Ask A Lawyer
MYVEGAS Magazine is proud to bring you an all new special feature section, where each issue we ask readers to submit questions to our Top Lawyers for their opinions and input on questions you want answered.
Samira Knight of Tarkanian & Knight Law Group
Q: I was divorced four years ago, my ex has been taking deductions from my child support stating that he is making less money now, but in fact he is making more money. Can I take him back to court to re-evaluate the payments and the situation? He also has not followed through with other court ordered things such as Dr. visits, co-pays for our child, etc…
A: The simple answer would be yes. If he is not following a court order, you can take him back to court. He cannot unilaterally change a court order because he feels like he should be paying less. You may want to consider getting set-up with the child support division. Then if he believes that he makes less money, he would have to prove it to them. It would be less expensive and easier for you, than hiring an attorney to fight for back child support.
Q: My ex and I were never married and have been separated over 15 years. He works as a carpenter under the table while collecting unemployment in another state and claims to the judge each time we appear in court that he is now a stay at home dad taking care of his other children and cannot obtain employment. He also doesn’t provide health insurance as the court mandates. I have not had an attorney for quite some time. Is there any way to prove that he is making money under the table in another state, not paying taxes and not paying his child support? And what authority does the DA have in the instance? Is there anything I can do to bring this to the attention of the DA’s office?
A: Yes, you can prove that he is making money under the table. Usually this van be done by a personal investigator, typically ones that focus in accounting and finance. If you have registered your case with the District Attorney’s office, they typically will conduct an investigation beyond the income they report.
Steve Dimopoulos of Steve Dimopoulos Law
Q: I was driving and had an accident. When I called my insurance company they said I was not insured due to a payment not received. My agent says he didn’t get my money but I did drop it off at his office in cash, unfortunately then I lost my receipt. Now the insurance company from the other person wants to sue me. Do I have any defense, or can I sue the agent who took my money and says he didn’t get it? I think the agent who took my payment didn’t apply it to my account and now I do not know what recourse I have, if any. Please advise what can I do moving forward?
A: Proving your insurance company received payment may be difficult based upon the facts presented. Fortunately, proving payment may not be necessary. Some insurance policies and statues require your carrier to notify you of any delinquency before terminating coverage. NRS 687B.320(2) in particular provides that a policy remains effective at least ten days beyond cancelation. Thus, your carrier may be obligated to extend coverage despite your inability to prove payment of your premium.
It is unlikely the insurance company for the other driver has a legitimate claim against you if he or she intends to sue you. Generally, such lawsuits are predicted upon the legal theory of negligence (failure to use reasonable care). Possible defenses include not being at fault for the accident. You did not provide sufficient facts upon which to evaluate the merit of any claims or defenses.
Potential legal theories upon which to sure your agent include embezzlement (misappropriation of funds left in one’s trust); however, proving your case may be difficult as discussed above.