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Frequent Legal Questions

Attorney LeBlanc answers legal questions on the site Avvo.com, below is a sample of the recent questions that Attorney LeBlanc has answered.

Q: Is a court order required for a title company to send escrow money to the court ?: Fact...My Divorce decree orders that upon the sale of property the proceeds are to be divided at closing between the parties if one party does not agree on the division can that party and the title company direct that the money/ proceeds in escrow be forwarded and held by the court without any court order directing those escrow proceeds be sent to the court?

A: Lynda’s answer: The escrow company will likely just not disburse if both sellers do not sign off on the distribution. Your decree should state how the proceeds of the sale are to be distributed. If it does not specify, most people would assume that the proceeds would be split equally. If your decree doesn't specify then you need to address that with the court and request clarification. If your decree does specify, then you are stuck with that disbursement.

Since you labeled this uncontested divorce, I am assuming for purposes of this answer that you and your ex submitted an agreement to the court. It is highly unlikely that you will get the court to set aside that agreement, and property division is not modifiable once entered by the court. If there is some other issue, like you and your ex can't agree on reimbursement amounts for the repairs, maintenance, or mortgage payments, then you would need to file a motion with the court asking for clarification and credit for those payments. Depending on how much money you are fighting over, it may be more cost-effective to just let it go.

Q: Is there a legal duty to provide financial support/ health insurance for a disabled child beyond age 18/graduation?: 18-year-old child/ adult is unable to provide for himself, unable to work, unable to do most things we take for granted. What is the parents' duty to provide support for these individuals beyond graduation? Does a parent stop being responsible for life just because the child is 18? He is unable to care for himself and the court has found him incompetent. I have been named Guardian. Why do I have to do this alone without assistance from his father? Is this the norm in all states? Wouldn't the state rather a parent help support a disabled adult instead?

A: Lynda’s answer: You need to speak with a local attorney. If you and the father are not married, then you should be able to seek child support to be extended past the age of termination of support in your state. You may have had to file that petition before your sone reached the age that child support terminated automatically. If you and the father are divorced, it should be able to be done through the divorce court. If there as paternity matter, it can be done through that case.

Q: How to file a divorce when the other party lives in another country?: I live in the US for 7 yrs, and I want to file a divorce. We’re separated for more than 10 yrs now. Our annulment is in process but it will take a while before we get the decision. I’m not sure if I can file by myself or do I need a lawyer since my case is different. Thanks!

A: Lynda’s answer: If you have an annulment in process, you really should talk with an attorney. If the annulment is just through the church, you will need to seek a civil annulment as well (or a divorce). If the annulment has already been filed as a civil matter, the divorce will complicate things as you already have an open case to terminate your marriage. You also need to be aware of how a civil divorce would affect your annulment (if it is through the church). There are self-service forms for filing a basic divorce (dissolution of marriage) on in.gov, however, it sounds like you would greatly benefit from the advice of an attorney in moving forward.

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