Nevada Recent Legal Answers from Lawyers

Your facts are not entirely clear.  You do not indicate where the two of you last lived together (the "last matrimonial domicile") which is important in such situations.  See the discussion in my article "The Basics of Family Law Jurisdiction," posted here.  Also refer to property and alimony law in Nevada here and here.  It would probably be easiest to do a preliminary jurisdictional analysis over the phone; please call at any time during regular business hours, and one of our lawyers will step through it with you and determine where you must proceed.... Read More

More details are neceaary; it is not clear what kind of guardianship was done, or how much time has passed, all of which is relevant.  For background information, see here.  If the legal proceedings were in Nevada, then you should consult with a Nevada Family Law specialist about revoking the guardianship and regaining custody of your children -- there are multiple cases on this subject, but it is unclear exactly what was done here, and therefore precisely what you must do at this point.  You need a consultation with counsel, and the sooner, the better.... Read More

It is not possible to give the sort of detailed case analysis and advice you are looking for by email.  In terms of an existing charge of violation of a TPO against you, if it's already happened by a hearing master you can requesst a review by a district court judge, but there are short timelines for objecting.  On the other side, the rules build in attorney fee and other sanctions if it can be proven that a reporting party has made a false claim.  You are really going to have to assemble all the documentation of the "long drawn out chain of events" and schedule a full consultation with a qualified family law specialist to go over it top to bottom and figure out your risks, costs, benefits, and options.... Read More

If you can (meaning if you can find one who will take the case), you probably should engage a collection attorney who will work for a percentage of the monies collected.  It sounds like the venue may not have enough funds to repay you, which is likely to be a  common occurrence with the current economic circumstances.... Read More

Many facts are unclear -- including when and where the events you describe took place, what exactly you signed to "sign over my rights," and the location and ages of the various parties involved (most importantly you and the child), not to mention why you waited from 2018 to 2020 to inquire about it. Presuming this is a Nevada matter, you should consult a family law specialist well versed in Termination of Parental Rights and Adoption matters; if the events described did not take place in Nevada, consult an attorney in the relevant state.  You can get background information on those legal topics here and here.... Read More

You should be able to schedule a DNA test directly throiugh the agency handling the case -- presumably the District Attorney family support unit.  You might want to review the information we have posted regarding paternity actions here, but the best bet is to contact the assigned case manager and make arrangments for testing.  If youi can't get anywhere directly, consult with a family law specialist who should be able to make all arrangements with the D.A.  if the situation is different from these assumed facts, please call to speak with one  of our attorneys and explain it, and we'll try to assist you.... Read More

Each case is unique, so do not substitute this as proper legal advice. First, congratulations on your upcoming marriage.  Second, try to resolve it by contacting the location (asking for a refund or to move the date).  Third, if you put it on a credit card, contact the credit card company.  Fourth, if all else fails yuo may have to proceed with a court case.  Considering everyone is trying to assist each other during this time (Covid-19), no one wants to have a bad reputation.  Hopefully, they will resolve it with you. Proper legal advice is always important, so do not interpret these comments as giving you proper advice because I am unaware of all of the facts in your particular case. Stay safe and healthy!  ... Read More

Each case is unique so do not substitute this response as proper legal advice.   If you filed your answer with the Court, then take the filed stamp copy and mail the copy to the attorney.  File with the Court a certificate of service in which you warrant that you served it by U.S. Mail.   Here is a link to a civil help center that may assist you.   Civil Help Center   I urge you to contact an attorney so you can obtain proper legal advice as time may be an issue in your case.   Brian D. Shapiro, Esq. 510 S. 8th Street Las Vegas, NV  89101 (t) 702-386-8600; (f) 702-383-0994 www.brianshapirolaw.com... Read More

Each case is unique and I urge you to consult with an attorney. Generally, if you have recevied a summons and complaint, it means that you have been sued.  You need to determine when you need to respond, so make sure you read the summons.  Failure to respond could result in a judgment being entered against you. Moreover, in your particular case, you have to determine if the service by mail was proper.  It could be, so you will have determine your rights.  If you sit on your rights, you will lose them. This response is no substitute for legal advice and I urge you to consult with an attorney.  I am providing you with a link to the Civil Law Help Center which may provide you with information.  Time is likely of the essence to respond, so make sure you review and determine what you need to do.   Civil Self Help Center   Be safe and healthy!!   ~ Brian   Brian D. Shapiro, Esq. 510 S. 8th Street Las Vegas, NV  89101 (t) 702-386-8600; (f) 702-383-0994 www.brianshapirolaw.com... Read More

Each case is dependant upon its own particular facts and urge you to consult with an attorney.  However, it sounds like the landlord is attempting to "double dip" or seek to collect from both tenants as a "double recovery".  Whether they are entitled to do so would be dependant upon your agreement and particular facutal scenario.     You may want to look at proceeding within the small claims court in Pahrump.  Here is the link for you.    Pahrump Justice Court - Small Claims - Forms Do not allow this abbreviated comment to provide you with appropriate legal advice.  I urge you to consult with an attorney.   All the best, be safe and healthy.   ~ Brian     Brian D. Shapiro, Esq. 510 S. 8th Street Las Vegas, NV  89101 (t) 702-386-8600; (f) 702-383-0994 www.brianshapirolaw.com... Read More

You do not indicate what connection your inquiry has to Nevada, and the answers may well vary from state to state.  The underlying facts are very unclear -- was the motor home in the decree?  What $10,000 and why?  Is that the savings accoiunt?  There are so many loose ends that the best I can recommend is to make a call to a family law specialist in the relevant state; if this case really is in Nevada, feel free to call at any time during regular business hours and go over the basic facts with one of our attorneys and we will see if there is anything we can do to assist you.... Read More

Hello,  I can discuss the workers' compensation view point. If you were injured by the robber or have developed PTSD you may have a claim for workers' compensation benefits. You would certianly want to see a doctor and fill out the necessary forms as well as inform your employer of the injury.  There is an arguement that this would not be covered by workers' compensation because the injury was the result of someone committing an intentional tort, but I would recommend still filing a claim and seeing a doctor if you are injured. ... Read More

Short answer: No.  An obligor cannot unilaterally terminate his own rights and avoid support; he can relinquish his parental rights, but his obligations remain until and unless a judge grants a Termination of Parental Rights.  Details are posted here.  If you are not getting support and wish to, or have any other questions about your rights and options, feel free to call and ask one of our attorneys.... Read More

If the problem is that the court order no longer reflects reality, the solution is to amend the court order.  Be aware that Nevada child support laws have changed a great deal quite recently, and woiuld apply to the new order.  A complete recap of the law is posted here.  If you have further questions, feel free to call and speak with one of our attorneys.... Read More

It seems very odd that any CPS worker would simply accept false allegations about your living circumstances and possible drug use without any investigation or evidence.  That said, you obviously need to consult with a family law specialist who handles abuse and neglect cases, and be prepared at the first hearing, which will be soon, to show evidence rebutting the allegations --say an affidavit from the aunt you live with, and a clean drug test.  If so, you may be able to nip this in the bud at the first hearing.  Then you need to work with your family lawyer to get some longer-term arrangment put in place for the child custody, and child support.... Read More

Medicare and Medicaid are allowed a subrogation lien on any settlement proceeds relating to the injury that they paid benefits on your behalf. This is a super lien meaning that the attorney handling the case will be personally liable if he doesn't protect the Medicare lien. However if your Medicare treatment did not relate in any way to your accident case then there should be no lien. Discuss in detail with your attorney who is handling your case. If you are not represented then you should seek representation immediately. ... Read More

Presuming both parents are on the birth certificate, the law starts with a presumption of equal rights.  Details are posted here and here.  Child support is explained here.  You should consult with a family law specialist to find out all of your rights, obligations, and options.  If you 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 (during the emergency, they are being done by phone or video); 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

Short answer: "maybe."  Much depends on exactly what your divorce decree says, but Nevada law has held since 1989 that the spouse is entitled to payments upon the worker's ELIGIBILITY for retirement.  See the article titled Retirement Plan Division: What Every Nevada Divorce Lawyer Needs to Know (CLE, Ely, Mar., 2013) posted here, and especially its discussion of Gemma and Fondi.  This firm, and our QDRO Masters division, are experts on this subject, so if you have any further questions after referring to those materials, find a copy of your underlying divorce decree and call; we should be able to answer all your questions.... Read More

The question does not have sufficient facts to permit a detailed answer.  If you have tried calling the caseworker assigned to your case at the D.A.'s office and not received a satisfactory answer, you should call a family law specialist and explain the question in a bit more detail to decide whether, and if so what, might be done in the situation.... Read More