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03-12 8:10 am All Things Legal

Mar 12, 2017|

Doug Sunseri and Michelle Demarest discuss legal issues and answer questions from WWL callers.

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Automatically Generated Transcript (may not be 100% accurate)

Extensive interviews to review of contracts and documents and research of the current state of the law on the issues involved. As a result the information provided by the attorney seemed guests of all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice communications with the attorneys on this program whether verbal our digital do not create an attorney client relationship. A good morning Doug sincerity would Michelle cameras all things legal he gives call 2601872601878. Or Texas at 878878. And will have ask miscue legal question and you'll get an a our response was out a bill. So it's for information purposes only so we got Michelle my wife Michelle them destroying us as point thank you Michelle yeah welcome. And Pakistan. Early this morning hunger is there. The tunnel like this money to what was the purpose of the they like statements Thompson's second week of march. And then it just heard that they said it's really different than just fine in Conan at different times and that your field. Now with while the involuntary that's going to yesterday you know that united gone on vacation. That's right itself. But anyway so a lot of people. That is Clark who think's going to be it's right. And inevitably what happens is. They're going to be a handful people hoops show up at church services. And it's going to be almost over and we wonder why. So the reason why is that we've lost now. But anyway and well. Lot happened in sports. Person I wanted to give kudos to my now ma and belts now. They wanna state basketball championship that beat you are in fact they beat. You guys who Johnny jones' son client and they were pretty much a power this year and you lie on Bedford righteous right on campus and so. Graduation Jean Paul Kelly who you met. Paul Kemp and he's he's he he's principled but he's also basketball coach Aaron and yes and and then now. Assistant coach Brian Cole. Who used. He actually coach immediately actual playground like. Forty years ago by now and he's he's the assistant coaches Dell's now and he did he beat great job and do you know last summit will ask you this course I did work but I didn't. You do when LSU and they'll sell one say they passed while championship I think in 1986. In order to work with tears and just fallen financial information. But now you know who's on that team. Nan a passionate. Soccer out of three people who were servers while as will Bryant. Who played at Georgetown. Great player at Georgetown and then they had I think her Hankton and the third one you may now. And you know I don't I only wanna mention his bank is I don't wanna give in the big kid again but on administration. A so Charlie may be listening so. The charge they they it long and actually I'll tell us. I was. And law school the time. And I had just been five years removed from dolls now. And as a mark my job in law school as a high school basketball refereed. And so they had the coaches are now on an a from coach umi to let. And it from from from peachtree right. Damage you Timmy coaches at Newman now but he coached at Sanford I assistant coach whose head coach after NASDAQ com. Newman high school and then. I think his Jewish guy Andy who. Key we see in the church sometimes coach to waste time be in Nam he can went on coach you know. They were coach and they'll still sells planes you all to win district that year and between coach to Latin coach time be they get the scratched or referees. Meaning if you don't like or checked on the comeback all. How is lonely only once laughed because they never put you on Dell's Al games because I was the bills program. So I had to do. The city championship our district championship infidels sounds shoe law. At the in 1986 which was very difficult at that line. Because he is just you know more solemn I'm walking into the gym and I'm an refereed street and Joey knew I want to bills now and so is it was it was she's a very hard thing to do. And but anyway that's that was the year nineteen and I had to call to files on Dallas who have these been down. And check in too much. So. But anyway that's. That's last on the line before that I think they came second NC went to hope for played ninety. 76 I was ninth grade. Atlantic exports has really went on and if apart seamless it was that's right. Now do you want it now here's the other global talk August 2 will let people waking up because people think it's 7 o'clock right now so will appear and we'll talk about. We'll talk about two co parent class and with. That you teach. For arm. That often on parent to get divorced it. Agreed to share and then we'll talk about that and also on. But the second big story. Well is coupled it stories was. In this dishonorable radar is that you know maybe. NCAA. Big audience. Two March Madness and it's exciting and the idea they were there or they played last night they were. They're in a golf golf's the gulf south conference. And they were picked ninth common ninth in the conference. And ended up winning the regular season conference. And then yeah and then next they won the tournament and got automatic bid to the NCAA I think that's the only team Louisiana is gonna make it. Today to paint job big crowd and they played in the season. ES and L. Now. They're down. But the star in the build something because. You and o.s as apex when coach temple it was there in the late eighties. And it hits in Ervin Johnson not magic in the other Ervin Johnson hit Tony Harris. In haste to draw very very well. And then. In. And then they'd they'd get success that you restart because which they tic price. And I think last time they made the playoffs with Nick Price was coach in the 96. And then after that Katrina solemn. Why the program. Damage program on it and then. This is solvent is this just coming back from that and so that was. Jim Miller. Former saints vice president kept the program alive right at the Katrina. I'm actually wrote a book on about how we kept the you know our athletic program alive and then. Now so that they've been this payments. Clawing back. It into effect they were taken out of division one sports and they came back into it. And now they there was supposed to come in ninth and they ended up bomb and then make in this case which is more than any other team in the line and in Louisiana so. Congratulations groups. Routes plus enter and the crew every rep sent new wall in the big dance and I'll find out where their client. This afternoon. And the third the seat belts in the Brandon cooks got rated. We add an encouraged her LSU or getting an need to get analyst Johnny just got Johnny Jones cut got bomb. Hard and released released. Or separate separate from his import. Oh. Vietnam. Yeah and the assistance is right they so we had that happen and the other top sports story which. Started to Brandon cooks for which we heard when we're going to the what pregnant try to tires on innocent people quite upset. Yeah I think there. I know. He's kind of he's a game changer in one is that this is just my opinion one of the things that made the saints Ron. From 062. Ten. Well even heir to that one hit Darren Sproles as she hit a player that could take day. The nine play and make it touched in fact for the Oakland Raiders game you remember the first game. Basically Drew Brees was with two Euro bond European back in -- true basically little bomb. Fade route. 22 cooks in up on any yours he had that type. Ability to. Just do a lot of things that. Both players can't he could take an average play maker of the touchdown brought that dimension to use the same kind of demands that Reggie Bush had. That's one of the things that drew preach to get a two home. And then they could make apply. Bob with his feet and there's very few players in NFL do that and did those type of Brandon cooks players for and few between. It just given it his he has speed athletic ability ability catch. And they just made that decision and he's expendable much like it is with Jimmy Graham com. Yeah the fans were upset and I think they part with upset them as they thought they can get more and I think the other part was. If you wanna trade someone. If you let it be known that he's on the market. And you going to trade him you values and go wait wait now slicks on a piece of real stay. If if if if you sell real state in his known that you have to sell real state by the end of the mall. The buyers an awful last than they would then he says look I'll keep it on the market. That is not a good if it's not a good off from content and keep the second thing to an end in Hillary's and mine right Ronnie desperate. Or write in an end so. I think a lot of the fan bases this point with that. Finish es he's a player they traded up effect. In ninth in 2014. They trade out for him they gave up day there and 27 position that Friday after they want to playoffs. With the good Rob Ryan year and they lost to Seattle. In the second round of playoffs. Is they trade up gave away a third round pick to trade up from 2070 point. And then he uses Hughes came out a year early. And he's in the sending player I mean his best years are ahead of mine I'm like Jimmy Graham which they thought is that usual behind him. And physically now he might not have denied catches next year of them on yours yours but he's going to get better. And so that that's. That is was a lot of difficulty that. The home. I guess fan base itself. You know I guess we just got to trust than there was things that behind the scenes that we didn't know that happened and we just have to see how it works out so. But I think the initial. The initial reaction was. No was. We they got a Mon chi and some area. Surprise that the emotions and the people's remarks as Christians as illustrations that show on the back and a lot of people burger at this point and I guess again it remains to be seen. But the area but we're legal shows who we're gonna talk some. We'll talk. We will we just compete chance people wake up but you can get is call 2601872601. They certainly are Texas 878 avenue we'll be right back there is pre come out hey were backed exits are Michelle Obama's all things they give us call 2601 a seven year Texas at 87878. Got Michelle them personal life. Who's responded to call and Albert's done here I'll tell you why later. But. We got a text that says is there any recourse if a parent does not make any attempt to see their children for year. Well. Is it really depends if there's a consent judgments. That begins said that awards either custodial visitation custodial time wore on fiscal time war. A visitation if it's a sole custody judgment then it's a contempt issue. But am you know Anderson there's other stuff like let's say that the child lives that the mom in the mom's tree married. And that step dad once Tuesday and move for a step parent adoption. If that if another parent has an attempt to deceive their child for a year indoor hasn't paid child support and it's really six month period. Then that leads the way to opening to a first apparent option without the consent of the of the fun. So. Now let's say. Let's talk about this realistically that's say that age dad or mom or parent. Has visitation of a child. Wants wants to every two weeks every other weekend at his capacity to Augusta video physical costly time. And they don't wanna see. Tennis talent issue as it's not that it's not a choice. Or application. That now but how does that really won't work throw me if if a parent does it once he child is a court order to make. A parent. Wanna see that child or. All may two parent take custody of the child I mean is it from a realistic or product price and. Attic situation and it really see how they can but it is a content issue and they did it quartz do you have the right to order. Imprisonment in a time sir exit to have timer are fine. But it Maria in reality. If you have a parent that distance now when it's heated town really think about it. Where is the child's best interest to be the parent who doesn't wanna be with him. More so and. In and that's my point because. I think sometimes we do get calls saint dance for us to take the child all moms mystic child on the weekend. And they don't want the parent doesn't wanna do it and the court you know that the consent judgment on the judge of course is supposed to. You know old can make the court do that mean you can technically request a court to do that put. Do you read you know on the other hand do you really wanna put your child with a parent who doesn't want. To be with its. And I still don't think it's coming to mind is in in me down. Calculation of child support if he had a parent that has. Continual contact a lot of times that courts will give that parent at 12%. He can try to get him in the pocket where it hurts to read to use that 12% cut. For that time. But you know zone from a client at a time as did the courts or the courts can only do so much are we really can't micromanage lives right. Was that I think that comes in the point is that. Basically when you do a child support order. From physical cost these splitting up visitation. Issues basically parameters. For the child to the be with their parents but they can't get into the minutia. Of what do cars unless it's really. You know bylines and topple ball release up to in the dead you know in the a violation of laws something that's really happening bad to the child. And we can't create the court can create good parents where none. Where that apparent as it doesn't have the ability to pay. And we we can weaken says schedules we can set payment schedules weaken said they eat and custody time schedules. But we can't change people's personalities and we can't change how people you can't change parenting style which can't change paring staff are low. What we're doing in the 22 I am I mean they're gonna need rain 224 is we teach a co parenting class. Which gives people the tools with which they need to co parent. On the and I've seen lives change and it but again and last seen at he'd have a parent who just does not want to spend time at their child. In the courts or the courts are you know their hands on what can they do. What an and one of the things we like he'd tell clients that situation is they can just set the general parameters. That they can't. I guess you say mark managed or make the other parent that pair. And and what a lot of people think was an outlet that that his or her rights determining. Yeah not talk about our violent. All right well we're gonna go to a CBS break and then we go on to. And local news we're back about four minutes so they tune in all things legal we'll see in about four minutes their curse CBS update all right we're back that commentary job are resulting legal gives call at 2601 Anthony or Texas at 87878. And you know LSU baseball got mentioned that. Jarrett who said. Who's almost he threw to he threw one no hitter the second game he went to ninth inning with a note here. In his next game. Pitched a shutout in this time he went seven hours 77 innings pitching that's. Well he. He's not he's pitched 28. Inning so four with document opera which is just me. So graduates and Sharon me to throw two back to backs no hitters uses. So often that happens once a century. So. And very expensive and now also Albert's here's more now. And Alberts actually prepared for saint Patrick's. Parade. In this right off the matter route. And so we do yearly is we tell listeners that if if Albert got first ball Albert's. Stock though. With adult beverages the party so. In fact I think Alpert probably. Prepare for prohibition. So. We always tell tells listeners that if you buy Albert's house you can just walked in. Just don't even tell who your largest U listener. And industry to back it is much student. Adult beverage as you want and say Euro listener and it's okay. So on just on the ducks had eight so if or he appreciate it I don't think it's it's it's we've we've we've we've inviting the entire. Metropolitan there are ten hours house just just walking carrying out. So are the factory food to their rates but am is that there are you if you walk in his like users there's a front room kitchen and in this ball. Apart so just go straight there it is program. A beverage or have a model that though that effort has no big deal. That it was OK Ian. Just in juries so there you go oh I guess the rain will be out here by then so. All right let's go to that taxed. On sir wade protects from outward but in the meantime. I've got to Texas that would a parent there's another country cheeses or cannot afford to seed its. That provides support. Again again we get into a lot of people come and they say you know Lance chairman name out five the other parents rights in. That's just that's just that option and our law unless they can do it if the child becomes. You know I adjudicated child in need of care but that's a whole different that's a whole different animal. If here if you have a parent he'd just cannot see a child or chooses not to seat child. Net that parent will with a child can move for sole custody said he the parent can't doesn't have. The right to make. Decisions about the child's life. But that's about Meeks and cheek and he cannot terminate a parents right it's against public policy but we called the bastard eyes children. You don't want to terminate a parents right and unless you have a step parent coming in to adopt that child and that's different animal team that's called an intra family adoption. But we don't terminate parents' rights in this state that. You know what question do you get from people is. I'm not I'm behind much I'll sports oh constancy much are those are two separate things CNET how that pain for how to tease him if things don't go hand in. But it's always nice. When you don't permit to it's. To have been painfully honest house important states in the get upset when you don't they did but we do have eaten there many parent out there who are paying child support. And either have. Period no no visitation time because of whatever situations might be on on a case. Or supervised visitation very restricted visitation and they felt that came out I need to obligation to pay ten support that and again it's like. In just to clarify too. It is a lot times some wild wolf first well if you behind on your child support. The courts as long as you're trying to make payments try to make up they usually will work with. No work with here yeah I mean Aaron I've had our court before. You know I had it at Klein who is very behind on his passport application. And rather than wacky name in adding more than need to pay a month but they did what our court day and I think it was I think it was a great to decision is. She'd put it on the backhand. So where the allegation but it stopped and a child reaching eighteen. There were two more years of payment rather than adding it to his monthly payment man they just extended it which is gonna be and you know in the best interest of the child and Iannetta dad's not to stress that Casey has an obligation he can afford. So the courts if even if you do get our hearts that never a good idea get you know that's and it should be the first thing that you take care of in your priority. Finances but. If you get in that situation. As long as you attempting to make payments. You just not pain any thing the course will have more attention to work with you in trying to pay me. Right but if you get into a situation mark Oliver says in let's say he even have a 500 dollar a month child support war and that was based on the job you had and you lost your job you became disabled. You have an obligation to going to court and ask the court to modify that judgment if he'd just step start pain in last stop pain it is it contempt issue. You have an obligation to let the court now hey allies that job my house parties to be reduced you can't reduce our near. Cuts that. Now we have another Texas as can you people be elected as the power of returning for an elderly parent. No I love when people ask me you know I hit a yen dual dual agency. Until however attorneys if I was elements like have a nine. Because if they don't and grade thing you've got nobody making that decision. Everything comes back sports and have tea and death he figured. I. And one and a coach says we have two quarterbacks. In the mix that means we have non gay yeah. Because if you meaning. You need one quarterback when you Ronde offense. And same thing with that as along with your point is if you have you can do it it's legally permissible. To have to people's nature liked you people who isn't exactly your inner and then in a command a state. He can do it is no legal prohibition. But sometimes that causes more problems. Than it solves because it does to people disagree. On what to do. Then you're at a standoff. Right ice like when I'm doing people's escape plan Maine and the I have I have a client who doesn't want wrap heard any child's feelings or any pain. I was county you have to that the feelings aside in depict the child to pick different a pick whomever you think is going to be did best job. Because if you can't deal with that with emotions and you really have to deal with pragmatic. Who's going to be the best person to put charging you finances who's gonna be the best person to put in charge of your medical decisions. If you can't make this decision to send more. Video. So I tell you this non U went ballistic call scoot to sharks got a question regarding Charles were HRQ and all things lead with ducks and Sarah Michelle hammers. Thank you pick him up on call. And find out. Whatever you go to court in year you're told to pay child support. Which are paying child support and eager. And you XY one values the child. I mean Indian but when every YouTube with the child support enforcement people. All they knew it is they stated there for the rights of the child that. Immigrant. Thing. It's illegal and it never bored an enemy out. I mean it's played out in court and a unit played out in and you know and now a situation where. You know you tell them not being a child and they don't care about that they don't care that he can't teach out you know and Ito. You know I can't which I thought it was ticker back. The court. Well I mean taker court but then you go back in the child support enforcement people can over. You're you whatever it. Chal. Well it would Wear on trying to come up. Beard whatever you worked out with the court score visitation and child support I get over that in any time. It's just that it came packaged it stay here. Feel for the course only for the most part but it's also that he just seemed like if that means for the rights of the child. And they should be able to listen. So both parents and just the white because sometimes. You know all the delight can be. Complete Maine cold I'm being divorced store where. But let me answer your question first of all. Child support quarter non non support court. Yeah only jurisdiction in dealing with money they did not have authority. To deal with custody or visitation in anyway she performed. And they are really not for the rights of the child they are for the rights of the states. Best eight. Moves forward on child support because they have a vested interests. You have parents supporting their children because at that parents aren't supporting their children and their status required to step in and that is the State's interest. While a lot of times the state. The mother will be sitting with a steak rest assured this state is represented their interests are not representing the mom's interest at all. If a parent wants to if if a parent goes into court and winds to see a child they need to go to the other court system. Any I mean. Chuck chuck I tell you what can you hold the second we are go to break and will will take up this discussion right after his pre Thomas who just hold on chuck. We'll be right back all things legal right if his brief time out they were back with the show cameras exits are all things legal let's go back to chuck. And chuck head is discussing he has issued child support enforcement court which is steals with money. But also he's now getting access to his child. And he wants to know how to deal with it in through the court has subject correct jock. Well known that thing uses is out within. When he evil evil evil and it thing is is is mature now I mean. The problem is. Is it the problem that most guys are complain about and nobody listened and opinion their and you go back to court to do it is. But yet it in which which people from the YXY. Has complaint she just goes to child support enforcement and you won't. Every and mostly we. Can go back or. Evaluation. And an Antalya. In the court system and especially. I'd like Kennedy's why is over and and this Tammany parish and and she uses she unit victimized I mean. Because I there was no one and the story. Well well a lot of men willing got a minutes of these baby book and her. Sure there would only it was oh there. She had custody. They look questioner at a late use. And the weapon went to jail tighten our back checks and stuff. And anyway they can't give them money and taking custody of his daughter. And they continued to do current money belongs in jail and they get ticker. The court. We had a child support enforcement people as well jets Guinea which on the guy. It just continue. You know you're going for the money. And as well as let it get away with it and just continue and then they would stop the payments. You know public. That point in Chile is. That that they've kind of made it to where the world and in predictor in this situation. And in if that the world and wants more money she's got the go to court and all four who doorstep because I mean. There for four years at the same job. Right right right right right yeah well I mean we we we hear that. And I mean I don't think it's a gender issue I mean it's genders should eat at all in my hand when of people excited about other people's cases they have no idea what actually was gone on in the background. If Kennedy's wife Vicki Kennedy she's here have such as agreed to have to say enjoyed EC. Are are here in officers commissioners are hamstrung about what that line ism at the state debt. You know will this. It once somebody gets caught up in the states that it can be hard to navigate through. But the truth is at least in saint Tammany parish at CNET. Five and will address that after next the next hour but will be back for break text Jerry show there are assaulting we will be right back after his brief time out all right we're back we've got about twenty seconds we're gonna go to NASA news in the local news Wu right back ramble along on the first segment. So stay tuned for our number two and all things legal. So let's see you then stay tune that Nash in his local news to you about ten minutes and all things legal.

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