Iowa Recent Legal Answers from Lawyers

If this is still an issue (not sure if she has returned yet), you can file to enforce your court order in Iowa.  Or, most states have emergency laws that allow a court in the state where the child is to have jurisdiction to address the matter to get the child back to Iowa.     Donna Miller Grefe & Sidney, PLC www.grefesidney.com 515-245-4300... Read More

While generally holding yourselves out as married and filing joint tax returns, joint bank accounts, etc. will demonstrate a common law marriage (different or same sex), I highly recommend you get a marriage license and get married ot make it formal, if you want the legal rights/obligations of married people.     Congratulations!   Donna Miller Grefe & Sidney, PLC515-245-4300... Read More

You would have a 60 day grace period to leave the United States given the fact that the employer would have ended your job a full 2 years before the ending date of your H-1B petition. U.S.C.I.S. believes that under the circumstances, you can use the time to find another position, change status, or leave the U. S. 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 More

You can always "interview" new attorneys.  Be sure to tell the new attorney why you are unhappy with how your current attorney is handling your case so that they can tell you whether and how they would handle things differently.  It is best to make any change as far in advance of trial as possible, to give everyone time to prepare.     Good luck!   Donna Miller http://www.grefesidney.com/our-team/donna-miller/ 515-245-4300... Read More

You can always "interview" other attorneys.  It is best to do this well before your trial date so they have time to prepare. Be forthright about why you are unhappy with your current attorney so that the new attorney is aware of your expectations and can honestly tell you whether he/she would handle your case differently.    Good luck! Donna Miller http://www.grefesidney.com/our-team/donna-miller/ 515-245-4300... Read More

The determination about whether to change the alimony amount is based on more than just income, so it it is not guaranteed that a judge would agree to his request.  It also matters why he lost his job and what the future looks like for his income.  The decree is very new and judges are reluctant to make changes very soon after a decree is entered.  So, you should talk to an attorney about all of the facts to find out if you should agree to a reduction, and if so, how much.  It may be worth fighting. Most attorneys will consult with you on an hourly basis.     Good luck!   Donna Miller Grefe & Sidney 515-245-4300    ... Read More

You should have been notified of a hearing or had an opportunity to file objections with the court.  That was the time to allow you to present evidence that Shane was not dangerous to the children.  If the judge believes that it is not in the children's best interest to be around him, the judge can order that.   Donna Miller Grefe & Sidney 515-245-4300... Read More

It is difficult to get sole legal and physical custody, but you have a good argument for it based on the drug use and protective order.  If you do not get full custody, you may be able to have any visits supervised with someone of your choosing.   Donna Miller Grefe & Sidney 515-245-4300... Read More

This is standard language for an agreement.  It means that he must be paid up - for years prior as well as the January payment by the end of January to take the deduction.  There may be some leeway if the balance of the January payment was to be made with the first February paycheck, but otherwise the balance should be $0 to take the deductoin.    Donna Miller Grefe & Sidney 515-245-4300... Read More

Any modification of the decree must be approved by the court to be enforceable.  Thus, if you both come to agreement, you can submit a stipulation with the changes to the court for approval.  If you both don't agree, then you need to file a petition for modification.  I recommend having an attorney look over anything you file with the court.  Some attorneys willl agree just to bill you to review documents.     Donna Miller Grefe & Sidney 515-245-4300... Read More

The statute of limitations for your claim is three years from the last weekly payment for your condition.  That deadline is for weekly benefits and impairment.  Your right to medical care for your condition does not expire.     I would need more information - when was the last payment, did they pay you for an impairment (did they get a rating -- a percentage number from the doctor)?  You probably have options that you should explore with an attorney as soon as possible.     Donna Miller www.Grefesidney.com 515-245-4300  ... Read More

You can still file as long as the children are younger than 18.     You would need to talk to an attorney about all of the facts of your case.  It is difficult to provide an opinion on your chances from just a few facts.  The court will look at what is in the best interest of the child(ren) to make a decision.     Donna Miller Grefe & Sidney, PLC 515-245-4300... Read More

Your daughter (or you on her behalf, if she is a minor) can sue the bus company, but because it may be owned by a municipality, there may be additional procedural hurdles and time constraints on the suit.  I don't know the exact requirements in Iowa, but you may have only a short time to file a notice of your claim before your suit is barred.  Additionally, there may be statutes which exempt the municpality from liability for negligence, so that you would have to show more than that (i.e. gross negligence or recklessness) to win.  I would recommend that you consult an Iowa attorney as soon as possible.... Read More

Linda,    Is the insurance company treating your claim as an Iowa claim?     It sounds like you have a lot of issues.  If you want to discuss, you can call me at 515-245-4300.     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 More

Breget,  If you were not divorced in California, and you have been in Iowa for more than a year, you can file for divorce in Iowa.   If you want to do this yourself, you can find assistance for pro se filings:  http://www.iowacourts.gov/For_the_Public/Representing_Yourself_in_Court/DivorceFamily_Law/Forms/index.asp If you want assistance, our firm offers a flat-fee divorce with no children for $1,500 plus court costs.  Call if you are interested.   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 More

Jill,  Unfortunately, grandparents do not have a right to visitation in the state of Iowa.  If you daughter does not want you to see them, the court will not issue an order to the contrary.    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 More