cocounselor23

I am not sure if I am doing this correctly, but I am offering to answer general legal questions, similar to the people offering finance, tax, investment advice. I am an attorney practicing in Colorado and have a wide range of knowledge on legal matters. Feel free to ask me anything.

Disclaimer: Per ethical rules, you need to know that there is no substitute for seeking legal advice from an attorney in your area. My practice is limited to the State of Colorado and each state has different laws. I may be able to point you in the right direction or provide you with a copy of the relevant statute in your area, however. Nevertheless, my advice will be general in nature and no attorney-client relationship is implied.

lurkette

I have a general question about wills.

ratbastid and I don't have any kids, so we never really thought about having a will. If anything were to happen to both of us, who'd be in charge of our "estate" - our house, pets, bills, assets, etc?

What does it take to make out a simple will, and how do we appoint someone to be the executors? How about a living will?

__________________
"If ten million people believe a foolish thing, it is still a foolish thing."

- Anatole France

Cynthetiq

Great question...

I need to do the same thing also...

__________________
I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not.

cocounselor23

Honestly, it is very simple and cheap to execute a will, but if you do not have one, each state has a probate/estate code that will decide how your estate will pass and who will be the executor. In most states, the surviving spouse has priority to be appointed as the executor and you petition the court for that appointment. The court will then typically issue a document (sometimes called "letters") that gives the surviving spouse the authority to deal with the assets. The benefit with a Will is that there is no question who will be the executor and you can also state that no bond will be required. Sometimes, without a Will, the court will ask the executor to post a bond.

Something else you shoud know. People are sometimes wary of the word probate, but in most states it is not a big deal, but there are ways to avoid probate altogether. Probate is usually opened when there is an asset that does not pass directly to a designated beneficiary, so if all of your assets have designated beneficiaries, no probate. For example, with a house, you might have it in joint tenancy versus tenancy in common. With joint tenancy, when one of the parties dies, the property passes automatically to the surviving joint tenant without any need for probate. Most spouses hold property this way. You can do the same with bank acounts by creating a Payable on Death (POD) designation. Some people create trusts, which also avoids probate and provides some other benefits. A lot of this depends on the size of your estate because there are some tax issues that might need to be considered.

There are some online sites and software you can use to create your own Will for next to nothing. The forms themselves are easy and cheap, but there are issues that need to be considered and that is why, in my opinion, it is best to consult an attorney. For example, we had a client that did their own Will and wanted to leave everything to his wife, but forgot that his children were on title with him on some real property and bank accounts. Evben though his Will stated the contrary, these assets passed to his children from a prior marriage and the spouse received very little.

Also, you mentioned a "living will" and this document basically states what your wishes are if you are certified as having an injury, disease, or illness which is not curable or reversible and which, in the physician's judgment, is a terminal condition, and you are basically being kept alive by artificial nourishment and life support. Some people opt to "pull the plug" in this case. Other people want life support to continue for a period of time. It helps to have this document because your family member sthen know your wishes. In conjunction with this docuemnt, we usually prepare a financial and health care power of attorney. These are also very important to have, They basically designate one person to be your agent if you are disabled. For example, if you were in a car accident and the physicians treating you wanted to know who had the decisions regarding your treatment, this document would make it clear that it is your spouse or whomever else you might designate. It would also allow your spouse to handle your financial affairs during your disability, without having to go through the courts.

I recommend calling a few estate planning attorneys in your area and seeing what they charge. You might be surprised. We charge $500.00 for a simple estate plan for 2 spouses with everything I mentioned above. I hope this helps.

ARTelevision

Thanks for doing this, cocounselor23.
Much appreciated!

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create evolution

cocounselor23

I am glad to offer it, but I have not had much inquiry yet. Maybe it needs more exposure?? Thanks ARTelevision!!

cocounselor23

I am glad to offer it, but I have not had much inquiry yet. Maybe it needs more exposure?? Thanks ARTelevision!!

tritium

To LLC or to Incorporate for a small, one-man web design business? What are the benefits and downsides to each option (LLC, Inc, or not)? Is the process complicated? Do I really need an attourney?

Background: I run a 1-man operation. I design and maintain websites for clients in a variety of industries. The business requires that I maintain a webserver which I pay for basically out of my income. I will eventually have to turn over the keys to certain aspects of my customer's website (content maintenance, if they don't have a service contract through me) and I'm a little concerned about subsequent content on the server. Not that the clients I have now would put anything negative/illegal/libelous on the server, but if their FTP passwords were social-engineered or hacked out of them...

I'd like a little protection for my work too. I generate FAQs and other technical manuals on a variety of topics and I'd like to have them copyrighted. I think it might be easier if they were registered to the web design company. I'd like to register domain-names under a business' name too (privacy).

I've also found that many large and medium-size businesses would prefer to do business with a registered INC (seems safer to them, perhaps?).

Could you provide me some generalized information regarding how and why can setup an LLC? What are primary differences between an LCC and an INC? Which is less hassle for a 1-man operation? How does thsi influence my taxes and bottom line? Are there any serious reasons *not* to do this?

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Blah.

cocounselor23

Tritium-

Good questions. An LLC is very simple to do and you do not need an attorney. However, you may be suprised that the cost of setting up an LLC is not that expensive through an attorney and may give you better peace of mind.

Some Basics:

An LLC is really just a new breed of partnership that gives you individual liability protection, the same protection (more or less) that is afforded to officers, directors and shareholders of a corporation. The LLC is the "hot" form of business entity because relatively simple to form and maintain. For tax purposes an LLC is a "pass through entity," meaning that the income and expenses get reported on your 1040 tax return. The benefit with an LLC is there is no tax at the entity level, as there would be with a C corporation. All income from an LLC is income taxable and you also pay self employment tax (15.3% to social security and medicare). However, you can also deduct all of your expenses and depreciate property placed in the LLC. Most states allow a single member LLC and treat it as a "disregarded entity" for tax purposes, meaning again that evrything is taxable directly to you. An LLC can elect tax treatment as a corporation, but this is uncommon. For the business you are in, I think an LLC would be just fine. You can convert to a corporation later if it makes sense. A lot of people also use LLC's to own and ivest in real estate.

CORPORATIONS

Typical corporations are classified as C corporations, but can also elect Subchapter S status, which provides more favorable tax treatment. However, if you are never going to have dividends or own real estate, a C corporation can be fine. For example, our law firm is a C corporation and that is because all income is paid out as salaries and expenses, so there is never a profit. If a C corporation has profit, it usually pays the profit out as dividends and that is where there is unfavorable tax treatment. What happens is the dividends are taxed at the corporate level and then taxed again to the shareholder receiving the dividend. However, if you elect Subchapter S status, you can avoid this double tax. The difference is that a C corporation has more deductions available to it. For example, health insurance and contributions to a retirement plan are deductible to a C corporation, whereas these may not be deductible to the LLC or S corp. One advantage of an S corp over an LLC is that you can pay part of the income out as salary and part out as dividends and the dividends are not double taxed. The benfit of doing this is best shown by example. Let's say business has $200,000.00 in income that can be paid out. If piad to you under LLC, you will pay self employment tax of 15.3% off the top, which is $30,600, so you now have $169,400.00. Let's say you are in 30% tax bracket for IRS, which results in additional tax of $50,820.00, leaving you with $118,580.00. This does not account for any state tax you may have to pay. If you were an S corp, you could conceivably treat $100k as dividends and $100k as salary. On the dividends, you would probably have to treat as ordinary incolme and if taxed at 30%, you end up with $70k from that part. The $100k will be taxed for self employment at 15.3%, leaving you with $84,700.00. Taxed at 30% for income is $25,410, leaving you with $59,290.00. Combined you end up with $129,290.00, which is better than the $118,580.00 you end up if all is treated as salary under LLC method. Yikes!! I know this gets kind of ugly, but I hope it makes sense.

This are gets fairly complicated and is more than I can really go into here, but based on what you have told me, I would recommend that you start with an LLC. Very easy to form and less formalities than that of a corporation. However, if your clients prefer you to be corporation, consider electing treatment as an S corporation for more favorable tax treatment. Most states have websites at the Secretary of State with additional info that you need, including forms for the Articles of Incorporation of Organization, etc. If you tell me what state you are in, I can get you some additional information.

Hope this helps a little. Please forgive any typos as I have not proofread the foregoing.

tritium

I'm in Virginia.

Thanks for all your help, counselor. I get completely lost in generic legalese, but you do an exceptional job of summarizing. I understand things better now.

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Blah.

unoaman

A quick word about online wills. I shopped around and found one I liked. The price is very reasonable, you download it, fill it out, with their assistance if necessary, and don't pay until you file it back with them. Once paid for you receive an official will that you have witnessed, notarized, then put away for safe keeping. I talked to my lawyer about it on the phone and she said it was as good as she could put together, and cheaper to boot!

I won't give the name on here, but would be glad to via private message. Or, just fire up Google, and go for it.

thubpt

Know anything about divorce, or custody laws?

__________________
The knack of flying is learning how to throw yourself at the ground and miss.

--Hitchhikers Guide to the Galaxy

cocounselor23

Yes I do. Ask away.

thubpt

I'm in NC, and I've been separated from my husband for almost 10 months now. 1st question: Do I have to have a lawyer to file for divorce? 2nd question: Original Judgement for custody was that we were to alternate weeks with the girls. We ammended that in Mediation to him having primary custody, and me having every other weekend, and half of the summer (I live 3 hours away, and that was the easiest plan for me.) Now he says he wants to go back to alternating weeks, or he's going to take me to court. What would be a typical judgement when one of the parents lives out of town, and what do you think I should do?

__________________
The knack of flying is learning how to throw yourself at the ground and miss.

--Hitchhikers Guide to the Galaxy

cocounselor23

thupt:

You can represent yourself in filing for divorce, but I do not recommend it for a custody matter. I know it is expensive, but there is a lot to know. Most people represent themselves ("pro se") when there are no contested issues and here there definitely is. Your case is different though in that you are trying to limit your parenting time with the children, whereas most people are fighting for more time. I do not know what you mean by "separation." Was there a court separation or just something done informally? You said "judgment," so I am assuming there was some kind of order initially that was later changed through mediation. Not clear whether court approved the new schedule? If it wasn't court ordered, then either party can try to change the custody arrangement at any time. With your husband (ex) having primary custody and you living 3 hours away, it is very unlikely court would order alternating weeks...too disruptive to school, etc. and the court would likely not require you to drive them 3 hours, etc. However, the court could give you every weekend or something similar. Most likely, unless your husband (ex) can show a compelling reason, the Judge will not alter existing schedule very much. You need to know that in most states, child support is directly related to the amount of time that the children are with each parent. Under the current schedule, my guess is that your husband does not pay you any child support. Does he realize that by asking that you have the children more will likely result in him having to pay child support? In your case, I would sugesst you use the mediation again and see what is recommended. Mediation is not binding, so you are not stuck with what is recommended (usually), but it is always a good thing to hear what the mediator has to say. Here's a link to NC website I found. http://www.nccourts.org/Support/FAQs...=14&language=1

If you google "North Carolina Divorce," there are a lot of websites, but a lot are law firms and they are usually trying to convince you that you really need an attorney. Hope this helps.

thubpt

it's not that I don't want custody of the children, in fact, by the time this goes to trial again, I'll be financially stable enough to afford day care, and might ask for primary custody. I had a lawyer at the first trial, and he did not. The judge gave the ruling for alternating weeks at that time, to which we agreed at an appointed mediator's office to ammend the decision, and the mediator filed it at the court house as an ammendment to the judge's decision.

Thanks a bunch for your advice!

__________________
The knack of flying is learning how to throw yourself at the ground and miss.

--Hitchhikers Guide to the Galaxy

Dawson70

Employment Contracts:
I was considering asking my next employer to draft a employment contract for length of time (ie 24 months). If I am asked to relocate I think this would be fairly reasonable.
Anyways......are they as legal binding as I hope they are? What can you report on these, if any.

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Yippie Ki Ya...

cocounselor23

Dawson: Yes, employment contracts are enforceable. As with any other contract, there has to be sufficient consideration (i.e., each party giving up something of value). Here, you are giving up your right to work elsewhere and in exchange, the employer is paying you. I have a sample employment contract if you want to see it. All employment contracts still say that you can be fired for cause, but you may be able to have a provision that says you are paid for that 24 months irrespective of whether you are fired with or without cause. E-mail me and let me know if you want me to send you an example employment contract that I use.

StormBerlin

Wow, what an awesome thread. Do you know anything about Utah employment laws? Utah is a right to work state so things are a little different here. Do the same rules apply to being fired without reason and things like that? And what exactly does "right to work" mean? The details are a little shady for me. Thanks in advance.

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"if anal sex could get a girl pregnant i'd be tits deep in child support" Arcane

cocounselor23

SB-I am sorry. I do not know anything about Utah law. Do you have a specific question.

StormBerlin

I guess my first question is how is a right to work state different than another state? Do the anti discrimination policies still apply?

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"if anal sex could get a girl pregnant i'd be tits deep in child support" Arcane

cocounselor23

Storm: The right to work policy has more to do with unions and the fact that an employer cannot discriminate against employees if they are in a union. Most discrimination protections are federal statutes and you have the right to be protected from discrimination no matter what sate you live in. Of course, many states also have their own ant-discrimination statutes, but they can never give you less protection than that which is given you by Congress.

CrotchrocketSlm

You know anything about rental laws? I've been living in this house with this girl who turned out to be this total bitch, and I find out about two weeks before she plans on moving out that she's leaving. She wrote the landlord the standard 30 day notice, but she didn't say a damn word to me (I only found out once the landlord came down to confirm). Anything I can do?

Cynthetiq

from most room mate situations I know of (i'm not an attorney but well versed in my rights as a tenant and as a landlord.) and they do vary slightly from state to state.

she has no obligation to tell you she's moving out especially if you both are on the rental agreement.

__________________
I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not.

cocounselor23

Cynthetiq is correct. She has no obligation to tell you she is moving out, however, if you are both on the rental agreement, her unilateral termination of the lease may not be effective as to you rights. You may still be able to argue to the landlord that you want to keep the unit and he probably will allow you to renew the lease, if that is what you want. But, you really have no recourse against the so called "bitch." Look at the silver lining...at least you weren't married to her!

Willravel

My best friend just got a DUI. He was drinking a few beers, underage, and crashed his car on a state highway. He passed the physical test, but flunked the breath test. He was found guilty and had his license suspended. He will not be able to get his license for about a year and a half. He was planning on moving, and had already signed a lease aggrement. He moved, but now he has no way, aside from pedestrian and public transportation, to get around (question is coming, i swear). 1) Is there any way to challenge the one and a half year suspension? He needs to drive to get to work and school and has no priors. 2) Does he, or the state, have action against the person who purchased the alcohol for him ( don't worry, not me)? This person was a former friend who still consistantly buys alcohol for minors. 3) Is there some other type of license he can get temporarily in order to only drive from home to work/school? Thanks for any help you can give. BTW this is in California.

cocounselor23

In California, when arrested, the driver is given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days and (3) a technical explanation of the laws and procedures involved.

CA also has a "Zero Tolerance" policy for drivers under 21, as follows:

VEHICLE CODE SECTION 23140

23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.

(c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court, or judge if there is no clerk, shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803.

Veh. C. §42001(a) sets the fines for vehicle code infractions at $100.00 for a first offense, $200.00 for a second infraction offense in a year, and $250.00 for a third or more infraction offense in a year. Add to these the usual penalty assessment of up to 160% of the fine.

In addition to a fine, under Veh. C. §13202.5(d)(4), the convicted defendant is subject to the mandatory one-year suspension, with a hardship restriction available

Veh. C. §13352.6 was added and Veh. C. §23502 amended by Stats. 2000, Chap. 1063, §2, to require a person over the age of 18 who is convicted of a violation of Veh. C. §23140 to attend the educational component of a first offender DUI Program (see page 10-107), unless there are prior drunk driving convictions. If that's the case, then the full first offender DUI Program is required.

The person's driving privilege is suspended until the program is completed. Since the statute became operative on January 1, 2001, it only applies to offenses committed after that date

Per the above, it does appear that there is a "hardship" exception, but your friend should first call the DMV and see if he can get more information. Usually, It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. However, there may be some way to get a hearing, even at this late date. He may have to hire an attorney to go further.

That's the best I can do.

cocounselor23

Actually, I found some more info...which may help--see below:

If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. Hope that helps

Willravel

He has completed the program (required classes on a weekly basis for some time), and is simply waiting for date he gets his license back.
That REALLY helps. I will tell him imediatally. Thank you very much, and I must say that I appreciate what you're doing.

fallenangel

Cocounsellor23- I'm not sure if you'll have any chance of being much help on this. It's really not a big deal in the grand scheme of things, but i'm younger and on a limited budget, thus i'm going to dispute my stupid speeding ticket tooth and nail.

Do you have much knowledge on Canadian legal procedures for disputing traffic tickets? I don't want to waste time writing this all down, unless you might have a chance at helping or not? Thanks so much! If you're not really sure, don't worry about it, and i'll post in the Canadian Regional forum... Thanks again!

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all I wanna do is - give the best of me to you

cocounselor23

Fallen...I have no idea regarding the procedure for contesting a ticket in Canada...I am sorry. I will tell you that I have done this myself and for friends here and usually the longer you postpone things, the more likely it is that you will get some type of plea bargain. It also helps with auto insurance because the charge does not show up on your driving history until you are convicted. I wish I could be of more help.

fallenangel

Cocounselor23, No worries, thanks for getting back to me anyway!

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all I wanna do is - give the best of me to you

Delirious

Cocounselor23, Are you familiar with Holder in Due Course law?

I live in NY. About 4 years ago I sent a personal check to someone in the state of Washington in the amount of $900 for a virtual item. They cashed the check in a check cashing store and did not deliver the item. I immediately stopped payment on the check and did not lose any money.

Since then the checking cashing store has a collection agency after me who claims I am responsible for it because of holder in due course law. I also found out that they went after the person who cashed the check but that person declared bankruptcy.

Other than telling the collection agency to piss off, is there anything else I could do?

cocounselor23

Delirious:

I do not practice in negotiable instruments and have limited knowledged of the Uniform Commercial Code (UCC) which would apply here. The "Hlder in Due Course" section is at Section 3-302(1)(b)(c) of the UCC and basically says that a bank (or a check cashing facility) is protected from this type of transaction, unless there are defenses. If you look at it from their perspective, they were presented with what appeared to be a valid check and they cashed it and gave the money to the crook. You then stopped payment on the check and they are left holding the bag. There may be defenses for you , however, especially considering it is a check cashing store and not a bank. I would imagine that a good amount of the checks presented at these check cashing store are counterfeit in one way or another.

UCC §§ 3-302(1) provides that a holder in due course is a holder who takes the instrument for value, in good faith, and without notice that it is overdue or has been dishonored or of any defense against or claim to it on the part of any person. Code §§ 1-201(19) defines "good faith" as honesty in fact in the conduct or transaction concerned, and Code §§ 1-201(25) provides that a person has "notice" of a fact when (a) he has actual knowledge of it; or (b) he has received a notice or notification of it; or (c) from all the facts and circumstances known to him at the time in
question, he has reason to know that it exists. In general, the test for determining good faith is not the objective one of prudence, due care, negligence, diligence, or failure to inquire, but a subjective one of knowledge of facts which render the taking dishonest. While knowledge of facts sufficient to cause one of ordinary prudence to make inquiry is not evidence of bad faith, a purchaser may not purposely refrain from making inquiry which would result in knowledge of a defense.

So, in your case, it's possible that you could argue that the check cashing place should have known that the check could have been bad. Some cases have held that a bank that immediately cashes a check for a customer, knowing that the customer has a history of bounced checks and being overdrawn, is not a holder in due course because they had reason to knwo that the check might not have been good. The other cosnideration is that the collection agency should frist get a judgment against you in court before it tries to collect and it does not sound like that has happened. You could tell them that they cannot enforce collection until they get a court ordered judgment. You could also go against the person that stiffed you, even if he has filed for bankruptcy, because fraud is not covered by bankruptcy protection.

This is a lot of trouble for $900.00 or so though. I would highly suggest that you try to negotiate a settlement with them, by offering 50-60% of what they claim is owed and make sure they remove any derogatory information from your credit report. Get it in writing.

Delirious

Being that this was 4 years ago and it's not on my credit report yet I doubt it will ever be.

I spoke to the the credit agency and they had the nerve to accuse me of doing this on purpose.

There was something in the Holder in Due Course law about bankruptcy being a way out of it.

Anyhow I appreciate the assistance and I guess the collection agency can keep sending me mail for all I care.

anleja

Hi, it'd be great if you could help me with this. Following is what I copied from a seperate thread I made a few minutes ago, before I saw this. Thanks for doing this for people, you seem pretty educated about quite a few things.



My wife moved out with her son (from previous relationship) in March. I was left to care for our daughter. I want a divorce, but can not currently afford it, as I am barely making enough money for rent, childcare, food, etc., plus it does not help that my wife does not have a job, which means I get no child support. I am in the process of moving into a better situation which will allow me to have more money, so I figured I could file towards mid-October. State law says the divorce is not final until half a year after the original filing, so about April 2005.

She told me yesterday she is 17 weeks pregnant, due around mid February. To my knowledge the dad is out of the picture.

I was thinking that this doesn't really concern me, other than my daughter is going to have ANOTHER half-sibling. But, I mentioned her pregnancy to my daughter's day care provider, and she said that as long as we are legally married this is legally my kid, especially if the real dad is out of the picture.

Now, I ask, is this true? I can supply more details if desired.

cocounselor23

Anleja:

I know of no state law that would support the finding that just because you are married, the child is legally yours. What the provider probably meant to say is that there is a presumption that the child is legally yours, but the presumption is rebuttable. Please let me know what state you are in and I can review the statutes. You are probably going to have to request a paternity test to prove you are not the father. Unfortunately, the law puts the burden on you to prove you are not the father and not vice versa. By the way, most states have a provision allowing you to file without paying a filing fee if you can prove you meet the income criteria.

anleja

Thanks for the prompt response!

To answer your question, I live in Michigan.

Thanks once more.

cocounselor23

Anleja: The relevant statute section is MCLA 722.711 and I have donwloaded a copy if you want. Basically, you will need to get a court determination that the child is "born out of wedlock," meaning the child is not biologically yours. You should really look into getting some legal help as quickly as possible, as it appears that if you are married when the child is born, there is a presumption of legitimacy and your name goes on the birth certificate. You can still fight it at this point, but I think it would be much easier to initiate the divorce now and see if you can be divorced by the time the child is born. If mom tries to say you are the father and liable for child support, you can then get a paternity (DNA) test. Here is a link to the Michigan Court website, which has some additional information. Hope this helps: http://www.courts.mi.gov/

clavus

Sales Tax collection / Contract question:

My employer is a Virginia-based corporation. I work in CA. We sold a machine to a company in California. The contract read that the buyer was responsible for sales tax. (roughly $24,000) I know that if he doesn't pay it, we are on the hook for the tax.

My question is, assuming he does not pay it, and we do, how do we go about collecting from him? Multiple small-claims filings? Can a VA company do that to a CA company?

My employer is a very small company and the owners are somewhat retarded. We have no legal department. I think at some point, they will ask me what I think we should do.

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