Alaska Recent Legal Answers from Lawyers

You should go with the state where your custody agreement has been made. If you have no custody agreement then the state where the child has lived for the last six months would be the state with jurisdiction. If that state is Alaska, you should receive .20% of his adjusted income. The child support amount is complicated as there can be income that is exempted from the total amount he counts for payment. Your best information for child support would be to go online to the Alaska Child Support website and they have a calculator on the website that can help you determine what you are owed. If you do not have a custody agreement regarding your child then you should have one. Otherwise both parents have the right to equal custody.... Read More

Can I get a divorce without a reason? In Alaska you need have no reason, other than there are irreconcilable differences, to get a divorce. Question Detail: I am really unhappy in my marriage. My partner doesnt seem to mind our relationship, but I just cant be married anymore. Do I have to have a specific reason? What if my partner refuses to sign papers? You do not have to have a specific reason to get a divorce in Alaska. All you have to do is site irreconcilable differences and a divorce can be granted. Your partner does not have to sign papers unless you are doing a dissolution, where both parties agree. If you file for divorce yourself there is nothing he needs to sign. In Alaska it does not matter if one party does want to be married. Anyone can file for a divorce even if the other party does not agree.... Read More

Sorry for the delay in responding to this inquiry. As a general matter, your employer does not have to tolerate behavioral problems in the workplace unless they are due to a "disability." An isolated panic attack brought on by work-related stress will probably not qualify as a "disability." If in doubt, contact an attorney in the geographical area where you are employed.... Read More

The fundamental premise of our system of liability is that you must suffer legally recognized damages -- actual harm -- in order to recover money. You cannot recover to set an example or to benefit someone else. In employment law, generally workers compensation is the employee's sole remedy. ... Read More

As a general matter, your employer may take any steps with respect to your employment, at any time, for any reason or no reason at all. If you had a single "panic attack" that does not constitute a disability, your employer may generally do as it wishes, including terminating your employment.... Read More

Wow that's a tough one. There will be some sort of probate action in each state that real estate was owned. The main question is where to start.  The question of one's legal residence becomes the key issue. If Florida was truly temporary then I would probably start in Alaska and make that the domiciliary estate.  Then I would open ancillary probates in Washington and Florida.  I would suggest you talk to a Florida probate attorney as well as an Alaska probate attorney to determine if there are advantages to starting the probate in one state versus the other. You have a complex situation on your hand. Too bad the decedent didn't have a living trust as that would have saved a lot of trouble here!  Good luck to you.  ... Read More

Alimony or maintenance is ordered where one person foregoes education or employment opportunities in the belief that they are part of a couple that will continue "until death do us part," and that there is value to working for the benefit of the couple at pursuits that advance the couple, not that person's individual future.  So, if one person stays at home, does the laundry, cooks the food, cleans the house, buys the food and clothes, arranges for the repairs to the house and vehicles, etc., and the other party goes out and works as hard as possible, etc., when they split up, the person who was working hard for a pay check, still has a job and decent prospects.  The other person needs to start over.  Keep in mind the eternal truth:  why does a divorce cost so much?  Because it's worth it.... Read More

Minnesota is an equitable distribution state that recognizes the premarital property of the parties as "separate" from their marital property. As a general proposition, each party retains their respective "separate" property in divorce. There are some exceptions to this rule, but that's the general rule. Consult an attorney to discuss the specifics of your case.... Read More

Unless you think this loan was made illegally (which doesn't seem to be the case), then I wouldn't bother with a lawyer and would instead start looking for alternate means of financing. If your loan doesn't come due with a balloon, you might have to stick it out with this loan. Unless your credit has improved, it will be tough to refinance this loan because credit is tighter than ever. If you're having a tough time repaying this loan, I suggest you talk with a not-for-profit consumer credit counselor before heading out to your neighborhood lender, Check out the FTC's site for help.Go to http://www.ftc.gov/bcp/menus/consumer/credit/debt.shtm... Read More

While police often use audio and video to record a controlled purchase of drugs, it is not a requirement. In a controlled buy, the police typically use an informant to set up a drug purchase. They may ask the informant for permission to record a telephone call with the seller setting up the transaction. In many states, recording of conversations is allowed without a wiretap order if one party consents to the call. Just before the transaction is scheduled to take place, police will often meet with the informant to search him or her for drugs and money. They may outfit the informant with a recording device. The informant then conducts the transaction. Usually, he or she will meet with police immediately after the deal to turn over the purchased drugs and any recording that was made. By recording events and searching the informant before the transaction, the prosecution builds a tighter case against the defendant charged with selling the drugs. However, since circumstantial evidence carries the same weight as direct evidence, it is possible for the prosecution to go to trial without audio or video and rely instead on the testimony of the informant (and possibly the police officer who directed his actions). It would then be up to the jury to decide if the informant, and/or police officer is a credible witnesses and whether they have been persuaded beyond a reasonable doubt that the sale took place.... Read More

Since 1996, nine states - Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington - have passed laws providing that patients who use marijuana under their doctor's supervision will not be prosecuted under state laws. To date, federal officials have not challenged the legality of any of those measures. Nor has the federal government successfully prosecuted any doctors for prescribing marijuana to their patients. One federal court has said a physician's right to discuss marijuana therapy with a patient is constitutionally protected. However, there is no lawful way to distribute or fill a prescription for marijuana. The Supreme Court last week heard arguments in a case which will decide whether medical marijuana distributors may use a "medical necessity" defense in federal court if they can prove that their clients are seriously ill and have a legitimate medical need for the substance. It is not expected that the laws allowing the use of marijuana for medical purposes will be overturned. But until the government also allows someone to provide that marijuana, the benefits the laws were meant to convey may be largely illusory.... Read More