Iowa Recent Legal Answers from Lawyers

Not per se.  Is there any contract, either individual or union, that mandates equal treatment or some such?  If not, and if the discriminatory compensation wasn't based on some statutorily forbidden factor, such as race, religion, gender, etc., the owner of hte business can generally give bonuses to whomever they want.  If the person giving the bonuses is not the sole owner, he/she may have breached a duty to the other owners by using the business's assets to benefit her own family at the expense of the other owners, but I don't see any duty to the other employees to treat them the same as her family.... Read Answer

A conviction for domestic assault would severely impact your chances of ever immigrating to the US. I suggest that you get a good lawyer to defend you against the charge. You should also ensure that you do not violate a protection order as that would have the same effect. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You should consult with a workers' compensation attorney as soon as possible.  There are notice and statute of limitations deadlines on your claim.  You will likely need to file a petition to enforce your rights under the workers' compensation laws, but an attorney woudl need more details to be able to help you.     I would be happy to discuss your options with you.   Donna Miller http://donnamiller-law.com/ dmiller@mzelaw.com  ... Read Answer

Unfortunately, the court does not have the jurisdiction or ability to modify a divorce decree's provisions about division of property (money).  If there were never any QDROs filed (to split the retirement funds), then they will not be split and you will be paid all of your retirement.  If the decree reads that you each owe the other some amount, you could file satisfactions of judgment to resolve that issue.     Donna Miller http://donnamiller-law.com/... Read Answer

It is not possible.  Upon the baby's birth, you have custody.  If he is on the birth certificate, he also has custody.  He has to file with the court to deprive you of custody after the birth, and there would be a hearing.     Donna Miller http://donnamiller-law.com/... Read Answer

There's no way of knowing whether the promissory note itself will be enough evidence without knowing what, if any, defense the debtor will assert.  Often the promissory note itself is enough, but if, for example, the debtor asserts that they didn't sign the note, you would need evidence (from a handwriting expert usually) that the signature is heirs.  If the debtor claims that she was not of age when she signed the note, you would need evidence of her true age.  And so on.  The note is certainly a sufficient basis to start a lawsuit, except that the debt may have been wiped out in bankruptcy. You say that this person filed bankruptcy after signing the promissory note, but then you seem to distinguish between her bankruptcy and her "personal" obligation, implying that the bankruptcy wasn't personal.  If the bankruptcy was for a separate entity, a corporation for example, and not the debtor personally, it would not wipe out the note, but if she personally filed bankruptcy, it almost certainly would. With limited exceptions, such as debts arising out of drunk driving, student loans, debts incurred by fraud, etc., a bankruptcy filing wipes out all debts listed in the bankruptcy petition.  The creditors receive any payments, full or partial, from the bankruptcy estate, based on the payment plan ordered (in a ch. 13 or ch. 11) or based on the sale and pro rata distribution of the debtor's non-exempt assets (in a ch. 7).  Unsecured creditors, such as yourself, would come behind secured creditors and priority claims. If you obtain a judgment, you may be able to collect even if the debtor has no income, by forcing the sale of any assets and having the debt satisfied from the proceeds.  However, you are probably correct that you would not have recourse to any of her husband's income or assets.... Read Answer

Generally speaking, the process for a US citizen applying for wife and son under the age of 21 and unmarried would take approximately a year. As you are a US citizen, I remind you that you must apply for your son under a separate I-130 petition unless he is already a US citizen by virtue of your having been physically present in the US or its outlying possessions for five years of which two were after the age of 14 prior to the child's birth.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You will need to serve your spouse with the Original Notice, Petition, and Family Law Case Requirements order.  The sheriff can do the service, or you can have your spouse sign a document confirming that he/she received the documents.     We do offer a flat rate for uncontested divorces without children for $1,200.   Donna Miller https://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

If there is a custody order in place, you have to follow that or you are in violation of the order.  If there is no order, technically you can move with your daughter, but that could cause problems.  The best course is to get a custody order before you move.  This can take awhile, so I would recommend filing as soon as possible.  The new state would not have jurisdiction over the child until she has lived there for 6 months, so if the mother is unhappy with the move, she can file for custody here and you would have to participate in the case here.  So, it is best to get it worked out pre-move.  An attorney may be able to help you speed things up if there are exceptional circumstances for a quick decision.     Donna Miller https://www.grefesidney.com/our-team/donna-miller/... Read Answer

Kelly,    I will respond to both of your questions.  Without more detail, it is hard to know how long a custody agreement will take.  If they can agree, it would take no more than a month to get an agreement approved by the court.  They would need to both take a Children in the Middle Course and submit financial information to the court.  If they do not agree, it could take up to 9 months to finalize.  He could ask for a temporary order to see the children, which could take 1-3 months.   Similarly, it is very hard to know how much visitation he would get with the children if they cannot agree to a schedule.  The minimum tends to be every other weekend and one evening a week, but that depends on their ages and where the parents live.   To get more concrete information, he would need to consult with an attorney and provide them with the details of his case.    Donna 515-245-4300 https://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

She can ask for the contact information for the work comp carrier, provide written notice to HR/supervisor of her injury and request for medical treatment, or just go for examination herself and report to the doctor that the condition is related to work.     Donna Miller Grefe & Sidney, PLC 51-245-4300... Read Answer

You would need to challenge the default decree that orders you to sign the quit claim deed.  Your ability to do this would depend on how long it has been since the default/decree was entered and whether you have a good basis to set it aside.  You should contact an attorney to see if you have any basis to set aside the default decree.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

If your ex is not following the divorce decree, you can file for contempt in court and ask the court to order her to put you back on.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

There is an emergency process to ask the court for very quick hearing.  You would need to file this in the county where the children are currently located.  Unfortunately, I do not believe there are any pro se forms for this process, so you would need to do your own or consult an attorney.  This is a statute that may apply (depending on the facts of your case): https://www.legis.iowa.gov/docs/code/598B.204.pdf     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

The split is usually covered by the statute which provides a formula for each parent and the child's responsibility.  Generally, each person is responsible for 1/3 of state college tuition and expenses, less scholarships, etc. and child's income.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

Unfortunately, as much as this may hurt the husband, there is no legal basis for a lawsuit based on these facts.    DONNA R. MILLER   Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

If she has not complied with the agreement/court order, you can file in court to ask that she be ordered to comply.  As I do not know all of the facts, I cannot tell you what the outcome would be of your request to the court.     Donna Miller 515-245-4300 dmiller@grefesidney.com  ... Read Answer

You can see if your lawyer is licensed by searching at this website:  https://www.iacourtcommissions.org/SearchLawyer.do If you are unhappy with your lawyer, you can also search the Iowa State Bar Association's website for an attonrey who practices in workers' compensation in your area:  https://www.iowafindalawyer.com/   I would be happy to talk to you if you have further questions.     Donna Miller 51-245-4300 dmiller@grefesidney.com    ... Read Answer

We offer a flat-fee divorce for $1,500 plus court costs if you and your husband agree on all terms.     If that is too much, there are forms you can use to do it yourself:  https://www.iowacourts.gov/for-the-public/court-forms/   Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer