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Binding Non-Disclosure Agreements And More Free Legal Advice – Free Joe 2/17/12

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On Tuesdays and Fridays, attorney Joe Escalante answers legal questions for free on the LegalZoom Facebook Page. Did you miss the last Free Joe? Don’t worry. We’ve got it all right here.

Carload: Are non disclosure agreements really binding between a manufacturer and an inventor?

Joe Escalante: Not all the time. Some NDAs have enforceability problems due to being over-burdensome and denying someone the right to make a living.

Eddie: I work for a University in Indiana. My children can go to college for free because of a benefit I have. Is my ex required to still pay for part of the education for my kids by cutting me a check? By the way she is a blood sucking leech! Also, when she hit me with the divorce she also hit me with bankruptcy. My house still has not foreclosed on and its been 3.5 years. Is there anything I can do to finish that up? I keep getting the run around from the bank, sheriffs department, my bankruptcy attorney. Thanks!

Joe Escalante: You need a divorce attorney to play hardball and make her come to the table with some concessions. That’s the bottom line.

Patricia: Writing in for legal advice. Husband and i r separated he moved out. just got separation and settlement papers . They are such a joke. bought a trailer home for 2.000 in July he wants 14.000 for me to keep it. saw lawyer told me not to sign paper. That we really don’t own anything worth a lot of money sadly its true. cant afford a lawyer .sent a letter to his lawyer saying i will not sign. What is the next step in this process. Should i maybe take the chance and let the judge do the splitting of property.we have been separated since the middle of October2011.was told if i don’t agree to sign we have to wait a year . Have also been told my husband is trying to buy property now will this be a joint property even that he moved out. live in Virgina.What r the steps that divorce usually take thank you……

Joe Escalante: He’ll have a tough time buying property for himself while your still married so you have some leverage. Don’t sign it, make a counter offer of what makes sense to you. If he doesn’t accept it, the courts can get more involved. You should at least talk to a divorce attorney. Sometimes, if you have no income outside the marriage, the attorney can petition the court to have your spouse put up some cash for your legal fees.

Angel: My ex-husband an I have 2 kids an I was awarded custody of the Kids (he had visits) an child support, medical, an he was suposed to pick the kids up for the summer an bring them back. The child surport divison in fl was supposely helping me but all they did was send me a letter once a year asking me did i still want to pursue it I always marked yes..nothing. The kids are grown now an he’s was receiving disablty all the time for him an the kids( i never got one dime) also a couple of times him an his new wife filed their taxes before me an claimed 1 of the kids so they kicked my taxes back an i had to redo them. He still gets ss disabilty. Can i still get the child support from him? Will they take it out of his check? Do i have to hire a lawyer on my own? I would have done this a long time ago but i was a single mom supporting our 2 kids an just didnt have time cause i worked all the time. We were married in Ocean Springs Ms in 1980 the kids are 30 & 28.

Joe Escalante: If he didn’t pay the court ordered child support, you should go to the court in Florida with jurisdiction over the order and petition the court to order him to pay. This is best done with an attorney, but it wont hurt for you to make some phone calls and find out what the process will involve, in case you cannot afford an attorney. However, if there are substantial assets to go after, and he owes you a lot, you might be able to get an attorney to take it on a contingency basis. Good luck.

Sue: I am separated from my husband, on good terms, Is it right for me to be on the tax filing as married with him,? I believe I do as we are still married. No separation papers just living separatly

Joe Escalante: This is a question for your tax professional.

Alexia: I have a question…I recently received a redlight camera violation in the state of Illinois. It was legit, I blew the red light, so I paid the ticket. I received another notice in the mail indicating that it was late and I would be charged a $100.00 late fee (on a $100 ticket, mind you). I checked my bank and my check didn’t clear. So I issued another $100 check to the township and explained that I stopped payment on my first check issued (which was ontime). They are still demanding the $100 late fee! This late fee seems excessive at 100% of the initial fine! Do I have a legal leg to stand on?

Joe Escalante: You really need to go into the court and speak with the judge. Bring all your evidence that the fine was at least attempted to be paid on time and I think you will be fine.

Holly: If there is a judgement against you on your credit report and you’re fulfilled your obligation, how can you get it off your credit report?

Joe Escalante: Judgments against you do show up on credit reports. How to remove it? If it was false, you can. But theoretically people who might extend credit to you would have a right to know if you had a judgment entered against you in a court. The theory being that you don’t pay things sometimes unless the creditor goes to the trouble of getting a court ordered judgment against you.

Rhonda: I have been trying to get this question answered for weeks! Can I change the beneficiaries on a life insurance policy that is in my name, but my husband pays for through his place of employment? The company tells me that he is the only one who can make changes, and he refuses to honor my wishes.

Joe Escalante: I would have to see the policy. If I took out life insurance on someone and paid the premiums, I’d be doing that so that I could get the benefit if they died. Otherwise, I’d spend the money on candy and comic books and stuff. Why waste it on those pesky premiums? Read the policy, and all the paperwork with them. If someone from the insurance agency says you can’t change it, have them show you the paperwork that supports this claim.

TiJay: Isn’t illegal for someone, especially in law enforcement to refuse a process server?….twice?

Joe Escalante: It’s bad form, but it’s not illegal. You’ll get him eventually. Tell his supervisor you are having trouble locating him.

Jon: I am wondering what the process for child support review is. The amount currently paid was set back when the dad was in high school…times have changed…is there any fighting it unless the amount is beyond reasonable? Thank you

Joe Escalante: You can always petition the court to change an order of support to accommodate changing circumstances, even in Texas.

Ashleii: Hi I have a 17 year old who lives in the Philippines. He was born a citizen when he left abroad. I heard that he needs to come back to the states before he turns 18 otherwise he will lose his citizenship? Is that true?

Joe Escalante: He has birthright citizenship if he was born in the U.S. He can’t lose that unless he renounces it or becomes a terrorist.

Casey: When Talking about the Military Oath… the Hierarchy is that the Constitution First, President Second and Commanding Officer 3… Is it Legal for the President to NOT hold up the Constitution and Force Military Active Duty into Warfare without a the Declaration of war from Congress?

Joe Escalante: It happens all the time. Clinton did it in Kosovo. Obama did it in Libya. Technically the War Powers Act of 1973 demands that the President notify congress within 48 hours if there’s some kind of emergency action that the president feels is necessary but not worthy of an actual declaration of war. Then there are some rules about how long troops can stay involved in the “action.”

LegalZoom: That’s it for Free Joe Friday! Join us again next week for more free legal advice from Barely Legal Radio w/ Joe Escalante and have a great weekend!

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February 21st, 2012 at 5:27 am