Nevada Recent Legal Answers from Lawyers

OPT postgrad only requires that an individual work 20 hours a week in a field related to the schooling. I see nothing wrong with your being able to prove the 20 hours a week through your paychecks. I note that most paychecks have another part that shows the number of hours worked. Such would also help although it is not necessary as long as the rate of pay per hour is known.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 do not mention whether this is for an adult or a minor, but either way, while there are technical requirements, it is not particularly complex work.  Feel free to call if you wish, or if you wish to attempt to do this yourself, consider looking at the Family Court Self-Help Center site, http://www.familylawselfhelpcenter.org/self-help.... Read More

Pensions go by many different titles (annuities, retirement benefits, "401(k)s," etc.)  Most union plans are "qualified" meaning that what you need is an enforcmeent order called a "QDRO" (Qualified Domestic Relations Order), to enforce the award made in your divorce decree.  For background, see the material posted here.  To ask specific questions to see how to get the necessary order in place and enforced, please speak with our QDRO staff, which yoiu can reach at 702-438-4100.... Read More

In a consular interview, you can explain the situation of your overstay to an officer who will determine as a matter of discretion whether he or she will give you a B-2 visa. Dependent upon the reason and your credibility as seen by the consular officer, the visa may or may not be given.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

The short answer to the question you asked is "no."  You don't provide some significant details (like the actual time share for the child between you and your ex, or how often is "once in a while"), but (1) you are entitled to live your life and associate/date with whoever you please, presuming no danger is being created for the child; and (2) it is generally considered a good thing for grandparents and other relatives to have some opportunity to spend time with and develop a close association with a child (again, presuming there is nothing about those relatives that is a danger to the child).  If you are not gone so much that an objective observer would have concerns of abandonment of the child, it shoiuld not be a concern.  That said, if your decree includes a "right of first refusal" (you do not say so), then your ex should be given the opportunity to take the child if you are gone for whatever the triggering amount of time might be (typically 4 hours to one day); much depends on the terms of the current court order.  But your ex does not get to control your social life.... Read More

Probably nothing.  A contract which can't be fulfilled within a year is required to be in writing.  Sometimes you can avoid this rule by showing that you acted in reliance on the promise in some way that can't be attributed to anything other than the promise you claim, but remaining in the same job almost certainly wouldn't qualify.... Read More

Instructions for how to apply for a Lebanon police clearance (judiciary police record) for your wife in the Philippines is contained in the Foreign Affairs Manual. The excerpt is below:   For those residing outside Lebanon, the request must be processed through Lebanese embassies/consulates, but applicants may experience extremely long waiting periods before they receive the document, or may not receive them at all. The "Judiciary Police Record" may also be requested through a lawyer having a power of attorney from the individual authorizing the request. The "Judiciary Police Record" presented by an individual does not mean that the individual is clear. It just states that "this person does not have any court sentence against him". I hope the information helps. 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

Not nearly enough facts for a coherent answer.  The kids should not be "on the lease," but perhaps the meaning of your statement is unclear.  If the reality of custody/visitation does not match the paperwork, then what you need is a return to court to clarify the court orders.  And yes, the child support orders stand until they are modified.... Read More

Your question is too vague to be answered properly.  Any physical custody order should have secondary custody/visitation terms set out in it.  If the orders in place are really so deficient that there is no provision for your contact with the kids, then you need to get back to court and seek a custody/visitation order.  If you do not know what to do or how to do it, you really need to consult with a family law specialist.... Read More

With limited exceptions, an unconditional gift (i.e. I give you the phone absolutely w/o any conditions v. giving you the phone "as long as you keep your g.p.a. above 3.0" or "as long as we are together") is irrevocable.  The main exceptions are gifts given in contemplation of marriage, and gifts given in contemplation of death (i.e. I give you my house believing that I'm about to die from a gunshot, but the doctors save me). ... Read More

Like so many things in law, "it depends."  As to back rent, yes, if both of you were living there, you are both liable for any arrearage, and the court should enforce a claim by you for half the back rent -- if you litigated it in the case, or file a motion for it now.  You say he was your "ex," implying that there is a court order of some sort affecting status -- did the court make any orders as to who is responsible for what going forward?  If not, could you file a motion to amend the order to get a little help with the payments?  As a matter of contract law, the landlord can chase either lease signatory for the rent, but as a practical matter landlords will look to whoever is living somewhere to pay for it.  You may be able to renegotiate, shorten, or cancel the lease if you can't afford to live there any longer.... Read More

Unclear from your question is whether your arrears have been reduced to judgment, how old the kids are, who has lived with whom for how long, etc. -- those are the things that would determine the answers to the questions you ask.  Presuming you are owed money, you might end up with an "offset judgment" through which the money owed to you is used to "pay" whateveer you are owed, until it is exhausted.  You probably should consult with a family law specialist, however, as it sounds like there are several layers to your problem, and all the facts are not clear.... Read More

There are several answers, depending on the level of conflict and some of the surrounding facts. No, she "can't just refuse."  Well, she can, but that choice tends to incur consequences.  Are you in the court system?  Is there any kind of order?  Sounds like she is in and you are out of the house.  In that context, presuming no court involvement, Metro will do a "keep the peace" standby site visit if necessary while you remove your clothing, etc.  But they generally do not let folks walk out with furniture.  If you HAVE been to court and have an order saying that stuff is yours to take, the cops will generally stand by while you walk it out, if that is really required. If you can't get cooperation, that is why there is a family court -- get a court order, and then enforce it.  If unsure, consult a family law specialist versed in how to get things done.... Read More

Yoiu don't indicate where you are in the court process, but the system is set up to require each party to submit a "Financial Disclosure Form" -- with back-up documentation -- showing income from which support is determined.  If you are not in court, ask for salary/wage information informally; if you can't get cooperation, file a motion.  For information on how child support is determined, and the current presumptive maximums and other information, see here.... Read More

It is unclear what orders are in place, or where they were entered.  If the order was entered in CA, and a parent and the child still lives there, any court action relating to custody would have to be filed in CA.  The jurisdictional explanation can be reviewed in "The Basics of Family Law Litigation," posted on our Published Works page, here.  As a general matter, the available options would appear to be for the other parent to seek a change of custody, or for a third party (i.e., you) to seek guardianship, or even to adopt the child.  First figure out what state you have to file in and then confer with a family law specialist in that place to go over your options.... Read More

If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read More

Both what happened and the reasons for it are a little unclear.  It is also not clear what, precisely, you want to achieve.  If the Decree really was issued over a year ago (in 2016), the time for appeal has long since passed.  Obviously, a new motion to alter the custody orders could be filed at any time if there is a signficiant change in circumstances, and if the change is in the children's best interest.  The actual statutory factors, and a lot of other information, is posted here.... Read More

It is unclear what is meant by "joint divorce," but under Nevada law if there is an order for primary physical custody the other parent pays support; if there is joint custody (meaning 60/40 or closer timeshare), then the support obligations offset.  For details, see the explanation and materials here.... Read More

It's not entirely clear what you are asking.  Yes, a postnuptial agreement can include a spousal waiver of rights to assets, including retirement and survivorship interests.  See "The Risks and Rewards of Postnuptial Agreements" and other resources posted here.  As to "will not be contested," it just isn't clear what you mean -- now?  Later?  In some future divorce?  It might be easier to call during regular business hours and ask such preliminary questions of a member of the attorney staff.... Read More

There is no way to estimate the cost of a proceeding from those few facts.  If entirely uncontested, it could be as little as the filing fees and you could get the paperwork through the self-help center without paying an attorney at all.  See here.  Obviously, there could be a lot more in the way of complications (debts, property, perhaps pensions, to distribute, requiring QDROs, issues of alimony, perhaps other matters not obvious from the question).  If you have some preliminary questions, feel free to call any time during regular business hours and a member of the attorney staff can try to answer them.... Read More