Nevada Recent Legal Answers from Lawyers

The precise situation is not completelyclear, but if the problem is confined to transportation issues, the obvious solution would appear to be to alter the pick up and drop off orders so that, for example, instead of the receiving parent picking up, the other parent drops off.  If the problems extend beyond that, you might want to consult a family law specialist about a more extensive resolution.... Read More

Short answer: "no."  Community property goes to the property accrued during the marriage.  Please review the information about property division here, and do not allow yourself to be bullied or threatened; I strongly suggest a consultation with a qualified family law specialist, in this office or another, as to both divorce and annultment options (which you can review here).... Read More

Unfortunately yours is a criminal law question (this is a family law list), the answer to which will vary a great deal by jurisdiction (city of LV, or NLV, or County, or district court).  Youi need to ask your question of a criminal law attorney, specifying the jurisdiction that ordered the community service in the first place.... Read More

Unfortunately I am not aware of any new opportunity or special visas for people from Honduras. It appears that the aim of this administration is to stop and not assist migrants from Latin America. I am only aware of the present injunction by the Northern District Court of California in Ramos v. Nielsen in which temporary protected status and employment authorization are automatically extended to eligible persons from Honduras among other countries until January 4, 2021, or for as long as the injunction remains in effect against the Trump administration.  insofar as  a provisional I-601A waiver is concerned, your husband would not appear to be eligible for it even if he was back in the US as he appears to be under a permanent bar by virtue of the two orders of removal unless his last entry prior to the removal in 2019 was before April 1, 1997. 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

Attorneys can only have one client.  It is common (and should be more common) for attorneys to ask other people to acknowledge this by signing a waiver.  If you do not trust the executor, you will have to abide by Nevada rules on when you can ask for an accounting, etc. and, if it is "fishy" or not produced at all, hire a separate attorney.... Read More

There are two basic choices -- you can go through the D.A., which is free, and can work interstate for enforcement, but is notoriously slow and inefficient.  Or you can hire private counsel, which is typically much faster, but costs money, and could require hiring a lawyer in the original state to reduce arrears to judgment, and then a lawyer in Texas to seek enforcement.  Custody can be brouight up at any time, but he would have a hard time convincing the court on the facts you assert that there is a good reason to do so, although courts will always encourage both parents to have a relaitonship with their child, if possible. 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; 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: it depends.  There are two aspects here -- civil and criminal.  On the civil side, see the materials posted here, here, and here, and then I suggest conferring with a qualified family law specialist about matters of paternity, custody, and support.  On the criminal side, I would suggest calling Metro and making a police report, after which the outcome is no longer your responsibility.... Read More

You do not actually ask a question.  As of February 1, the new child support regulations kick in.  We will shortly be posting a recap of the new law; for the law effective through January, see here.  We have posted a free calculator for figuring out what an obligation should be under the new regulations.  You should probably consult, as soon as possible, with a family law specialist.... Read More

The answer is "maybe" and the first thing to review would be your existing court order.  If it calls for production of tax returns, etc., then that is the controlling order.  If not, she has no per se right to your financial documents, and the court rules state that a party has to ask to open post-trial discovery.  That said, cooperation might be less expensive than litigation.  Another complication is that the applicale child support statutes change in just a few days (February 1, 2020).  We will be updating the information posted on our child support page, here, quite soon, to reflect those changes. It seems very likely that your best course of action would be to consult with a family law specialist well versed in this subject, and decide how to proceed based on a full anlysis of your existing orders, and current facts and circumstances.... Read More

Each of these situations is highly fact specific, so on the basis of this limited informtion, the answer has to be "maybe" -- but probably.  For background, review the explanation and articles posted here, and then I strongly urge you to schedule a detailed consultation with a family law specialist well versed in this subject.  Frankly, there are few lawyers who have had much experience in this area; we have litigated several such.  Whatever you decide to do, you should not delay; such claims should be made as quickly as possible to the end of the relationship.  Please let us know if you have any other preliminary questions.... Read More

It is unclear where the order was entered.  If in Nevada, enforcement can begin through our courts; if it was in Missouri, you must contact an attorney there to initiate collections.  If the order was a Nevada order, feel free to call at any time during regular business hours and we will explore what we can do to assist you.... Read More

Youi don't actually ask a question, but it is obvious that you need information, and a consultation, asap, with a family law specialist.  First, take a look at the divorce, property division, custody and support pages of our web site, here, and then get a consultation scheduled; the time to set aside fraudulantly or negligently unopposed orders is limited, so act quickly.... Read More

Presuming you are separated, declare on your Financial Disclosure Form how much of the joint income actually ends up going to you; if you are still together, declare all of it, and include all expenses on the expense side as well.  The FDF does not have to be perfect, just honest.  Add sheets with notes if the reality of your situation cannot be made to be fairly reflected on the form.  You would probably benefit from a consultation with a family law specialist.... Read More

It is a bit unclear exactly what you are trying to accomplish.  If you are asking whether property (including proceeds from a lawsuit) are community property despite separation, the answer is "yes" under Forrest v. Forrest from 1984, unless a court finds "compelling reasons" why property should not be equally co-owned.  You may find useful information on the divorce, property division, spousal support, and other pages of our web site, which you can access here.  It would probably be wise for you to schedule a full consultation with a family law specialist to go over all of your options, costs, risks, and potential benefits.... Read More

This is a topic of discussion in the Nevada Bar, and was one of the topics discussed at the recent Advanced Family Law conference.  One of the judges presenting suggested using my analysis for when and how marijuana should be treated in the family courts--you can find that analysis here.  It is a little unclear from your question who is living where and what custodial provisions are in place; you should probably confer with a family law specialist as to whether a modification in the current custody orders is warranted.... Read More

Without a full knowledge of the facts, it is impossible to rationally predict outcomes, but the factors a court will look at include the behavior and characteristics (like excessive anger) of the parents, as explained here. Do not allow yourself to be threatened, or blackmailed.  Youi need to consult with a family law specialist.  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

Yoiur question is a bit unclear, but there is no direct connection between a child support obligation and whether visitation was or was not offered or taken -- if there is a legitimate child support obligation, it continues -- with no expiration, and no statute of limitations, as explained here.  You need to consult with a family law specialist.... Read More

It is impossible to give comprehensive advice either by email or from those few facts.  I suggest that you review the divorce, child custody, child support and other relevant pages of information posted here, and then consider scheduling a consultation appointment with a family law specialist to go over all of your choices, cost, risks, and options.... Read More

In addition to the normal issues in any divorce, recounted here, any divorce involving someone in law enforcement necessarily involves issues relating to pension division.  We have posted several articles going over those issues here.  Really, however, while self-education is good, there is no substitute for an in-depth consultation with a qualified family law specialist.  You can attempt to get referrals from attorneys you know, or you couild review posted qualifications and biographies.  The State Bar posts a list of all certified specialists here, and those attorneys who have attained Fellowship in the American Academy of Matrimonial Lawyers can be researched, by area, here.... Read More

It is not clear what question you are asking.  Nevada is essentially a "one-party" divorce state -- you have to be married, and wish not to be (technically, asserting "incompatibility"); the other party can contest terms, but essentially cannot prevent a divorce from being granted, as explained in greater detail here.... Read More

The obviuos thing to do would be to file a motion with the family court for clarification.  Or you could seek to mediate the issue through the Family Mediation Center.  Before doing either, the local rules require you to make some effort to resolve the dispute, so you should probably write a letter or email, in calm, neutral language, suggesting what you think is an appropriate solution and requesting a response.  A refusal on the other side to resolve it permits you to seek attorneys fees, if you have to hire a lawyer to pursue the matter.... Read More