Louisiana Recent Legal Answers from Lawyers

No. If you have agreed to a certain amount which he will pay in child support and the court accepts that agreement and makes it an order of the court, that order will be a judgment. At that point the judgment will be binding upon your husband and he will be obligated to pay. If he were to cease payment, he could be found to be in civil contempt and be made to pay the back owed child support, as well as the costs of bringing him to court to enforce the judgment. As well, if the violation of the order is sever enough, the judge at their discression may place him in jail for the contempt. ... Read More

The short answer is, yes. As a party to the alleged criminal activity, with knowledge of your friend's intent to sell the weed, and willingly driving him to do so, you can also be charged with intent to distribute. Under Louisiana Revised Statute 40:966, anyone who is in possession of a schedule I controlled dangerous substance with the intent to distribute it can be charged. As well, under the current case law of State v. Proctor, App. 5 Cir.2005, 901 So.2d 477, 04-1114 (La.App. 5 Cir. 3/29/05) and State v. Tong, Sup.1992, 609 So.2d 822, a driver who takes part in a drug transaction and has knowledge of the drugs in the vehicle may be found to have "constructive possession" of the illicit substances and also be charged with the distribution. Under 40:966, a charge for distribution where, as here, there is a possession of marijuana with an aggregate weight of less than two and one half pounds can result in imprisonment for not less than one year, with a possible maximum of ten years, and a fine of up to fifty thousand dollars. If you have been charged with possession with intent to distribute, it is very important that you obtain legal representation to protect your rights. Do not answer any more questions from law enforcement without an attorney present. If you would like to consult with me further regarding this issue please feel free to set up a free consultation at my office and we can discuss what can be done.... Read More

Hello John, To answer your question, I'll first have to briefly go over a few provisions of Louisiana law regarding the types of divorce and what spouses are entitled to after a judgement of divorce. In Louisiana, there is “fault” and “no fault” divorce. A "no fault" divorce, under Louisiana Civil Code Article 102, requires the spouses to live separate and apart for 180 days if there are no minor children involved, or 365 days if the spouses have children before a divorce judgment may be obtained. These time delays may also be extended if the marriage was entered into as a "covenant marriage". In a no fault divorce, unless a pre-nuptual or post-nuptual agreement is entered into, each spouse is entitled to half of the community property (in short and with some exceptions, the property and assets acquired by both spouses during the marriage) and they have the option of seeking “interim spousal support” (aka “alimony”) during the pendency of the divorce proceedings and/or “final periodic spousal support” after there is a judgment of divorce which will continue thereafter. Spousal support is not guaranteed, is very fact specific, and must be ordered by the court based upon the needs of the supported spouse. In my experience, courts are hesitant to award interim spousal support unless there is a clear necessity of one party and it is exceedingly rare for courts to award final periodic spousal support. Under Louisiana Civil Code Article 113, spousal support may be awarded based upon the needs of the party seeking support, the ability of the other party to pay, and the standard of living of the parties during the marriage. Now with a "fault" divorce, under Louisiana Civil Code Article 103(2), rather than having to wait to obtain the judgment the parties are entitled to an immediate divorce in the event of adultery. This would be the type of divorce filing which you would be looking for under your stated circumstances. With a fault divorce the spouses would still be entitled to half of the community property and interim spousal support may still be granted, but spouses who commit adultery which leads to the breakup of the marriage are not entitled to final spousal support in Louisiana. Unlike the “no fault” divorce in Louisiana, where you just wait the requisite time period to obtain the judgment of divorce, a “fault” divorce alleging infidelity will require a fault hearing wherein evidence and testimony will need to be put on to prove fault, unless she were to acknowledge her infidelity.... Read More

Correct, you pay NOTHING out of pocket and the hired attorney of your choosing will receive compensation in you prevail and have back due beneifts owed to you.  The attorney will be entitled to 25% of your back due and not to exceed $6,000. Attorney Scott F. Bocchio President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com     ... Read More

Yes, but remember that defamation requires a false statement of fact, not opinion.  Something like "he's a slimeball" is an opinion and not actionable.  Also, depending on exactly what statements have been made, you may need to prove actual damages - how these statements cost you money - to succeed on your claim.... Read More

When you ask whether you can claim your brother who has TPS as you are a US citizen, I assume that you are asking whether there is an easy way that he can obtain permanent residence through you. Unfortunately the immigration laws only allow you to apply for him under the F-4 category for siblings of US citizens, and that process from beginning to end usually takes approximately 12 years. During that period of time, he is not allowed to remain in the US just by virtue of your having applied for him. He may wish in the future to explore other avenues of immigration. There is also a good chance that another administration other than that of Mr. Trump will allow a path to residency if not citizenship for those who hold TPS. 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

Have you ever applied for SSDI benefits?  I would certainly entertain the idea and at least see if you may quslify if you were to apply. Our office is able to assist in this process.     Attorney Scott F. Bocchio President Legal Rights Advocates A+ rated BBB Member P 855-254-7841 www.yourlegalrightsadvocates.com    ... Read More

Yes there is a pathway for her to stay here and obtain her green card. Immigration will closely scrutinize her intention of entering the USA to visit rather than to stay with you permanently. That being said, a carefully prepared application packet with copious supporting documents would maximize her chances of success. Counsel anywhere in the US can take your case. ... Read More

Someone who marries a US citizen is considered an immediate relative under US immigration law, and such individuals are allowed to adjust status even if they have overstayed their visas. In your case, the 30 day grace period is recognized as a period of legal stay. But even if you exceeded it before filing for adjustment of status, you would still be eligible for permanent residence. 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

I will assume for purposes of your question that your husband is a US citizen.  A non-blood relative can act as the joint sponsor on the affidavit of support as long as the offer is credible. A typical adjustment of status to permanent residence case filed by a US citizen petitioner takes approximately a year to interview in most district offices of USCIS.. You can file for a work permit if you file the I-485 application to adjust status at the same time that you are filing the I-130 petition for alien relative. If your husband only files the I-130, you cannot apply for employment authorization. Even if you file a concurrent I-130/I-485 application, U.S.C.I.S. is taking approximately 3-8 months to process employment authorization cards. During that time, you would not have employment authorization. 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

Whether you are able to convert your tourist visa to a work permit depends upon your background and the opportunities that you may encounter. You may wish to make an appointment with an immigration lawyer to go over your possibilities.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