dimanche 16 juin 2019

Child Neglect: Can Neglect Charges Be Remove

My question is about Child Neglect, can this charge be removed from The Kansas Central Registry'? and if so what do or will I need to do to getting this matter resolved'?


Child Neglect: Can Neglect Charges Be Remove

Home Birth Certificate

My question involves public health law in the State of: wife an I had a home birth over 19years ago, How do we go about to get a birth certificate for her, what steps need to be taken, before getting her SS, or ID. Her birth was never filed by the midwife in Tennessee as we lived an had baby in Georgia. We have the original copy of her footprints an moms thumb prints, a couple of verified copies of medical. Thanks


Home Birth Certificate

Custody and Visitation Issues: Do You Have to Pay a Gal Who Was Removed from the Custody Case

My question involves a child custody case from the State of: MO

Our first GAL was removed months ago after I got a new lawyer. My old lawyer knew the GAL was my ex's attorney in a child custody case against me but said we couldn't do anything about it. In that child custody case, I was awarded sole custody, and my ex became very angry at the courthouse. The GAL remembered me and was aware that she had represented my ex in a case against me.

My new attorney was shocked the GAL was left on the case for so long and said the GAL should have removed herself from the case knowing about the conflict of interest. We filed a motion to get her off the case a few days after my new lawyer took my custody case.

Long story short, this former GAL sent me a bill this month claiming I still owe her money for services. I don't think I should have to pay someone unethical who took the case knowing she shouldn't have. Aside from that, this GAL was awful at her job, and I'd like a refund for the retainers and monthly payments I was already forced to make. She threatened to strike my pleadings if I didn't pay, so that's the only reason I paid her previous bills.

For example, this GAL stated in a motion to give my abusive ex more visitation time that DFS said my ex was innocent of child abuse. Well, I contacted DFS, and they said they had never spoken with the GAL! Also, during this same phone call, DFS notified me that my ex WAS guilty of child abuse and that they had placed him on a child abuse registry for our state! They later sent me a letter with more details.

This is just one of many incidents where the previous GAL failed to protect the kids. The next GAL we got completely removed ex's visitation with one of the kids because my ex kept abusing the child, even during supervised visits, so there was definitely some obvious evidence that the visits were going badly. GAL #1 chose to overlook this while billing me thousands of dollars and saying "Dad is a good parent". This GAL kept filing motions to increase ex's visitation time, which the judge denied due to the ongoing abuse.

GAL #1 was also aware that ex's supervisor was leaving him alone with the kids during supervised visits. This GAL didn't care and refused to do anything about it, even though DFS and the judge both said he needed to be monitored at all times.

Billing was also an issue. Ex and I were ordered to split GAL bills 50/50 even though his income was twice as much as mine and he had fewer kids (I have a child from a previous relationship). My previous lawyer refused to ask for a 70/30 split because the GAL was her friend and she said the GAL wouldn't like if my ex paid more money than me.

Also on the subject of billing - ex basically utilized all of the GAL's time. The GAL met with me once. She ignored all of my phone calls and emails except for one where I asked how to remit payment. She responded to that one within minutes. She did not speak with any of my friends or family, DFS, or the kids' therapists. However, she met with my ex regularly, plus 3 or 4 of his family members on separate occasions. She also spoke with one of his family members nearly every day and told my previous lawyer she did this.

I don't think it's fair to pay money for an unethical GAL who didn't protect the kids. I also didn't think it's fair to get billed for all the time she spent chatting with my ex and his family when she didn't bother using any of that info to protect the kids.

Is there any way to get back the money I've already paid this GAL? And is there any way to get out of paying her the additional funds she requested this month even though she's been off our case for months? I'm concerned that it will hurt my custody case if I don't pay her even though the judge removed her from the case.


Custody and Visitation Issues: Do You Have to Pay a Gal Who Was Removed from the Custody Case

Parking in Bus Zone

My question involves a parking violation from the state of: California. The zone was not marked by a sign saying bus zone, and it was not marked red or for a loading zone. The only sign that was there, was an OmniTrans sign.


Parking in Bus Zone

Division of Assets: Postnuptial Agreement

My question involves a marriage in the state of: NY

All of these questions are with regards to maximizing enforceability of a postnup.

1. Obviously we’d get the agreement notarized but how necessary are witnesses or attorneys?

2. Is mediation the way to go? Given that in arbitration or court of law a final decision I may disagree with is more binding.

3. My wife and her parents report that she doesn’t have any assets, excluding personal and small household items. Meanwhile I have significantly more (savings, real estate, etc). Is it better to count some of her personal or small household items in the calculations of her assets so it’s less lopsided (otherwise her net worth would be listed as $0) or would it not matter in influencing the decision?

4. Anything else I should know? For example, in general, how likely is a postnup like this enforceable in NY? Have I made a big mistake by not doing a prenup? Is my wife likely to get a significant portion of my assets if we divorce despite a postnup where we went the completely independent route of unshared assets/debts (at legalnature.com, this would be selecting options such as separate debts, tenants in common, separate property income, no joint credit card accounts, no spousal support, individual tax filings on separation, not using each spouse’s income for joint household expenses, etc).


Division of Assets: Postnuptial Agreement

samedi 15 juin 2019

Public Records: Wording to Find Percentage Success of State Contractor

I am filing a freedom of information act request under the Illinois State
Freedom of Information Act to a State Agency. I simply want to find
out whether the contractor they use for their Medical Care Assistance
Plan has a history of dropping incoming claims (by fax and United States
Post Office mail) on the floor and not entering them . Did they did any
audit or investigation that would shed light on whether whether their
contractor was doing this part of their job correctly.
What would be the best wording for this--see below.

I am state employee.
I am a member of the Medical Care Assistance Plan for many years.
I would send in my claims. I got no responses (neither denials or
payments). This happened several times over seveal years. I got
sick and tired of this and filed an Illinois Court of Claims
action for one year that they failed to reimburse me.
(For the year in question, I sent in claims three times by physical
mail and one time by facsimile.
They are claiming that they got none of them.)

For those not familiar
with these, one arranges to have money deducted from one's paycheck
pretax. Then, when one has medical care expenses, one sends in their
receipts. They check two things. That you have not sent in more than
the total amount taken out for the year. That the expense is a valid
one under Internal Revenue Service rules and the plan rules. (For example,
a general health expense like Vitamin D pills is not valid, but if one
has a prescription from a doctor for a specific condition for these,
even though they are over-the-counter, one can get reimbursed for the
price of the pills.)

My first request asked for the percentage of incoming claims by
fax that actually got into their computer system. Ditto for those
coming in by United States mail. Also, asked if their department
that manages this got other complaints from others or from myself
in prior years.

they sent back that one can't get requests for statistics. (So I guess
one can't ask them to calculate how taxes affect different income
brackets but one can ask for a report that gives this information if they
had already prepared same, unrelated to one's request.)

So I simply am going to ask for ayh reports or the complaints.
Is this the best wording:

Reports on whether incoming facsimiles to the facsimile number
provided to the participants were actually entered into the system?


Public Records: Wording to Find Percentage Success of State Contractor

Can a Basement Apt. (Condo) Be Charged the Same Assoc. Fees As Other Units

My question involves real estate located in the State of: Massachusetts

I live in a condominium building, and I’m asking a question on behalf of the (former) superintendent of the building. She has lived in the building her whole life, and I believe she was the building’s super her entire adult life (she’s now close to 80 y.o.). This past year, the Trustees ended her employment and hired a property management company to take over. She owns the apartment she lives in, and now that she’s no longer the super, the Trustees have told her she has to start paying monthly condo fees and periodic assessments like all other unit owners (she never had to pay previously- I believe it was part of her salary).

The condo fees and assessments for each unit owner are based on square footage, and are quite substantial. She was given a very small severance payment and now lives on social security, and will likely not be able to afford living in the building for longer than another year. Putting aside how badly I feel she was treated, my question focuses on the condo association fees: her apartment is in the basement, and it seems to me that calculating her fees on square footage, without taking the basement location into consideration, is unfair or wrong. The unit right above hers (same size) is assessed over $200k more in the city’s property database, as are all the other same or similarly-sized units in the building (again, due to higher floors vs. basement location), and I’m thinking this should be factored into the equation.

I advised her to talk to a lawyer about whether or not she could challenge the high fees/square footage issue, but she’s reluctant to do so since money is so tight. I thought I’d come here and see if anyone has any ideas or thinks she might have a case.

Thanks in advance.


Can a Basement Apt. (Condo) Be Charged the Same Assoc. Fees As Other Units