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How does the constitution provide for a strong federal government while upholding individual states rights? law answers (496633)

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Q: 

Pre-op transgender as one party in a divorce

A:  Laymans take:   NY essentially requires fault or a clear separation for a divorce --I think she well advised to study up or beter yet use counsel. Lack of consort may not be precisely on target  but abandonment or formal separation may be. If wife and child left state long ago NY may NOT be the correct jurisdiction as to custody in a divorce action so be careful. If you tread on lack of consort as an issue be careful who is being denied! Its a tough topic to navigate w/o counsel. You friend would still need to pay child support? And were I calling the shots --ones duty to provide for ones child thru age 21 in NY would come AHEAD of costs one incurs for any sort of elective surgery! The cause of action for divorce in New York state (accusations against...

Q: 

Clear the muddy water

A:  "When an att. objects to pro per proceeding for son in civil case (PI rearended), how does the pro per respond? I mean, is it always a motion before the judge? or can it be a declaration included with the motion. I have done some research, now do I put it in memorandum w/ ps & as?" Depends on the context of the objection. If the objection is made in a motion, respond in the opposition. If the objection is made in an opposition, respond in the reply. If the objection is made in open court, respond on the spot. Sounds like the judge expects a written response (e.g., a submission on pleading paper). One possible way to title it would be "Plaintiff ___'s Response to Defendant's Objection Regarding Plaintiff's In Pro Per...

Q: 

does this sound right..

A:  does the judge take into account her household income? I assume that your ex is married or living with someone? If so, his income does NOT factor into it. Unfortunately, subsequent children often do not do figure into the CS obligation to the first child. Your fiance also has some responsibility to support her child and that's how the court is going to look at it. She may need to cut back her hours at school to part-time and get a job. Having a child often does limit options. Time for a reality check here. Your child support is about 13% of your gross. From what I have seen, that amount seems to be in the ballpark of what most judges would award. That's only @15% of your gross. Sounds about right; some...

Q: 

How American court is prescribed in evaluating eyewitnesses' testimonies?

A:  On Mon, 06 Mar 2006 21:02:15 +0300, Andrei Medvedev wrote: Things I find interesting is that common law is more detailed, court''s decisions tend to be based on more detailed analysis and common sense (sometimes irrelevant to the actual legislations - the fact which is unusual to me) and that many useful answers are already given in previously held cases. Don''t get too excited about "case law". In theory, case law may be fine but in practice it has lead to some bizarre decisions. I am interested have you any precedents which prescribe to the court how to evaluate eyewitnesses'' testimonies in a criminal case, where one witness is a police officer (one who initiated the action) and...

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Commission checks- Is a % of income ever awarded?

A:  You will want to make sure that tax returns are included with the financial statements. The percentage will never "slide" according to what he makes. That''s where the tax returns come into play. An average monthly amount will be calculated and the CS will be a percentage based on the monthly net income. Here is some more info for you to become familiar with: http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm 154.061. COMPUTING NET MONTHLY INCOME. (a) Whenever feasible, gross income should first be computed on an annual basis and then should be recalculated to determine average monthly gross income. 154.062. NET RESOURCES. (a) The court shall calculate net resources for the purpose of determining child support liability as provided by this section. (b)...

Q: 

"terminated" for not complying with schedule change?

A:  Bryan, the employer makes the schedule, not the employee. By refusing to work the schedule set by your manager you essentially quit. Whether you get the UI insurnance or not is dependent on the state you live in, but most wouldn''t consider paying it. Bryan, the employer makes the schedule, not the employee. By refusing to work the schedule set by your manager you essentially quit. Whether you get the UI insurnance or not is dependent on the state you live in, but most wouldn''t consider paying it. Thanks for the reply. I live in California. It just seems weird how I can work the same schedule for a year, then be fired for not being able to work the next sunday that I normally had off and already made plans for. Oh well, I''m going to give them hell at the hearing next month! Next time...

Q: 

sister keeping will a secret

A:  Laymans take: Well if the will wasn't filed for probate then it isn't yet an official will and nobody is empowered to do anything under its terms! Once probated the will is "public" --it it was probated--go read it! If Sis did the will off the internt then there is a good chance the will is mechanically defective and isn't suitable for probate--if challanged... One way to cut the Gordian Knot is to file under intestacy to manage Moms affairs! Check it out. The insurance policy should have been paid as per what the policy said--not the will unless policy said pay my estate. "She (sister)had a will made on the internet and refuses to let anyone in the family see the will." That's okay. Talk with a local estate-probate attorney about filing...

Q: 

a sales tax question

A:  ''1. does the employee have to include the value of the "uniform" in their income tax filing? First, for the federal taxes.'' That depends on what kind of uniform it is and what the arrangement is. Is the uniform something you could wear outside of work? And if you leave the company, do you have to give the uniform back? '' Second, am I correct to guess that the answer varies at the state level?'' Yes. ''2. does the employee, upon giving a "free" uniform, have the obligation to pay sale taxe on the cost. Like if the employer "gave" them a shirt worth $10'' Probably not, but again this depends on state law....

Q: 

A life disaster. Crime of moral turpitude? :(

A:  First of all, thanks a lot for your reply. It was rather unlucky to be intercepted by police, and it wasnt a crackdown on downloaders. The problem was, that in order to download those files, I used a file server, which required contributions. Instead of a contribution, I loaded it with fake files, which police suspected to be of a same nature without bothering to check. So when they came to my place, they were disappointed by false assumption since they couldnt find what they wanted to find. They took all of my computers and are now holding it for investigation. They released me on tentative summons on my own recognisance. So basically Im not charged yet and police doesnt have much of incentive to hurry things up (It all happed in midsummer). Cant describe how...

Q: 

Divorce papers withdrawn: will a record remain?

A:  Hi, My wife filed for divorce in Jan 2009 but now she is thinking of withdrawn her divorce petition; The Court said they are 4 month behind so, the current stage of the application is that the petition is "awaiting" a Court date; I am in Citizenship proceedings, next April I will have to show up for my Citizenship interview; is it possible to withdrawn a Divorce petition in in 2 weeks? How a withdrawn is done? Will a record remain in Court? The reason I am asking is because if the divorce is withdrawn I have chances to pass the interview; on the other end if a divorce is filed while on Citizenship proceedings, the interview will be denied; thank you for your advice Your wife can file a motion to dismiss. She can ask the court clerk how long it should take. Yes, a record will...