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Fill Baptismal posted:This might be a dumb question, but are the people awarded relief in class action lawsuits public record? Where would I look to find such a list if it is public record? Been poking around on the court website but haven't had success so far. The class composition and relief awarded to each individual member is not public record. The class administrator would have this information and they are not going to give it to you without a court order. At most they may give you an estimated class size and estimated average relief but I'd think it unlikely. If you want to know why they chose those dates for the cut off, you can read the complaint, the class settlement documents, and the court's order on the class settlement. Chances are the date runs from when the Statute of limitations began to the date when the motion for approval of class settlement was filed
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Sep 14, 2021 20:38
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I have some questions about divorce and the process of finding a lawyer for the law goons. I'm in Los Angeles and my partner is dealing with an abusive ex who they are still legally married to (with mediation date to finalize divorce in October) The ex and partner have two children together and were therefore entitled to a tax credit of $7200 (3600 per child under 6). My partner received 3600 but the ex is claiming that he is owed half of that, even though it is clearly already halved. My partner also received a decent size legal settlement while they were living together and subsequently spent it on rent, food, and childcare. The ex is now threatening that he has a divorce lawyer who told him he is entitled to half that settlement amount and he will go after my partner in court if we don't give him the $1800 he claims is 'his' Now I'm no lawyer but my understanding is that in divorce you split current assets, you don't get to demand half of money that was already spent on joint family things. It feels like he's trying to extort us for $1800 with empty threats, but I'd like to hear from some people who know the law if A) His claims have any merit B) If it is worthwhile to retain legal defense/advice now or wait to see if he actually files anything, especially given that we probably can't afford a lot of legal fees Thanks!
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Sep 15, 2021 21:32
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Mince Pieface posted:I have some questions about divorce and the process of finding a lawyer for the law goons. His claims having merit is something you would need to take to an attorney so all the facts could get reviewed. California is a community property state so it's probably gonna come down to timing and date of separation, poo poo is very much fact specific. The legal settlement may be considered community property, there would need to be more information about the claim, when the cause of action arose, and when it was paid out in relation to when they were together or when they separated. If partner spent it all during the marriage then talk to the attorney about that as well. Edit: but don't post that poo poo here, go talk to an attorney. Check in with local legal aid or county bar association for resources. If there's been abuse then there are DV organizations in the area that have legal advice resources as well. Edit2: like generally it is assets and debts being split but the timing could determine if it is separate or community property. Family law is fun. Eminent Domain fucked around with this message at 21:52 on Sep 15, 2021 |
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Sep 15, 2021 21:44
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Eminent Domain posted:His claims having merit is something you would need to take to an attorney so all the facts could get reviewed. California is a community property state so it's probably gonna come down to timing and date of separation, poo poo is very much fact specific. Thanks for the reply! We're both continuing to look into legal aid or affordable resources. Unfortunately LAFLA (the la legal aid foundation) we already contacted and they said they probably couldn't take the case because of the extreme caseload they are only accepting cases with a restraining order, which they said we probably couldn't get because there was no threat to bodily health 😕 But, I'll keep looking since it seems like a good idea to talk to an attorney sooner rather than later.
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Sep 15, 2021 22:24
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Check in with Peace Over Violence as well if you haven't yet, they're the other abuse org I recall in the vicinity with a legal department.
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Sep 16, 2021 00:33
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quote:The ex and partner have two children together and were therefore entitled to a tax credit of $7200 (3600 per child under 6). My partner received 3600 but the ex is claiming that he is owed half of that, even though it is clearly already halved. You get half up front and half on the 2021 return. Finish the divorce before 12/31.
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Sep 16, 2021 01:53
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quote:The ex and partner have two children together and were therefore entitled to a tax credit of $7200 (3600 per child under 6). My partner received 3600 but the ex is claiming that he is owed half of that, even though it is clearly already halved. You get half up front and half on the 2021 return. Finish the divorce before 12/31. Or have her file HoH.
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Sep 16, 2021 01:53
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Custody question: My husband moved out over four months ago and still hasn’t found an apartment, so he is living with his parents. We had mediation that went nowhere today because he wants to split physical custody. I want full physical custody because we have a two year old and a three month old, we own the house we are living in, and it’s a safe environment. I have no idea where he’s going to end up living and I don’t think he should have custody until they are older. Would a judge award split custody to a dad who doesn’t have a place to live?
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Sep 16, 2021 03:02
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Koivunen posted:Custody question: My husband moved out over four months ago and still hasn’t found an apartment, so he is living with his parents. We had mediation that went nowhere today because he wants to split physical custody. I want full physical custody because we have a two year old and a three month old, we own the house we are living in, and it’s a safe environment. I have no idea where he’s going to end up living and I don’t think he should have custody until they are older. Don’t know where you are but most states follow “best interests of the child.” Are you divorced or only separated? Is there any order already in place? Since he just moved out I doubt it. You need a lawyer, especially with two kids and a house it sounds like you own with him. It seems like you are very early in the process to be mediating things.
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Sep 16, 2021 03:08
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Phil Moscowitz posted:Don’t know where you are but most states follow “best interests of the child.” Are you divorced or only separated? Is there any order already in place? Since he just moved out I doubt it. We separated four months ago after I found out he was having an affair and didn’t want to stop seeing the other woman. I have an attorney who drafted the admission of service, and my husband signed it. Custody is one big sticking point we can’t agree on. It just doesn’t make sense to me that he should have any kind of custody without a place to live, my lawyer agrees. He can see his kids whenever he wants, but I’m not comfortable awarding any kind of custody until I know what his living situation is going to be like. I haven’t been able to get through to him that it just plain doesn’t make any sense for me to not have full physical at this point in time, especially since they are so little, and I guess I’m just looking for anecdotal evidence that I’m not completely irrational.
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Sep 16, 2021 03:49
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Koivunen posted:We separated four months ago after I found out he was having an affair and didn’t want to stop seeing the other woman. I have an attorney who drafted the admission of service, and my husband signed it. Custody is one big sticking point we can’t agree on. It just doesn’t make sense to me that he should have any kind of custody without a place to live, my lawyer agrees. He can see his kids whenever he wants, but I’m not comfortable awarding any kind of custody until I know what his living situation is going to be like. I haven’t been able to get through to him that it just plain doesn’t make any sense for me to not have full physical at this point in time, especially since they are so little, and I guess I’m just looking for anecdotal evidence that I’m not completely irrational. As someone with a non standard sharing situation and an amicable ex, you could always set a condition in the agreement you make in mediation that custody gets revisited after X amount of time or a change in living situation on his end. I assume you would need to give the court an amended agreement if and when you make a change but that's straightforward and a lawyer could tell you what would need to be done for that. E: not a lawyer, just a divorcee Volmarias fucked around with this message at 04:08 on Sep 16, 2021 |
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Sep 16, 2021 04:04
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sullat posted:You get half up front and half on the 2021 return. Finish the divorce before 12/31. Or have her file HoH. Since this is partly a tax question, I feel I should chime in with one warning here. The IRS in general doesn't really care about agreements and such when these disputes come up, they look to what are called tiebreaker rules for claiming dependents. First is parent vs. nonparent; parent always wins over non-parent. If both are parents or both are nonparents, then it goes to days in custody (or more accurately nights in custody; if the kids visit during the day but don't spend the night, that doesn't count). If that isn't sufficient to determine it, then they default to who has the higher AGI (i.e. gets more tax benefit). Now, I bring this up because I've seen a lot of jerks in bad splits file taxes claiming kids they haven't even seen much less had custody of, so it's probably worth filing as soon as you're sure you have all the documents. Otherwise the return might fail to e-file with an error of "child with this SSN claimed on another return". When that happens you generally have to mail your return in, and then the IRS will send letters asking for proof of custody (usually things like school or medical records that show the kid's address as being with you). Once they have the info they can award it to the correct person, but that can take a while (holding the refund up to boot) and I understand the IRS can be kind of lovely about stopping them from repeating the same thing in future years unfortunately. Anyway, hopefully paranoia here, but when I see arguments about child tax credit come up I start looking for that kind of crap possibly popping up too. Oh, and the HoH thing is accurate; in the event the divorce is not finalized before 12/31 and your partner meets the rest of the Head of Household requirements (which includes paying at least half the cost of the actual home they and the kids are living in; if you're fronting all the rent/mortgage/utilities/etc. they can't actually file as HoH, that's not just "single parent" filing status), if the two of them lived apart entirely for the last six months of the year you can count as legally unmarried for tax purposes, which is a big help considering how married filing separately screws up a lot of things on the return that are AGI dependent.
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Sep 22, 2021 02:29
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Someone in my extended family is getting a divorce and it got messy. They subpoenaed everyone at a thanksgiving dinner from a year ago for a deposition which includes me and 30 or so other people. I've had to do this before as an expert witness is family court going to be any different?
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Sep 25, 2021 00:01
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“The term ‘stuffing’ is so ambiguous that you can’t picture in your mind what stuffing is in an family gathering setting?”
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Sep 25, 2021 00:45
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Expert witness ?
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Sep 25, 2021 00:45
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euphronius posted:Expert witness ? Yes, for criminal cases. I've fortunately never had to deal with divorce or custody stuff myself until now.
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Sep 25, 2021 01:06
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Guy Axlerod posted:“The term ‘stuffing’ is so ambiguous that you can’t picture in your mind what stuffing is in an family gathering setting?” My FiL’s story from the days of yore in medicine is that if a patient was being troublesome/crazy/etc, the physician seeing the patient would often doodle bird tracks on the margins of the chart, indicating the patient was a turkey, so the next physician/nurse to see them would have some warning. That practice eventually had to come to an end since it would often come up during a lawsuit, they’d have to explain why they doodled that particular doodle on the chart and why it was always that doodle and only on certain patients’ charts, specific patients, repeatedly.
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Sep 25, 2021 01:16
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I wonder what the subpoena-ing party thinks that will accomplish, other than making 30 people who didn't care before hate them
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Sep 25, 2021 01:18
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We've asked and they're completely out of their mind. Literally everything bad is a plot done by the other party. Bird poo poo on the car? Spouse deliberately fed the birds laxative and placed them in the tree. Milk went sour in the fridge? Spouse broke into the house and turned the fridge temperature up then came back to put it back at the original temperature. Didn't win with your special lottery numbers? Spouse hacked into the lottery and changed the numbers.  Apparently whatever super genius legal maneuver this is will awe the judge into granting full custody of the kids and the insane list of demands they've shown all of us. The only thing missing is a gold-fringed flag. I don't want to deal with this stupid nonsense but I assume the punishment for ignoring a subpoena is the same here as it would be in a criminal case.
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Sep 25, 2021 01:28
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Azuth0667 posted:We've asked and they're completely out of their mind. Literally everything bad is a plot done by the other party. Bird poo poo on the car? Spouse deliberately fed the birds laxative and placed them in the tree. Milk went sour in the fridge? Spouse broke into the house and turned the fridge temperature up then came back to put it back at the original temperature. Didn't win with your special lottery numbers? Spouse hacked into the lottery and changed the numbers. yeah don’t ignore it you might all be able to chip in for a lawyer to file a motion to quash them though
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Sep 25, 2021 01:32
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really wanna hear how this Thanksgiving dinner subpoena turns out!
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Sep 25, 2021 16:58
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Did you eat the turkey? With or without cranberry sauce? Was the sauce the gelatin in the can or home made? And in your opinion was the turkey dry?
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Sep 25, 2021 17:02
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therobit posted:And in your opinion was the turkey dry? “Yes, he had a terrible sense of humor.”
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Sep 25, 2021 17:09
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“Can you define “turkey”?”
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Sep 25, 2021 20:54
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Javid posted:I wonder what the subpoena-ing party thinks that will accomplish, other than making 30 people who didn't care before hate them If it wasn't an insane client, my guess would be it was designed to show the other side that "we got a whole bunch of witnesses and they're all going to say something that your client doesn't want them to say." in order to try and force a settlement of resolution of some kind
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Sep 26, 2021 00:23
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Expert dinner witness
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Sep 26, 2021 01:47
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Maybe the insane clients attorney is maliciously complying with his client's demands. "OK I'll subpoena all of them, and bill you for it." Actually that's a really important question. Is the other side acting pro se or do they have an attorney
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Sep 26, 2021 05:50
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Hieronymous Alloy posted:Maybe the insane clients attorney is maliciously complying with his client's demands. "OK I'll subpoena all of them, and bill you for it." No way a pro se can figure out how to subpoena one person, let alone 30.
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Sep 26, 2021 15:36
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They both have an attorney.
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Sep 26, 2021 18:19
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Legally speaking, if some super old famous quarterback had both his legs completely obliterated and decided to invest in some top notch robot legs, would the NFL allow them to still play even if it was an unfair advantage?
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Sep 26, 2021 22:48
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sadus posted:Legally speaking, if some super old famous quarterback had both his legs completely obliterated and decided to invest in some top notch robot legs, would the NFL allow them to still play even if it was an unfair advantage? A quarterback whose name sounds like Moe Johntannah, you mean? I suspect you could get Airbud rules for one game.
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Sep 26, 2021 23:00
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They made rules requiring a normal shaped shoe after that one kicker, I’m sure they would institute “normal, meat-based legs” rules as well. Unless it made more money for all their players to have robot legs. Then that would be the requirement.
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Sep 26, 2021 23:45
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sadus posted:Legally speaking, if some super old famous quarterback had both his legs completely obliterated and decided to invest in some top notch robot legs, would the NFL allow them to still play even if it was an unfair advantage? Yes of course - you see the platonic ideal of robot players on every Fox broadcast. They would only pay him in proportion to his meat parts though, kind of like in superbaseball 2020
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Sep 27, 2021 05:41
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HYPOTHETICALLY, say I got a thing saying I should fill out a survey to maybe be called for jury duty sometime in the next year. What, if anything, would be the consequences of ignoring this?
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Sep 28, 2021 18:58
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OPAONI posted:HYPOTHETICALLY, say I got a thing saying I should fill out a survey to maybe be called for jury duty sometime in the next year. What, if anything, would be the consequences of ignoring this? They’ll call you for jury duty whether or not you fill out the survey, but you’ll have missed the chance to express any of your restrictions or preferences.
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Sep 28, 2021 19:18
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AlbieQuirky posted:They’ll call you for jury duty whether or not you fill out the survey, but you’ll have missed the chance to express any of your restrictions or preferences. Is objecting to the whole enterprise of American brutality at the hands of the ruling class grounds to be excluded from Jury duty?
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Sep 28, 2021 20:04
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OPAONI posted:Is objecting to the whole enterprise of American brutality at the hands of the ruling class grounds to be excluded from Jury duty? Or you could go put forth some effort, serve your civic duty, and vote to acquit some minority being railroaded by the brutal criminal legal system.
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Sep 28, 2021 20:12
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OPAONI posted:Is objecting to the whole enterprise of American brutality at the hands of the ruling class grounds to be excluded from Jury duty? By being a turd on a log and doing nothing, you're not objecting, you're just being a turd on a log. Mr. Nice! posted:Or you could go put forth some effort, serve your civic duty, and vote to acquit some minority being railroaded by the brutal criminal legal system.
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Sep 28, 2021 20:18
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OPAONI posted:Is objecting to the whole enterprise of American brutality at the hands of the ruling class grounds to be excluded from Jury duty? Man, this right here might be the purest form of slacktavism I've ever seen
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Sep 28, 2021 21:03
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OPAONI posted:Is objecting to the whole enterprise of American brutality at the hands of the ruling class grounds to be excluded from Jury duty? Thank goodness, you're stepping away from the one place where as a private citizen you can actually, reasonably expect to stop that steamroller if you choose. How bold!
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Sep 28, 2021 21:53
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