what roles do states have in making abortion laws?
very little because of roe v wade has made it more of a federal matter. every state law that is passed will automatically be filed against in federal court. that is part of the reason why pro life movement wants roe over turned. so that the states and the.
what’s the max that a landlord can charge for late fees?
if a tenant is past the 5 day grace period alotted by law what the maximum dollar amount that the landlord can charge for a daily late fee? It is set by state law, county law or city ordinance. Check with your county. – Here in Florida the.
When does state law supercede Federal law?
Federal law is, by virtue of the constitution, the ‘law of the land,’ meaning that it supersedes in every instance where they may pass laws covering the same issue. On things like minimum wage, it’s not really an issue of superseding; if federal law says it must be $5.15 or more,.
Where does it say in indiana state law that i have to stand for the pledge at my school?
I know i have the right not to stand but i want to print off something and give it to my teacher as proof for my right. Though I disagree with your actions, I will fight to the death to.
which law supercededs state or federal?
federal law says in order for states to receive grants for assistance with needy families that if the person who receives cash assistance from the state receives child support then the child support is waived and goes to the state. but state law says that the custodial parent has no right to waive.
wondering what the penalty is for being accused of assault on a family meber when there are no marks no eviden
Assault does not only have to be physical, it can also be administered mentally. – There are no legal ‘penalties’ for accusations. Your daddy may tan your hide regardless. – Depending on state law, assault could be.
(VT Shootings) How many people could these crazy people kill if ever one had guns?
If any of the students or faculty had been exercising their right to conceal carry under state law the killer could have been stopped before he killed that many people. Why does everyone seem to over look this. Why do people only get one.
Can states pass laws in opposition to federal laws?
This is a general question concerning the case where the state law might be passed after the federal law existed and is in exact opposition to the federal law. Also, what would the consequences be for the state and for violators of the federal law? No. The ‘Supremacy Clause’ of.
Constitution of the United States is the foundation of the laws of this country.Why state law so different?
I recently moved to a city with my family and rottwieler. Man and his children have taunted & hit my dog.Lock disapearing ect. they even stole our cat over the past winter. The police would only file one report and the.
Federal law states that it is illegal to use certain drugs (marijuana). Some states allow medical marijuana.
if the fedral govrn. wants to have the state law unconstitutional by a court what argument would the federal government make? ANY COP THAT WOULD BUST A MED MARIJUANA PATIENT IS A BOTTOMFEEDER AND A COWARD! – They would just say that.
Has the law passed that sex offenders can not live with in a 1,000 feet of a school rember i live in sidney oh
Yes, a while ago. It’s a state law. Here’s a report about the unsuccessful challenge to the law. http://publicdefender.typepad.com/public.state law – It has here, and I live in California. – I’m from.
How old do you have to be to own a Gun In the United States?
Depending on state law, by federal law 18 for a long gun, 21 for a handgun. And of course, you can’t be a druggie, an illegal, a convicted felon, or have any domestic violence issues. – To legally own a firearm you must.
I was fired for a supposed positive drug screen i need advice?
they told me that my drug screen was positive, but i never saw any paperwork on it. in iowa there is a state law that says they must send a certified letter stating results and how to protest the results. i never recieved any such letter(iowa code.
If the legal age of concent in my state is 16, why must anyone in a porno be 18 or older?
consent for private sex and consent for a public affair is two different things. plus in this matter your parents still have jursidiction over you – the money is what changes it. – You’re confusing state law.
If you commit a crime in Washington D.C. that is typically considered a state crime is it a federal crime?
Yeah I’m just curious I’m not planning to commit a crime or anything. Federal Crime, there is no state law in DC because they are not a state. However, there is a separate appeals circuit just for DC and.
If your name is on the lease, can your roomate have you removed from it or kick you out?
I am asking about this in ragards to Gergia state law only. If my roomate and I both have our names on the lease for our apartment, and my roomate is the only one paying bills (due to the fact.
In the state of Missouri, is your landlord allowed to come on the property in the house without permission?
We are paid full on rent, we never signed a lease b/c he didn’t make us ? W hat is a renter’s rights? Thanks for any help!! It might be in state law, but it usually a part of your.
Is it legal for my wife of age 20 to.?
consume alchohol in our home on our property, I am 31 and I live in Missouri, who knows this state law Whatever you do behind doors, is your own business. Have fun!! – Beyond the cradle robbing thing — no — technically she is not of legal drinking age..
Labor law- how many paid breaks do you get?
Most are mandated by state law. A general rule of thumb is 4hrs – one 10 minute break 6 hrs – one 10 minute break, 1/2 hour paid or unpaid meal break 8 hrs – 2 ten minute breaks, 1/2 hour meal break, paid or unpaid. – none -.
More State law questions please visit : LawFreeFAQ.com
By: lawfaq
Posts Tagged ‘Child Support’
State law Q&A
December 23rd, 2009Divorce and Family Law Case Update
November 20th, 2009Cost of Living Increase
Evidence presented to the trial court indicated that the cost of supporting a child had substantially increased and that defendant’s income had substantially increased so as to enable him to pay this additional amount; in light of this evidence it was error for the trial court not to order the defendant to pay modified amount plaintiff sought for child support.
Death of Obligor Subsection (c) of this section provides that the obligation to support, unless otherwise agreed in writing or provided in the judgment, will survive the death of the parent obliged to provide child support and seeks to protect the dependent child of divorced parents from loss of support through disinheritance, a loss from which a child of non-divorced parents is indirectly insulated.
An order under 750 ILCS 5/513 for education and maintenance of a child, whether of minor or majority age, is intended to be included within subsection (c) the same as a support order and is not terminated by the death of a parent obligated to pay for these expenses. An order of support for a non-minor child, although only to be granted under special circumstances under 750 ILCS 5/513 is the same as any other order of support and does not terminate upon the death of the parent obligated to pay the support unless otherwise agreed in writing or expressly provided in the judgment. Subsection (c) authorize modification of child support, when a parent obligated to pay support dies, “to the extent just and appropriate in the circumstances”; however, no modification of a support order is warranted where the decedent has adequately provided for the children.
No modification of a support order is warranted where the person obligated to pay support has adequately provided for the children in a testamentary device. Subsection (c) of this section seeks to protect the dependent child of divorced parents from loss of support through disinheritance, a loss from which a child of nondivorced parents is indirectly insulated; a divorced parent is still free the disinherit a child of his divorced marriage, subject only to the limited obligation of support. Since an original decree made no provision for support of the minor children by the father, the former wife’s petition filed after the father’s death constituted in effect an effort to enforce a claim against plaintiff’s estate for child support unrelated to the divorce decree, and, since the death of the plaintiff rendered it impossible for the trial court to enter any personal decree against him, there could be no basis for granting relief provided by an amended decree under former Ill.Rev.Stat., ch. 40, para. 19.
Delayed modification
Where at the time the petition for modification was filed, the defendant was receiving his full salary, he had incurred additional expenses because of a heart attack, but he had also recently received an inheritance, the trial court properly found that reduction of his alimony and support payments was not justified at the time of the filing of the petition, but that a modification was justified effective six months later.
Determination
Support should be determined by accommodating the needs of the children with the available means of the parties.
By: David Siegel
