Tenancy By The Entirety

Question: Can I have a temporary guardian, and transfer child support to them? I'm 14 years old. My mother is emotionally abusive, and is neglectful. It's a long story, and I'd rather not rant about it. Anyways, my parents are divorced and so my 16 year old sister and I live with my Mom. She gets child support from my Dad. I was wondering if it would be possible that a close friend of mine could have temporary custody of me. I'd rather not live with my Dad because he's just gone too often and probably wouldn't take me in anyways. But if my custody was transferred to my friend, could my child support be transferred over with it? I was also wondering if I could get my custody changed because of the circumstances I'm under. My Mother is very emotionally abusive, and has been physically abusive a few times in the past. She doesn't have any drug/alcohol issues though. She does have an addiction to dating sites if that would count? She will neglect my needs when she's on the computer. She basically wakes up, gets on her dating sites, yells at me, gets back on, goes to smoke, gets back on, eats, gets back on, then it's bed time. It's not an exaggeration, I'm dead serious.

Answer: Not likely, unless it is a relative. There is no money for teh states to pay for guardians in this economy.

Question: I have a temporary protection order for a year. No orders for child support, do I have to pay support?

Answer: no, but when you finally do start to pay after you go to court....you will owe from the day you split with your wife. Anyway, you should pay something for your child! Dont you love him/her?

Question: in a child support case, what does "TEMPORARY CONSENT ORDER AND STIPULATION" mean? ok i know this is a bit personal, but i really would like some clarification from a lawyer, or really anyone who has had a child support case and ran into this. so on the case reports online, yesterday it said TEMPORARY CONSENT ORDER AND STIPULATION REGARDING PATERNITY TESTING, SIGNED JUDGE _______" and so far i filed the complaint papers to start the child support case, and it said something about they served "him" with some papers, and now this is the latest thing. we did do a paternity test that came back 99.99% proving that the child is indeed his (like he should have doubted it) and so im just basically wondering what that statement means? am i getting a court date soon or is everything on hold? any help is greatly appreciated! thanks all!

Answer: A permanent resolution will be worked out later.

Question: Receiving temporary assistance & childsupport state takes the support away? My cousin is receiving temporary assistance from the state, she just had foot surgery not long ago, so she is on cash assistance, food, and medical for her and her daughter. She had not rec'd child support for a very long time, like around 9 or 10 months & he was already behind like $5000. Now she is only getting the max she can get from the state (200 food, 300 cash (she has bills to pay from it) & has nothing left after bills are pd. The other day she got a lump sum pymt of child sup of $600. She did not get it, the state took it. They told her it is because of the assistance. In the beginning they told her it whatever was left after arrear have been pd would go to them or if it was past assistance or she owed. See the website below for what it states. It does not mention current assistance. Why would they take it? She hopes they don't take her assistance away, due 2 the fact she did not get the support pymt. http://jfs.ohio.gov/Ocs/faq.stm#pi2

Answer: I know what she's going through, they did the same to me. TANF is more like a loan now, and they will go after the non-custodial parent for all money owed. Unfortunatly, they don't go after them if your not of TANF, they only go after these deadbeat dads if you apply for assistance. I never would have had to go on TANF if I got my childsupport payments like I should have.

Question: Can I use Estoppel by laches to stop Child Support Enforcement from putting liens on my accounts and vehicles? I owe $734 in child support from a temporary court order. Support enforcement will not credit me with $1800 for the 4 months I had custody of my children, even though I had a court order giving me custody. Support Enforcment received notice of every court hearing yet never appeared in court. No final support order was entered because of their failure to appear at any of the hearings. Estoppel by laches precludes a party from bringing an action when the party knowingly failed to claim or enforce a legal right at the proper time. This doctrine is closely related to the concept of statutes of limitations, except that statutes of limitations set specific time limits for legal actions, whereas under laches, generally there is no prescribed time that courts consider "proper." A defendant seeking the protection of laches must demonstrate that the plaintiff's inaction, misrepresentation, or silence prejudiced the defendant or induced the defendant to change positions for the worse. Support enforcement was listed as a party in all of the court papers. The reason is that the ex is on DSHS. My wife is owed over 6500$ for support. Support enforcement will not go after her ex. They continually go after me only because of the ex getting DSHS. WAC 388-14A-6500 Can I use equitable estoppel as a defense in a hearing with the division of child support? (1) Equitable estoppel is available in adjudicative proceedings conducted under this chapter. (2) When a party raises, or the facts indicate, a claim that equitable estoppel applies to a party to the proceeding, the administrative law judge (ALJ) must: (a) Consider equitable estoppel according to the precedents set by reported Washington state appellate case law, where not contrary to public policy; and (b) Enter findings of fact and conclusions of law sufficient to determine if the elements of equitable estoppel are met and apply. (3) The party asserting, or benefitting from, equitable estoppel must prove each element of that defense by clear, cogent and convincing evidence. (4) The ALJ must consider on the record whether a continuance is necessary to allow the parties to prepare to argue equitable estoppel when: (a) A party r (a) A party raises equitable estoppel; or (b) The facts presented require consideration of equitable estoppel. (5) When the ALJ orders a continuance under subsection (4) of this section, the ALJ enters an initial decision and order for current support if: (a) Current support is an issue in the proceeding; and (b) The claim for current support is unaffected by the equitable estoppel defense. (6) The defense of equitable estoppel is not available to a party when the: (a) Party raises the defense against the department's claim for reimbursement of public assistance; and (b) Act or representation forming the basis for an estoppel claim: (i) Was made by a current or former public assistance recipient; (ii) Was made on or after the effective date of the assignment of support rights; and (iii) Purported to waive, satisfy, or discharge a support obligation assigned to the department.

Answer: Child Support "Enforcement" is exactly that, an enforcement agency, not a party to your custody battle. They are charged with carrying out the order of the court, as they understand it. If they don't understand it, and therefore failed to properly credit you, it is your mission to obtain a clear order from the court that they will understand and follow. Laches would not apply here, as 1) the CSE is not a party, and 2) a court will never apply laches to deny a child its right to be supported. EDIT ON YOUR ADDITIONAL FACTS - CSE would be a party under an assignment of rights when the ex has been on public assistance. Your available defenses are found in 388-14A-3370. All of these defenses will be subject to the court's application of what is good public policy. Equitable estoppel is not the same thing as laches. Equitable estoppel would be if someone said to you "Don't worry about the money, you don't owe it" and then later tried to collect it. Laches is sitting on their behinds and not pursuing the claim. You can spend four years of your life trying to figure this out on your own, or you can hire someone who has already spent four years learning the ropes. Please consult a lawyer. If you continue to look to the internet for the answers instead, remember the rule "garbage in, garbage out". Incomplete questions will yield incomplete answers. Good luck to you.

Question: why do they do a "temporary" hearing for child support and visitation? i have a no contact order against ex so chances are that he will NOT see our 10 month old baby at all! this i am very happy for because he's violent. but we make around the same amount (radiology techs) so im sure child support will be set during our first hearing and i am also sueing for lawyer and court costs. But what about the other things Im suieng for, like medical bills and back child support? Will that be settled in the next hearing or now? We live in Houston TX. when do i get a chance to speak of my back child support and medical bills that i need paid?! During the temp hearing or final hearing?

Answer: This is so crazy how things are set up. We just went Thur this. The first hearing will be talking about custody to see if you agree with each other. When you don't they will see who can temporary custody. Then they will a next time to come and try to work things out. They talk about child support at the end... The very end. They wouldn't even talk about past Medical bills we have to go to small claims for that. It sucks. Good luck I hope it goes faster for you . We started in Dec.20 and it ended nov.15th. Crazy yes.

Question: Can I make the ex pay child support from his comingled assets? If an ex husband hides all assets (real estate, property income, etc..)under his new wife's name to avoid paying child support, then quits his job due to a temporary disability, can the community property between him and his new wife be tapped into to pay for child support and/or the arrears?

Answer: No his new wife's income is not and can not be touched for his child support. All that matters when it comes to child support is the income of both biological parents - any other assets are not considered.

Question: What document tells you if you own your property by tenancy in common, tenancy by entirety, etc? Is it somewhere on the mortgage documents or title documents, etc? Who holds the deed? The mortgage company?

Answer: You do not have a copy of your deed? The title company will give you another one, they will charge you 10 bucks or so though.

Question: What needs to be recorded in NY (Nassau) to transfer title in real estate from tenancy by the entirety? What needs to be recorded in NY (Nassau County) to transfer title in real estate from tenancy by the entirety to a surviving spouse's name only (after one spouse has passed away)? I have been told that it is called an executor's deed, but I don't know if that is correct or not. Any help would be appreciated.

Answer: www.craigslist.com

Question: How to change to tenancy by the entirety? My girlfriend and I bought a condo a year and a half ago as a joint tenancy. We have recently been married and want to change the ownership to a tenancy by the entirety. What is involved in this process? Do we need to get a lawyer or can we handle the paperwork ourselves? What paperwork needs to be done?

Answer: Don't try to "save a little bit of money" - don't do this on the "cheap". Do this right and get an Attorney. This SHOULD be fairly easy, and IF it is easy, it shouldn't be expensive. THE best way to find a lawyer is by word of mouth. Ask your: family, friends, coworkers, anyone you might know in the same situation, etc. OR Call your local (usually county) bar association. Ask for names of attorneys that handle Real Estat Law. (If money is a BIG problem, you could also ask for the phone number of your local LegalAid office. - the attorneys at LegalAid are "real" attorneys, but sometimes in the field of Law, how much you are willing to pay does affect the quality you get.) When you call the law office(s), insist on speaking with the Lawyer. Do not tell all the little details of your matter to the Secretary - save the details for the Attorney. When you get the Lawyer on the phone line, ask him/her: -Do they give FREE, initial consultations? (most do, but not all - you have to ask, don't assume) - How much do they charge? - Could you make payments on your account? -Can they help you? OR Refer you to someone who can help you? Good luck. (This is based on my knowledge, information, belief, and life experiences. This was intended as personal opinion, and not intended to be used as legal advice. Seeking advice over the Internet is not a good idea - the field of Law is too complex for that. Please be careful and do your research.)

Question: How can I ensure that the property me and my spouse own is covered by Tenancy By the Entirety? How can I ensure that the property me and my spouse own is covered by Tenancy By the Entirety? We own a condo here in Orlando Florida and we also live here in the Condo here in Orlando Florida as well. Is there any document I need to see or any specific wording the documents need to say? Or is it an assumption of the courts here in Florida that when a married couple owns property that automatically they are covered under the Tenancy By the Entirety law?

Answer: You need to make certain that both properties are titles as tenancies by entirety, because Florida is not a community property state that automatically recognizes curtsy rights upon marriage. The good news is that having a deed re-written is cheap.

Question: is this deed in joint tenacy, tenancy in common or tenacy by entirety? i have a deed to our home property owned by my wife and i but cannot tell if it is held in (1) joint tenancy (which includes the right of survivorship); (2) tenancy in common (which does not have the right of survivorship); or (3) tenancy by the entirety (which exists only between husband and wife, and which includes not only survivorship but "indestructibility.") how do i know which?

Answer: Generally the language at the top will say This deed made this date by and between XXX grantor party of the first part and John Smith and Jane Smith, husband and wife as tenants by the entirety, parties of the 2nd part If no there, down about one paragraph it will list the tenancy (BTW: T/E is not indestructable in every state. Some still require survivorship designation for it to hold as a transfer of property without going thru an estate or probate). Ditto if there is a divorce; that obviously severs t/e

Question: FL, Tenancy by the entirety? the way the law dictionary defines tenancy the entirety http://legal-dictionary.thefreedictionar… This makes me confused because i understood that checking accounts in florida that where marked as tenancy by the entirety are exempt from BK or creditor levie. But if this defanition is true a checking or savings accounts COULDNT fit this defanition. MY original thought was that it would only apply to real property until I found this http://floridaassetprotection.blogs.com/… kroll, I understand federal law ALWAYS supercedes state law.

Answer: T/E only applies to Real estate

Question: the greatest ownership interest a person may have in real property is? a. fee simple absolute b. tenancy by the entirety c. life estate d. vested remainder.

Answer: Fee simple is an estate in land in common law. It is the most common way real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved for governments. Fee simple ownership represents absolute ownership of real property but it is limited by the four basic government powers of taxation, eminent domain, police power, and escheat and could also be limited by certain encumbrances or a condition in the deed. How ownership is limited by these government powers often involves the shift from allodial title to fee simple such as when uniting with other property owners acceding to property restrictions or municipal regulation.

Question: Can someone please explain what this means? I asked a question on a law forum & apparently they think that everyone on there is a walking law dictionary. I got this: you and any other children, if there are any, stand to receive 50% of your father's probate estate after estate administration expenses and any debts are paid. Whether that amounts to anything depends on how he and his wife held title to assets. It is not unusual for spouses to hold assets as joint tenants with right of survivorship (or tenancy by the entirety for real estate) or with the other spouse as a named beneficiary. Assets held in that manner are not part of the probate estate. Can someone tell me in basic terms what this means? Thanks. =] Okay, so what does this mean for property that was left to me in my grandparents' will, but my father had no will? I'm not worried about the house or any of his money- she can keep that. I just want the items that are mine. Here is a link to the question, if it helps: http://forum.freeadvice.com/wills-trusts… Once again, I'm not worried about things that were theirs together. I'm worried about things that were mine & being kept at their house & now she's refusing to hand them over.

Answer: Ok--I'll try to break it down as basic as I can. Probate court = a special court where the state decides (based upon state, federal, local laws and the person's will) how to distribute a dead person's material possessions. And thus, how much money the state will collect in estate taxes, court fees, etc. The probate court also determines who are the legal heirs--thru birth certificates, marriage licenses, etc. and legal instructions (the will), and how much is to be given to each heir. Probate estate = the possessions which the court decides are legally available for distribution to the person's heirs. And thus, are subject to estate taxes, court fees, etc. Tenancy = how two (or more) people decide they will handle the ownership of a property. This can include the following; Sole tenancy~One person owns the property, and the other person is merely a tenant. When the owner dies, the property goes to the owner's probate estate. The tenant must vacate the property once the heirs have sold it, or inform the tenant he/she must vacate. This is usually NOT the case for a husband and wife. In many states, the surviving spouse is automatically guaranteed ownership of the primary residence, regardless. It can vary from state to state, so it's important that people have wills to specify the living arrangements. Even if a couple is married, this is actually NOT a good way to go, as in some states, the home title has to pass thru a probate court, and become subject to estate taxes, before the title transfers to the surviving spouse. (sneaky bastids!) Plus, with blended families, etc. this can get pretty messy. It's often better to legally set up joint tenancy with right to survivorship--even between a husband and wife. ~Joint tenancy with right to survivorship~ legal way of saying that two people own the property together, and whoever dies first, the surviving person then owns the house. It can get tricky, as there are ways that people can delay ownership for their heirs, but not cut them out entirely. Owners can specify that the right to survivorship only lasts until the remaining owner dies, then the families of BOTH owners have to split the proceeds from sale of the house 50-50... It all depends, that's why a real-estate lawyer should be used when people acquire property. ~Tenancy by entirety = Too long to go into here--see link, it's pretty good. http://www.thomasmoens.com/tenancy_by_th… It all depends on how the tenancy was negotiated when your father was alive. ~~~~~~~~~~~~~~~translation~~~~~~~~~~ you and any other children, if there are any, stand to receive 50% of your father's probate estate after estate administration expenses and any debts are paid. Translation: Uncle Sam gets his first. Then, if your father had any credit card debt, or other legal debt (like student loans), the probate court would pay those debts before it did anything else with the money. If there was any money left over, you and your siblings get 50% of what's left to be divided. Someone else (maybe your mother or step mom or a charity?) gets the other 50%. ~~~~~~~~~~~~~translation~~~~~~~~~~~~~~… Whether that amounts to anything depends on how he and his wife held title to assets. It is not unusual for spouses to hold assets as joint tenants with right of survivorship (or tenancy by the entirety for real estate) or with the other spouse as a named beneficiary. Assets held in that manner are not part of the probate estate. Translation: You need to find out how the title to your father's assets was set up. Either a joint tenancy, or tenancy in entirety means that you and your siblings do not get any money from the assets, as those assets are now automatically the property of the other spouse/tenant/owner and do not count as part of the probate estate. ~~~~~~~~~~~~~~~~

Question: Is this an example of tenancy in the entirety or community property? In CA, co-ownership of property acquired during marriage, in which 2 married persons own equal undivided interest in the prop and upon one tenants death the prop passes to the other by right of survivorship. Or could it be tenancy in common? (i'm pretty sure it's not this one though..)

Answer: Still needs to go through probate, but jointly owned property will probably go to the surviving joint owner AS LONG AS THERE WAS NO WILL saying that deceased share goes to someone else.