something that typically has to be drafted. From scratch some of these I really wanna get the back story on like this tech says if a worker is the 401 text from Rhode Island. If they worker loses his finger. While working for my business based on a stupid action on his part and I held responsible. Well you'll held responsible. But she'll work is confident going to have to claim against that and you will pay a higher premiums because he will get money for that finger even if the person does something that's really stupid he wasn't they are working it would have happened. Is another work related one I recently. Was fired from my job as a convenience store clerk. And they are now telling me. That I all of them 500. Dollars. For items that they believe I stole all working there. Can't we're gonna file this under there's more of the story. I can tell you when you're leaving a job that you owe them. The money. I I guess they tell you anything they want I guess they'll create a bit but you OS-X days are being drawn. What back there would have the it would have to pay it argues that can read it I mean look go to court and prove it prove I stole in my experience people don't fire you for stealing Russian convenience store in the state have you red handed on videotape era so my advice paid the money avoid the criminal charges. Do non compete agreements holed up in the state of Massachusetts. And once the employer changes your original page agreement. Non competes are a case by case basis they have to be reasonable they have to be geographically limited to an area that the business was doing business and and they have to be limited in scope of time you can't have a lifetime non compete so it has to be served their time as well. Having said that if you have all those things in this that you need for it I've seen courts up hold on hold them up. I've also seen what streak and a do you recommend that somebody sizes and non compete I mean look I mean if you tell me it's not about borrowing from slavery yeah so I don't somebody watch you better not bigger and higher area what are the fact that Massachusetts is a right to work state. Doesn't that often play into these non compete things that they you know that you can't theoretically be prohibited from getting jobs it's really a balance between that. You hit the issue on the head Greg verses the other side of it part time lawyer over here yeah I know it SI. I know. On the other side of the equation you know protecting a business of the business has a new for example app that they can put out and in this proprietary information. They need to make sure that they are taking you. And new gonna put you in a competitors' stores are the gonna be some protection to the employer as well so again case by case basis needs to be real protection in needs to be a real need for. Let's see. Ask an attorney questions 774 attacks today is. I last day of law school any advice. I thought that was stumped me I have advised by entering a world of pain yeah. I I'd like it's please go to corporate America with a lot of very is an employer 774 attacks for asking attorney. Is an employer legally able to start overtime at 45 dollars. New. That's so big and oh capital letters there that's as long as you're an hourly employee of theories salary and there is no there is no others though overtime ball on the ice demanding user. Literally keeping an overtime let's salary I fatigue basket and for overtime reviewed. Oddly enough he can't started 45 it's legally that forty correct that is correct in it also depends on the amount of hours you work day is well and the way things are going these countries in the B 25 if you were more than 25 hours a week he you know. I rights. It's we have time for one of two quick point if mice 617 texted my sister and I inherited property from my mother. Does my wife have the legal right to take a third of it from me and my sister if I divorce. She has the right to take 25%. Of the envoys have what you are just eat half of a half of the half of that half of that yeah. She got married to your sister now she is but even though is inherited from the mother for the for the size and the wife is still entitled to half of that not only that. Not only that. There's there is a a case to case line in this state that says you're not only entitled to the inheritance that you actually get. But it expectation on parents so mr. hill's worth a million dollars and mrs. hill wants to divorce you knowing that money's coming in and she doesn't have parents are having a state. Could potentially be America last sacred ejected into what could appeal marital asset that is provided for in the future like if somebody's. If somebody like this person says they're thinking about a divorce but there's going to be a big inheritance comment. As. Should they get the divorce on immediately before the inheritance. It's a. Half I know it's outrageous that's how they're recording only fitting live and let them like three times that just remember Massachusetts. You know the key statement and I'm finger quoting here and they're deep. Percent of my day wanting to all of your listeners is the reason that divorce is expensive. The veto that reason is now it's worth it its. Product followed Timothy. Good you're on the Framingham forward studio lying during asking attorney what's your question. I'll wonder the service industry if you shot a wouldn't you what shots site can import your either reduce sir Alec they are not pay off for. Travel time. Are you coming from home to work are you leaving the op this week to a job. Paid my friend easy get paid for that yet they're trying to say that ultimately just the way they taught us. They try to say they don't pay for the time it takes to drive from the shop to the job. Yeah it's about a hey yeah but your. You're on the clock near buses ferries America unlike LB are on the clock time. I'm here I don't know apartment block where we're up against the clock but I think this has been very helpful statement outlining the next twenty minutes I thought about why he would have charged a thousand bucks for twenty minutes in Europe almost shot. We'll do this again that our love to all right that is asking attorney here on the Hill Man Morning Show live Seoul area junior.