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  1. Like
    pg1067 reacted to Tax_Counsel in Grandparents wont stop filing my children on their taxes   
    She can't stop the grandparents from claiming anything on their returns. For the years 2018 through 2025, as the tax law stands today, the dependent exemption is zero and thus there is no tax benefit for claiming a dependent. There are the child tax credits, however, and those credits do depend in part on whether the taxpayer would qualify to claim the kids as their dependents. All she needs to do is claim the child related tax benefits on her return that she qualifies to take. If someone else claims the same tax benefit for the same child the IRS will catch that on computer matching about a year after the returns are filed and spit out letters to each of them to start the process of verifying which one was entitled to those benefits. The one not entitled to it will have to pay back the tax they saved from the benefit, as well as interest and possibly a penalty, too.
    Note that if both of you file electronically and claim the same benefit(s) for the same person the IRS will reject the second filed electronic return. All that means is that the person with the rejected return will need to file on paper instead and wait about 4 weeks or so longer to get any refund check. That short delay is the only disadvantage to filing second. So no need for her to get overly worked up in January simply to file first.
    I'll not get into the details here of what the requirements are to claim the dependent exemption or the child tax credit. She can read those rules in Publication 501 (dependents) and Publication 972 (child and dependent credit). If she's interested in amending prior year returns she'd need to look at the prior year versions of those forms as the rules change a bit from year to year, especially the changes from 2017 to 2018 that occurred with the Republican Tax Act passed in December 2017. Note that it may be that the grandparents were entitled to one or more of the dependent exemptions they claimed during the years everyone was living in their home, so she'd need to read the rules carefully for those years. She can only amend returns as old as 2016 now and get a refund. It's too late for years before 2016 unless she paid that tax within the last two years.
  2. Like
    pg1067 reacted to Fuzzz in Traffic stop   
    Wow talk about doing some Olympic style contorting on that one. You are trying to split hairs but are on the wrong side. That law does not make the conversation  itself illegal, just the content of it. You could go and strike up a conversation with anyone and talk to them for hours on end and it be legal. But the second you asked them to do a specific act it would then be illegal. The words and intent would make it illegal, not the act of conversing with someone. Also it does not specify that it would need to be a conversation. You could pass a note, send an email, old fashion snail mail, or any other way you could get your request across. So no this does not come close to "prevent a person from walking up to someone and striking up a conversation even if they are not restraining the person in the process". It just prevents someone from going up to someone and asking for a specific thing. 
    That is close, but cot completely accurate. The supreme court has sated "one must not look at whether a party felt "free to leave," but whether a party felt free to decline or terminate the encounter. The Court held that in the absence of intimidation or harassment, Bostick could have refused the search request. The test of whether a "reasonable person" felt free to decline or terminate a search presupposes his or her innocence."
    This case dealt with a consent search but has been used as the standard for consensual encounters. Even in cases where police have blocked in vehicles, that did not automatically convert it to a 4th amendment seizure.
    No this would not clearly demonstrate that. The OP stated he pulled into Walmart with the intent to go inside. Last I checked you couldn't drive a truck into Walmart to get milk. Clearly the OP would have to park his vehicle and get out.The officers could have legally parked their vehicles to the front and rear of OP's truck after he stopped. He never stated that he was blocked in, if they activated their lights, or if the used some other form of authority to make him believe he was not free terminate the encounter. Just that one was positioned to the front, and one to the rear of his truck. Beyond that the OP stated his intent was to presumably walk  inside the store to pick up milk. If his truck was temporarily blocked by the parked cruisers this would not stop or obstruct him from merely walking inside as he had already planned prior to the encounter.
    No you are clearly not a lawyer and should definitely do some research before posting advice and getting into arguments with people who have clearly done that.
  3. Upvote
    pg1067 got a reaction from Phoebe_Lambert in Power of Attorney vs Temp Guardianship of Grandchildren   
    While I don't really think this is the sort of thing that should cause DFCS to become involved, given the circumstances, why don't they stop doing this?  If that's the one and only issue that might cause DFCS to become involved, discontinuing this activity is an absolute no-brainer.  Are they so addicted that they cannot stop for a few months?
    Given these circumstances, a POA would not do much of anything (except as noted above).  While I don't know the details of GA guardianship law, it's likely that, if you sought a guardianship, notice would have to be given to the other grandparents.
  4. Downvote
    pg1067 reacted to VeraCaUSA in Traffic stop   
    A) No person shall knowingly do any of the following:
    (1) Compel another to engage in sexual activity for hire;
    (2) Induce, procure, encourage, solicit, request, or otherwise facilitate either of the following:
    a) A minor to engage in sexual activity for hire, whether or not the offender knows the age of the minor;
    (b) A person the offender believes to be a minor to engage in sexual activity for hire, whether or not the person is a minor.
    Black's law dictionary defines solicit as:  1. To seek or to plead, to entreat and ask. 2. To lure or tempt a person.
  5. Downvote
    pg1067 reacted to VeraCaUSA in Traffic stop   
    Solicitation according to Black's Law dictionary is the asking; enticing; urgent request.. 
     If it is your opinion that a person can  walk up and ask someone to have sex for money is legal then  of course you are right.  But if you can't then you are wrong.  You can twist it any way you want but you asked for a example where a person couldn't walk up and start a conversation and I gave you one.  
  6. Downvote
    pg1067 reacted to VeraCaUSA in Traffic stop   
    Your statement that anyone else could have done the same thing that the poster described happened to him is totally bogus. 
    For one, the poster's  statement was that the police officers parked their cars  in front of and behind his vehicle while he was sitting in their vehicle in and of itself would indicate that either officer, or both officers were knowingly restraining the liberty of the poster. So  in my opinion a person doesn't' have a privilege to block your vehicle in so they can strike up a conversation with you.  Neither did the police officers  have the privilege to restraint the poster unless they had probable cause that a crime had been committed, or was about to be committed prior to detaining him.  If you going to give your advice to somebody then at least give it in context of the question being asked.   😐
    And yes there are laws which prevent a person from walking up to someone and striking up a conversation even if they are not restraining the person in the process.  
  7. Downvote
    pg1067 reacted to VeraCaUSA in Traffic stop   
    Let's start with solicitation of prostitution for one,  (Ohio Rev. Code § 2907.21).  While the communication to compel might not have to be verbal, it still would not give a person a right to walk up to someone and bring up that conversation subject.     
    So yes, a person, even a police officer does not have a right to simply walk up to someone and start any conversation they want therefore in conclusion, the subject matter of the conversation does matter.  
  8. Downvote
    pg1067 reacted to Kreshay Caswell in Juliano Fernandes needs advice   
    I love my car insurance need any advice please ask me
  9. Like
    pg1067 got a reaction from helpfulperch in Witnessed a hit-and-run but being ID'd as the culprit?   
    Get a report from whom?  A written report?  Verbal report?
    I'm certain that you do lots of things.
    Filed a report with whom?
    Based on what you wrote, it's possible that you'll be arrested and charged with one or more crimes and sued.  It's equally possible that nothing at all will happen.  Obviously, if you're arrested and/or sued, you should retain an attorney.  It might also be a good idea to contact your auto liability insurance carrier and report what happened and what is happening.
  10. Like
    pg1067 got a reaction from Legalwriter_KY in Woman faces 33 years for trafficking charge   
    To the best of my knowledge, no Ohio criminal defense lawyers follow these boards, so it's unlikely you'll get a response from anyone with personal knowledge of actual cases.  Beyond that, and assuming that the time offered is within the range of sentences for the crimes charged, the reasonableness of any sentence obviously depends on the relevant facts and the defendant's prior record.
  11. Like
    pg1067 got a reaction from hr for me in FedEx Express break policy   
    The company did mandate it, so it is obvious that it can do so, and it is legal to do so.
  12. Like
    pg1067 reacted to PayrollHRGuy in Can Creditors take all inheritance if there are outstanding judgements   
    This thread is over 6 years old.  If you have a question please start your own thread.
  13. Downvote
    pg1067 reacted to gofor01 in Legal malpractice   
    I am rasing funds to hire a competent Lawyer who is passionate about the Law and is disgusted by Lawyers who give the profession a bad name.
    I am in the state of Louisiana and if you can practice here and would like to speak to me message me here. 
    please share the link with your colleagues as well.
  14. Downvote
    pg1067 reacted to juliano fernandes in Hot tub purchase, leaks!   
    Honestly Buyer beware on this one. Unless you have it in written he states no issues you are going to be hung out to dry
  15. Upvote
    pg1067 got a reaction from just blue in How do I adopt?   
    Did you really resurrect a year and a half old thread for the sole purpose of posting a bunch of grammatically incoherent blather?
  16. Like
    pg1067 reacted to adjusterjack in Ted Bundy   
    You make a good point. Public perception can result in bias. One can only hope that the prosecution does its job right and that the evidence is sufficient enough to convict (or acquit) in spite of any jury bias.
  17. Downvote
    pg1067 reacted to william james in How do I adopt?   
    a child is the most precious thing to anyone life so it becomes very important to have the legal certainty of the child. and as I can see that your case quite complicated and confusing so you have to contact your nearby family lawyer who can understand your circumstances. 
  18. Downvote
    pg1067 reacted to Giventofly in Does a now-adult child have any special rights to ascertain paternity?   
    So many of you people are just assholes in your responses on this thread to a guy just seeking to know his heritage. Love how a couple of you are arm chair therapists suddenly stating it’s a thinly guided veil to establish a relationship. Clearly the man doesn’t believe he is father and that’s not an option and he just wants to know if he is his father or not. If you don’t have anything helpful to add besides a condescending opinion to OP or telling him how he should talk, please go away

  19. Upvote
    pg1067 got a reaction from adjusterjack in Precedent   
    Under what circumstances would a court disregard precedent?
  20. Upvote
    pg1067 got a reaction from susanwilliams in HOA Possessive Secretary   
    The conduct you're describing likely justifies the dismissal of this secretary, so if I were your husband, I'd be souring the by-laws to find out how to make that happen.  He also can and probably should consult with a local attorney.
  21. Downvote
    pg1067 reacted to Purrralegal in Record sealed per Cal.Crim. Section 1204.5   
    Hay, l gotta be me. And you gotta be you, which rhymes with pork stew, but makes a lot of money. What? Do you own this site or something? I already feel that you're not going to answer my initial question, so after analyzing the elements in the statute, I'll tell you what I think of it. It's something your omnipotent competent ways can easily decipher, so why then do you work there? Check your ego or your equivalent mini-cock at the door.
  22. Downvote
    pg1067 reacted to Purrralegal in Record sealed per Cal.Crim. Section 1204.5   
    Hay, l gotta be me. And you gotta be you, which rhymes with pork stew, but makes a lot of money. What? Do you own this site or something? I already feel that you're not going to answer my initial question, so after analyzing the elements in the statute, I'll tell you what I think of it. It's something your omnipotent competent ways can easily decipher, so why then do you work there? Check your ego or your equivalent mini-cock at the door.
  23. Like
    pg1067 got a reaction from TeaBagz in 6500 motions   
    Depends on what sorts of motions they are (motion to continue trial date, motion to dismiss, motion for summary judgment).  I've spent anywhere from two to over 100 hours on a motion.  If we assume an average motion takes 7.5 hours, then 6,500 motions would take 48,750 hours, which works out to 975 work weeks of 50 hours, which would be just under 20 years of work (assume 2-3 weeks off per year).
    Now...if you want to offer a better explanation of what you're talking about, we may have more input for you.
  24. Upvote
    pg1067 got a reaction from adjusterjack in Dad dies with no will, wife starts probate then dies   
    Saying that they had the "agreement drawn up" slightly contradicts the statement that they "never finished it."  I'll assume that the attorney started to draft the agreement but that it was never completed or signed.  Therefore, it is a meaningless thing.
    Since you said your father didn't have a will, I'm not entirely sure what this means.  Under Washington intestate succession law, when a person dies without a will and is survived by both a spouse and children, the spouse inherits all of the community property and half of the separate property, and the children divide the balance of the separate property.
    We have no way of knowing.
    I think that depends in large part on how much of his $190k estate was separate property, but it can't hurt.
    Your father's wife's share of his estate will go to whomever she designated in her will or, if she didn't have a will, to her heirs under the intestate law.
    I disagree.  There's little or nothing complicated here.
    You just made this up, right?
  25. Downvote
    pg1067 reacted to Rnbwgrl in Sociopath narcissistic abuse   
    I'm sorry but some of you who have replied are being rude. Even if Stacie was stupid, it doesn't give you the right to talk down to her. If you lack tolerance and empathy, keep your criticisms to yourself. I understood her question well enough to realize she was overwhelmed and in emotional pain. I am dealing with a narcissist/sociopath, son-in-law and it has been difficult. He has control over my daughter, who is an alcoholic and can't stay sober. He abuses her in every way. They have four boys who are subjected to their dysfunction on a daily basis. My husband and I are emotionally, physically and financially bankrupt. We are at complete opposite ends regarding how to respond. He is afraid of the outcome of we do seem outside intervention and my fear is what could happen if we don't. We already had custody for a year while they seperated, went the CPS, got sober, reunited and got pregnant with the fourth boy. She stayed sober for two years and relapsed. Child Protective Services doesn't do near enough to help families but it is all that is available. I was required to be a more accountable than they were as a parent. Once the kids are returned, there is very little followup. I feel like my daughter is completely controlled by her husband. He has isolated her from her family and her friends. Because of my involvement, he constantly tries to alienate her from me. Her brother's can't stand him. As a family, we all agree that these boys don't deserve to live like this. We see how each boy is affected and acts out. And this man can make your head spin. So ,I get it Stacie. No one can begin to understand unless they have walked in their shoes. I hope you can reclaim your life and find happiness.
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