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pg1067

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Everything posted by pg1067

  1. This is a six month old thread that has nothing whatsoever to do with the topic of your post. Please start your own thread under the correct category.
  2. Well...you told us that she is doing it, so.... If your child's mother is not complying with the court order, you need to ask the court to hold her in contempt. Consult with a local family law attorney.
  3. I have to wonder where a 17 year old acquired so much legal knowledge that he/she feels competent to opine that such a lawsuit would result in significant losses. No. It's all legal. Lawsuits are not designed to earn profits. Where meritorious, lawsuits are designed to put the damaged person back in the same place he/she would have been but for the legal wrong. Yes, you could have sought a new job.
  4. I agree with the prior response, and the answer to your question is yes.
  5. Clerks perform the ministerial task of mailing or electronically serving orders, but clerks do not otherwise issue orders. That depends on the laws of the state or jurisdiction where the case is pending. Sua sponte (a Latin phrase that means spontaneously) refers to an order issued by a court without a request or motion by any party. Per curiam (meaning by the court) refers to an order or decision issued by a multi-judge panel where the authorship of the opinion is not expressly attributed to any judge in particular. You're concerning yourself with form over substance. You just wrote a sentence telling us that this happens, so you obviously already knew the answer to this question.
  6. No one on an internet message board can help you. You need to retain the services of a local attorney.
  7. Dare I say that a long term relationship with someone who's 26 and has never filed his own taxes despite having a full-time job may not be the smartest thing in the world.
  8. FWIW, given that your daughter and her kids moved out of the other grandparents' home before the halfway point of this year, it would arguably be tax fraud for the grandparents to claim the kids as dependents. As far as prior years, it's probably water under the bridge as far as your daughter's kids, but I'm wondering how your daughter's boyfriend handled his own tax returns (he obviously could not file jointly with your daughter). Did he not take an exemption for himself on the basis that someone else (his parents) could claim him? For that matter, did your daughter do that for herself? It's one thing for your daughter to allow the boyfriend's grandparents to take the deductions for the kids, but for herself as well? There are two bases on which an adult can be claimed as a dependent by another adult: (1) qualifying child; and (2) qualifying relative. To be a "qualifying child," among other things, the son would have had to have been under 19 years old or under 24 and a full-time student (or "permanently and totally disabled"). Did your daughter's boyfriend meet this qualification for any year? Your daughter cannot have been her boyfriend's parents' "qualifying child." To be a "qualifying relative," it's not actually necessary to be a relative if the person lives with you all year. However, for 2018, a person could not have been a "qualifying relative" unless that person had $4,150 or less in gross income for year. Did either your daughter or her boyfriend have less than that minimal level of income? If I were your daughter, I might think hard about consulting with a tax lawyer or tax accountant about submitting amended returns for prior years. P.S. Hopefully I got all the above correct, and I'm sure "Tax_Counsel" will correct me if I didn't.
  9. I'm sure you can do lots of things. Since you only described "these circumstances" in the most vague of terms, I'm not sure what you think anonymous strangers on the internet can do for you. Seems like you have more need for emotional support than answers to legal questions (especially since you have a lawyer).
  10. Why are you tagging this onto someone else's month-plus old thread on a completely unrelated subject? Please start your own thread.
  11. Any good reason why you thought resurrecting a seven and a half year old thread was a good idea? The child mentioned in the original post is in her mid-20s by now. If you have a question of your own, please start your own thread.
  12. They can't control how the boyfriend's parents complete their tax returns. If, under the applicable IRS regulation, your daughter is entitled to claim her children as dependents, then she should do so on her returns. If the father's parents also claim the children, then the IRS and the state taxing authority will investigate. By the way, is the boyfriend the children's father and, if so, has his paternity ever been established?
  13. Huh? What guidelines or rules? What agency? Issuing what? What does "contract that overrides responsibiltiy" mean? What is the subject of the contractor's agreement? Residential construction? Commercial? Industrial? Something else?
  14. The post is tagged as related to Kansas. I haven't googled what the Kansas residential real estate disclosure law requires. However, you told us that the seller gave you written disclosures and "skipped over the questions asking about flooding." Assuming that, like most states, Kansas has a required disclosure form, this makes me believe that some disclosure regarding flooding was required. As indicated in my prior response, the problem with this is that I assume you received the written disclosures before closing on the sale. If that's right, then you could and should have noticed that the seller "skipped over the questions asking about flooding" and should have insisted that the seller answer those questions. Because you knew or should have known that the seller didn't make this required disclosure but proceeded to close anyway, that may preclude any action by you against the seller for failing to disclose flood issues. Again, you need to consult with a local real estate attorney about this.
  15. You told us that there is a utility easement, but we obviously don't know anything about what it says. I doubt that the easement gives the utility company the right to dig a large hole, leave dirt from the hole outside the easement, and leave the yard in that condition in perpetuity.
  16. You posted in the middle of the night (shortly after 2:00 a.m. Pacific time). Were you expecting folks to leap into action? It's a message board. Be patient. We're in no position to explain to you why the local authorities in Texas won't take action, but it's neither of the things you mentioned because your daughter sent the child to the grandparents voluntarily. Your daughter needs to retain the services of an attorney in Texas to file appropriate legal proceedings to get the child back. Should have done this within weeks after the child was due home, and the longer she allows this situation to exist, the worse it will become. I disagree. Any legal proceedings need to happen in Texas where the child is (at least in the absence of some explanation of the current status regarding custody of the child, including what's going on with the child's father). Paternal parent? You mean the father? In any event, no one wrote anything like this. No one "grabbed" your grandchild. You told us that your daughter willingly allowed the child to go to the other grandparents in another state -- apparently without making any provision for the child's return. Again, we don't know why law enforcement in Texas won't take action. However, since they're not taking action, your daughter's recourse is obvious. The lawyer in Texas can advise her on the specific action she should take.
  17. What does "the 6 notice provision" mean? Why would you expect him to tell you that he was planning to move? I fail to see any utility in creating a list of rights. It's not entirely clear what the problem is here, but you should be discussing the matter with your attorney.
  18. So...the seller failed to make a required disclosure and you knew (or should have known) that the seller didn't make this disclosure but proceeded to close anyway? That's obviously an important fact. I'm skeptical that you have a valid claim against the seller or seller's agent because you knew or should have known that the seller failed to make a disclosure about this subject. Nevertheless, I agree with whomever told you to consult with a local attorney. I also hope you bought flood insurance since regular homeowner's insurance doesn't cover it.
  19. How about a letter to the utility company saying that, if it doesn't object within 10 days,, you're going to refill the hole?
  20. Just to clarify, in the subject header of your post, you wrote that the attorney "wants to withdraw [the] lawsuit," but here you wrote that he "wants to withdraw from the lawsuit." Those are two very different things and, unless you say otherwise, I'll assume you intended the latter (i.e., that he doesn't want to represent you anymore). No one here knows anything about your situation beyond the scant information in your post. Among other things, you didn't tell us why your attorney wants to withdraw. That said, if your trial date isn't for another year, the likelihood that you could prevent the attorney from withdrawing is probably almost nil, so you probably should be seeking a new attorney. I'm not quite sure what this means, but anything pertinent to your case should be in the files that get transferred to you or your new attorney. Ok. Good thing you have eleven months until the trial date.
  21. That's a question for that person to discuss with his or her criminal defense attorney.
  22. What does "we received . . . loan canceled" mean? Who are "they"? Did "they" provide any evidence that title was canceled? I assume you meant "can't." What does "get with them" mean? We have no conceivable way of knowing whether "they" have this ability. Not sure what sort of "help" you think anonymous strangers on the internet can provide, and we obviously don't know whether your loan was or wasn't fully paid off. Does your lender's claim match up to your personal financial records?
  23. Tap water? 75-80 degree water is perfectly fine for brushing teeth, and whatever water actually goes into your mouth (which is probably no more than an ounce) will warm up to the temperature inside your mouth (~98.6 degrees) within a few seconds. A building has no ability to fix anything. The question is whether your landlord has a legal obligation to ensure you have "cold water," and I doubt any such obligation exists. "Cold" and "warm" and "hot" are subjective terms. Defined by whom or what? Also, there's absolutely nothing about 75-80 degree water that makes it not "drinkable." I can't claim familiarity with the myriad of oddball landlord-tenant laws in NYC, but I seriously doubt it. You've only give two examples of how this is an issue for you, and neither really stands up to scrutiny. Also, I looked at the links you provided and nothing suggested there's any definition of "cold water" or any actionable right to same. Ultimately, if you don't like it, you're free to move as soon as your lease expires or, if you're a month-to-month tenant, upon giving 30 days' notice.
  24. Then I suggest discussing the matter with a criminal defense attorney.
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