Nevada Recent Legal Answers from Lawyers

Your question is too vague to answer -- it is not clear what you are trying to learn.  Normally, "defined contribution" types of accounts like IRAs and 401(k)s are divided by determining the community share by "direct tracing."  You find out what the balance was at the start of the marriage, attribute to that balance a rate of growth during the marriage, and preserve that as the separate property of the owner.  What remains for division is the contributions during the marriage and the growth on those marital contributions.  An explanation of some of those concepts is on the property division and QDRO pages of the main firm website, here, and here, and on the website of our QDRO-drafting division, here.  Feel free to call if you have further questions.... Read More

Maybe.  Not nearly enough information.  What does the order require?  Is there an order?  If the two of you are on the birth certificate as parents, and there is no order, you have joint legal and physical custody under the statutes, and unless there is an order, there is nothing to be "in contempt" of.  Yoiu really should speak with a family law specialist.... Read More

Currently U.S.C.I.S. processing times indicate that the Vermont service center is reaching I-751 cases that were filed in July 2016 and the California service center those filed in June 2016. So it is not surprising that you have not heard anything from U.S.C.I.S. since doing your biometrics. If you wish, you can make an Infopass appointment with the local field office of U.S.C.I.S., explain the situation, and you should be given an I-551 temporary stamp of residence while you are awaiting the adjudication. 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 are the employer, so you can hire or fire at will, but to answer your question, no, not a good reason, because your lawyer is giving you sound legal information.  The rules are such that you can "pre-empt" a judge right at the beginning of the case, before hearings or any orders, but NOT once rulings have been made, except for "cause" which is usually very difficult to establish, and cannot be on the basis of rulings made in the case.  The solution to bad rulings, if there have been bad rulings, is an appeal of those rulings to a higher court, not deciding you want a new judge in the middle of the proceedings.... Read More

There is no real formal means in place to do what you are apparently trying to do.  Perhaps if you contact one of the local Nevada adoption agencies, they will be able to point you toward people or agencies that perform such studies.  Alternatively, ask your CT lawyer what level of detail is required, and attempt to have that information provided more informally, by taking your own pictures, etc.... Read More

I'm sorry your question is not very clear. Assuming you're talking about your primary residence at the time your wife filed for bankruptcy if it was included in the chapter 7 she would have been able to exempt a certain amount of equity in the home at the time as long as her payments were current or she cured any default. I suggest you consult with a bankruptcy attorney.... Read More

The only “magic age” in Nevada custody law is 18, at which time (absent a guardianship for incompetency, etc.), no one has any right to determine where the then-emancipated person can live.  Until then, the wishes of a “child of suitable age and discretion” are one factor that a court must consider when determining a question of contested custody.  For an explanation, links to the relevant statutes, etc., see the materials posted here.... Read More

In Ohio, you can stop a foreclosure by filing bankruptcy up to the sheriff's sale of the property. So, if the sheriff's sale is scheduled for 9:00 AM and you get your bankruptcy filing time-stamped at 8:59 AM the sheriff's sale is void and you can cure the mortgage default through the bankruptcy.... Read More

Youir options would appear to be: to work with your spouse to find someone who can bring the child to school on time every day; to alter the custody schedule so you provide daily transport to school, by modifying the schedule so that you have all school days or otherwise; or to alter the child's school.  The first option requires some coordination and cooperation between you and your ex.  The others will probably require a trip back to court unless the two of you can stipulate to a revised schedule.  You could use the assitance of a knowledgeable family law specialist.... Read More

The $150,000 debt is no obstacle to filing bankruptcy. This may make it easier for you to pay your student loans, which are not dischargeable in bankruptcy (unless you are virtually disabled). The student loan people at the department of education in GC have a number of programs that could make payment easier for you. I think when you wrote the word forgiveness in your question, you meant forbearance, which is a different thing. I suggest that you call the department of education in DC and asked to speak to the Office of the ombudsman.... Read More

If your son is appointed as Trustee and is acting in a fiduciary capacity, the money belongs to the Trust - not to him. First there would be no personal attachment to Trust funds. Second, if his debt was discharged, the creditors can't come back later to attach funds for the debts that were previously discharged.... Read More

Any interest in property that you own may be attached for a judgment. So, it is possible to attach jointly held property in a revocable trust. However, the judgment creditor will have to identify the property and file the property documents to attach your interest. Often, a judgment creditor won't bother unless the interest is quite valuable.... Read More