I live in Maine. I have been divorced for a little more than a year. I have custody of our only child. Ex did not appear at the divorce proc...

Question

I live in Maine. I have been divorced for a little more than a year. I have custody of our only child. Ex did not appear at the divorce proceedings and has not spoken to or seen our son in more than 7 months, by his own choice (I tried to encourage their relationship for a long time, but stopped when my son asked me to no longer intervene on his behalf. He accepts that his father isn't going to have anything to do with him at this point). I receive SSDI payments (in lieu of child support) for my son because my ex was deemed disabled due to mental illness. I was recently notified by the bank that an account we held jointly received a large deposit. My name is still on this joint account even though we are divorced. Ex never did anything with bank to change the account or any of the online access after our divorce. Can I withdraw money from this account as the joint owner (without his permission), even though we are no longer legally married? And if so, do I have to justify the withdrawal? Thank you for any assistance you can give me.

Answer

The answer really depends upon the divorce decree, but I believe, not knowing all the facts, that it would be very dangerous and possibly a crime to withdraw the monies, particularly if you know it is not your money now. If he owes you monies, you could attempt to attach the monies in that account.

I recommend reviewing all the facts with an attorney.

My husband split up with me two days ago. We have been married 7 years, and I have not worked since we married. I am 54 with high blood pres...

Question

My husband split up with me two days ago. We have been married 7 years, and I have not worked since we married. I am 54 with high blood pressure and a-fib, and am recuperating from stomach surgery. He says he is only giving me $1,000 as a settlement, plus fixing my 15 year old car. He is taking my dog that was a gift from my best friend that I received before we were married. He says I gave him to him, but I never did. I am terrified of becoming homeless. I want to move to another state where I have friends and a good possibility of finding employment that pays enough to support myself on, and that offers benefits so I can continue seeing a cardiologist and treating my health issues. I don't have money to put down on an attorney. What are my rights in a situation like this? He has been emotionally and mentally abusive toward me on and off for our entire marriage.

Answer

There are family law attorneys around North Branch. They might be able to get a court order to require your husband to pay your attorney fees. Do not proceed without an attorney that specializes in family law. The attorney will not permit your husband to financially abuse you. You can read more at

www.MidMichiganDivorce.com

Can a restitution order be overturned based on the arrest of the former plaintiff for grand theft and insurance fraud? The order against me ...

Question

Can a restitution order be overturned based on the arrest of the former plaintiff for grand theft and insurance fraud? The order against me was grossly over stated and at the time of the conviction/sentencing/restitution hearing for myself, plaintiff was not being investigated. Now plaintiff is being charged with a mass amount of charges from fraud to theft and i'd like to see if I can go and challenge the original order to get my restitution lowered to what it should be.

Answer

A restitution order can be modified, however there are certain rules regarding this. You would be best served to contact an experienced criminal attorney.

Is it legal to own a handgun in the City of Chicago with just a FOID card or do you need to register it and have a city license?

Question

Is it legal to own a handgun in the City of Chicago with just a FOID card or do you need to register it and have a city license?

Answer

You do not have to register your firearm with the city of Chicago the commonly known as the Chicago Firearms Permit (CFP).

Remember, you must still have a concealed carry permit to carry a handgun for most people. The application process for the permit will begin in January of 2014, with the actual permit being granted by the Illinois State Police (ISP) a few months later if the applicant meets the criteria.

I have been contacted by the agent for the trustee in a California foreclosure regarding a small surplus from the foreclosure sale. There is...

Question

I have been contacted by the agent for the trustee in a California foreclosure regarding a small surplus from the foreclosure sale. There is no dispute that I am entitled to the funds. The agent for the trustee wants to keep half of the surplus as a fee for their notifying me of the surplus and process my claim. Is the fee permissible? excessive? Am I obligated to pay this fee just to get what is mine?

Answer

It's against the law. See California Civil Code section 2945.4, subdivision (h). The trustee has already been paid by the lender to conduct the trustee's sale, and must follow the guidelines of the law when dealing with surplus funds.

If I have joint legal custody of my 2 year old daughter who lives with her mom in california as do I. Can my exwife move to new jersey with ...

Question

If I have joint legal custody of my 2 year old daughter who lives with her mom in california as do I. Can my exwife move to new jersey with her?

Answer

If she moves without court orders allowing the child to be relocated, she runs the risk of you filing a motion requesting that the child remain in California. Please meet with an experienced family law attorney to explain the legal options

My 15 frozen blastocysts were accidentally thawed and therefore had to be discarded as medical waste. These were my "children." I know it wa...

Question

My 15 frozen blastocysts were accidentally thawed and therefore had to be discarded as medical waste. These were my "children." I know it was an accident, but to what extent is the laboratory that froze these embryos responsible for assisting me financially with going through this process again? I feel it should be their responsibility 100% bc their insurance should have this covered. This is not only an expensive process, but it involves a lot physically and emotionally as well.

Answer

Thank you for your inquiry, and I was sorry to learn of the difficulty you had surrounding the lab's handling of your blastocysts. It is possible that various claims may be pursued against the lab. We would require additional information in order to assess the viability of any potential claims. Accordingly, please feel free to call my firm to discuss this matter further (973)635-5400. We look forward to speaking with you; and we will assist you in whatever way we can.