Is a lie by ommission to make it seem like a legal offices services are required legal? A friend was researching using a sperm donor she knows to do IVF. she got concerned when she read this website's legal 'advice' They basically say that unlike most states PA has no law that says a sperm donor is not considered the legal father if he donates through a clinic, and lacking such a law the situation comes down to case law which will be ruled based off of the specifics of the case; with the clear implication that even donating at a doctor offices has a high chance to lead to the sperm donor being considered the legal father. What they fail to mention is that the case law in this situation seems pretty clear, as there is already a ruling stating that a donation through a clinic does not make a sperm donor the legal father. So unless I'm misunderstanding what looks to be a pretty clear cut example of case law it would seem that the legal office's website is quite misleading, and likely this is done intentionally as fear mongering to scare people into using their legal office to have a contract written up to protect them. This is extra ironic because as far as I can tell by scanning the previous brief it looks like PA case law falls strongly on the side of not respecting donor contracts (though I haven't fully researched the fact, the presidents the brief cites definitely support the idea that parent's can't sign away their child's right), so it seems like the firm is misleading people about the law so they can offer to write contracts that likely won't be respected. I know the website is not technically lying in what they say, but it seems intentional misleading. I doubt a legal firm would break the law so blatantly, so I assume the claims on the website must be legal. However, that surprises me since what little I do know about common law situations it seems like 'technical truths' that are intentionally misleading usually are treated as falsehoods in other situations, for instance slander/libel laws or contract rulings trying to emphasis intent of contract instead of just the letter of the contract. So, why is a claim like this allowed? Is this either not as clear cut a lie of omission as it seems to be to me, or are such lies by omission actually allowed?
Let's look at what they say: Pennsylvania does not have any statutory laws governing assisted reproductive technology. True Pennsylvania’s laws regarding sperm donors come only from case law that are specific to the facts of the case being considered by the court. True and trivial given the previous sentence. Pennsylvania courts have found sperm donor contracts to be legally enforceable. True, that's what Ferguson v McKiernan says in the first paragraph of the decision. Your statement that "PA case law falls strongly on the side of not respecting donor contracts" is, at least as far as the case you cite, flatly wrong. In other cases, the contract may or may not be enforcable indeed the court agrees with this specifically: Although locating future cases on this spectrum may call upon courts to draw very fine lines, courts are no strangers to such tasks, and the instant case, which we must resolve, is not nearly so difficult. This also directly supports the previous sentence. Therefore, even if you go through a fertility clinic, a contract between the donor and the intended parents would need to be in place before the conception. True, this is exactly what Ferguson v McKiernan says. You assert that Ferguson v McKiernan says "donation through a clinic does not make a sperm donor the legal father", however, it doesn't say that at all. The status of the doner as the father was never an issue - both parties agreed that he was the biological father and the court accepted that. What was at issue is if he had the rights and obligations of a father that had been removed by the contract. The lower courts held that the contract was unenforcable as being contrary to public policy because it removed rights from the children who were not parties to the contract. However, the State Supreme Court held that the contract was enforcable. TL;DR What they say on their website is not misleading.
From the legal perspective, the most important step is establishing legal paternity. IN Code 16-37-2-2.1 covers the process of establishing paternity via affidavit, which has to be executed in a prescribed and timely manner and with cooperation by both parties. Paternity can also be established by court action (very complex). With legal paternity established, then in terms of parental rights and responsibilities, it is immaterial that you are not married. If you don't live together, then the question of custody and visitation, and child support, would need to be resolved (with a lawyer involved). This article surveys the situation with Indiana Law w.r.t. unwed fathers (see especially section III), though most of it is about the situation where actual paternity is distinct from legal paternity.
The official judgements do not reveal the funding for these lawyers; so where can I find this information? Nowhere. The commercial arrangements between lawyers and their clients are private and confidential like any other business transactions. You have no more right to know this then you do to know how your neighbour pays their mortgage. how could she have funded litigation in the EWHC and then EWCA before the UKSC? She may have rich parents or another benefactor who has in interest in her or the outcome of the case. She may have won the lottery. She may be the heiress of a dead rich uncle. By the way, "having" student loans does not mean you "need" student loans. Interest rates on student loans are cheap - if I need to pay $10,000 for a course and have $10,000 earning 5%, I would be nuts to use that if I could take out a loan at 3%.
Standing requirements are different in state and federal courts, and from one state to the next. A random individual would not have standing to object to a stranger's abortion in federal court, and likely not in any state court, under normal circumstances, as they are not injured in any meaningful way by the abortion. I don't know what the normal rules of standing are in Texas, but it is likely perfectly acceptable for the Legislature to wave its wand to grant standing to whomever it wants regarding any violation of the law it sees for. That seems to be what is happening here.
General Answer I have not found any law or regulation that specifically says that an immigration applicant or the applicant's sponsor (spouse) must disclose a prenuptial agreement if one exists. But immigration officials have broad discretion in interviews, and might well ask about such agreements. If asked, it is very unwise to lie or evade the question. There is no law forbidding a prenuptial agreement in such a case, or making a would-be immigrant who has signed such an agreement ineligible. However, if the immigration officers believe that the marriage is a &quot;sham&quot; designed largely to evade immigration laws, they might declare the marriage invalid for immigration purposes. This is likely to significantly hinder the application, if not end it. If the agreement makes it appear that the parties contemplate that the marriage will be short-lived, and that an end to the marriage will occur in the near future, that makes it look like a sham marriage. If it appears that the prime reason for the marriage was financial, and particularly if the US party has apparently been paid or subsidized for entering into the marriage, that also makes the marriage look like a sham. If the terms of the agreement support either of these assumptions, that may cause a problem. It will be helpful if the agreement is carefully drafted to make it clear that the marriage is one of affection or love, and is intended to be lasting, with the agreement only present to help deal with issues in the possible case of the marriage not lasting. Affirmation of Support (I-864) Also, it is often requires that the sponsor/spouse sign an Affirmation of Support (I-864). This is an agreement by which the sponsor promises to support the applicant at at least 125% of the US Federal poverty level. The sponsor also shows resources sufficient to provide such support. The obligation under this agreement last6s until the applicant has become a US citizen, or has been credited with 40 quarters (10 years) of Social Security earnings credit. Under federal law and case law, a prenup cannot waive or reduce the obligations under an I-864 agreement. A prenup that purports to do so would probably be a significant negative indication for an immigration official. Parties must Understand a Prenup Also if it appears that the non-US spouse (the applicant) does not understand the nature and effect of a prenup, that might also be a negative indication. This is one reason why it is often a good idea that each party should be represented by a separate lawyer in the drafting of a prenup. Such a lawyer should be able to draft the prenup agreement in such a way as not to raise suspicions with an immigration officer. Disclosing a Prenup We here at Law.SE cannot advise whether an applicant should disclose the existence of a prenup at an immigration interview. Such agreements are not normally registered with any government agency, nor are they normally searchable on any web site. But an applicant should probably assume that a question about such an agreement might be asked at an interview, and be prepared with an answer. Sources and Quotes The page &quot;Can a nuptial (prenup) agreement waive rights under the Form I-864?&quot; states: [F]ederal courts have squarely held that a pre- or post-nuptial agreement cannot waive rights under the Form I-864. Even if a sponsored immigrant has signed a document saying that she forfeits all rights under the I-864, that agreement is meaningless in federal court. It is very common for sponsored immigrants to sign a nuptial agreement. Often this happens before the person completes the immigration process. For example, someone might come to the U.S. on a K-1 visa, then be forced to sign a prenuptial agreement before getting married. Usually these nuptial agreements will contain broad language that the immigrant waives all right to “alimony” or spousal maintenance. But sometimes the agreements will also specifically cross-reference the Form I-864. Federal courts see two main problems with nuptial waivers. First, these agreements undermine the purpose of the I-864. Or at least they try to. Congress created the Form I-864 so that immigrants would be guaranteed basic financial support of they need it. More specifically, the I-864 ensures that a sponsor rather than American taxpayers provides the immigrant with support. If nuptial agreements could waive support, it basically leads to the following situation: the sponsor promises the U.S. government that it will provide support, then turns around and creates a document with the immigrant that says, “but I’m not actually going to provide the support.” It would be a bit crazy if a federal statute could be undermined in that way. Here is how one court in the District of Utah put it: To permit a sponsor to unilaterally terminate the Form I-864’s financial support obligation through a separate agreement with the immigrant would ignore the interests of the U.S. Government and the benefits of taxpayers and charitable donors. It would also defeat the Form I-864’s purpose of preventing admission of an immigrant that is likely to become a public charge at any time. Therefore, nuptial agreements will not terminate a Form I-864’s financial support obligation. The second reason that courts disregard nuptial agreements is the text of the I-864 itself. The I-864 contract lists five “terminating events” that ends a sponsor’s support obligation. These include the immigrant becoming a citizen or being credited 40 quarters of work. (You could count the sponsor’s death as a sixth terminating event). But those terminating events are the only thing that ends a sponsor’s obligation. Signing a private nuptial agreement isn’t on the list of terminating events, so that simply isn’t a thing that can end a sponsor’s obligation. The page &quot;Can a prenup protect me when marrying a non citizen?&quot; from Joleena Louis Law reads: One of the most obvious concerns for people marrying non-citizens is how having a prenup will look to immigration officials. You don’t want to give the impression that the marriage is happening for financial reasons and it does help to show co-mingling of assets. However, legitimate marriages have prenups, and a well-drafted agreement that is fair to both parties and makes sense for the situation won’t necessarily give a bad impression. Another thing to keep in mind is that you may need to sign an Affirmation of Support for your spouse, which in which you are acknowledging that you have the means to financially support your spouse at a minimum level of 125% of the federal poverty threshold and accept legal responsibility for their financial support. A prenup cannot absolve you of this obligation and you are not released from this obligation until your spouse becomes a United States citizen, permanently departs the country, or is credited with forty quarters of coverage via the Social Security Act. The page &quot;Do Prenuptial Agreements Affect Spousal Immigration? from Family Law San Diego reads: Federal immigration law provides for a U.S. citizen to sponsor the immigration of their foreign spouse. The married couple must apply for a family-based immigrant visa allowing a spouse from a foreign country to enter the United States and obtain Lawful Permanent Resident (LPR) status—also known as a “green card” holder. Among the various immigration forms that are required to obtain a visa for an immigrant spouse is an Affidavit of Support (Form I-864). By signing and submitting an Affidavit of Support, the U.S. citizen spouse enters into a contractual agreement with the United States acknowledging that they have the means to financially support their spouse at a minimum level of 125% of the federal poverty threshold and accepting legal responsibility for their financial support until their spouse becomes a U.S. citizen or earns credit for 40 [quarters] of work. Importantly, getting a divorce does not relieve the citizen spouse of their obligation to provide the required amount of spousal support to their spouse. Furthermore, the affiant [sponsor] is responsible for reimbursing government agencies for the cost of any “means-tested public benefits” that the immigrant spouse receives. Spouses who have been married for less than two (2) years will receive what is known as “conditional permanent resident” status. This means that the couple must prove that they did not get married for the purpose of avoiding federal immigration laws. If USCIS concludes that a couple entered into the marriage to evade federal immigration laws, their marriage will be deemed invalid for immigration purposes. As a result, the spouse seeking to immigrant to the United States will be denied entry or removed from the United States. The citizen spouse may also be subject to civil or criminal penalties. A prenuptial agreement is a contract into which prospective newlyweds enter, governing their rights and responsibilities as married spouses concerning matters such as spousal support and the distribution of marital assets at the end of their marriage, whether due to divorce or death. The provisions of a prenuptial agreement go into effect when the couple gets married. Although there are few legal requirements to form a valid premarital agreement, the judicial enforcement of its provisions may be questionable depending on the circumstances of each case. Generally, a prenuptial agreement is not enforceable if it was not the product of mutual voluntary assent to its terms. As a result, circumstances that suggest that party did not understand the contract, or would not have reasonably agreed to its terms if they had a meaningful choice, call the enforceability of the agreement into question. Spouses with conditional permanent resident status should be careful about the potential effect of a prenuptial agreement. Evidence indicating that a party did not understand the terms of a contract may endanger the enforcement prospects of its provisions, especially if English is not their first language. Additionally, terms that reduce the immigrant spouse’s property rights may suggest that the couple had a deal to have the citizen spouse sponsor the foreign spouse’s immigration into the U.S. Importantly, provisions purporting to govern the couple’s rights and responsibilities regarding spousal support are effectively superseded by the terms of an Affidavit of Support. This is because a prenuptial agreement is a contract between the spouses, whereas an Affidavit of Support is a contract between the citizen spouse and the U.S. government. The Page &quot;Why Should You Get a Prenuptial Agreement with a Foreign National?&quot; from DiPietro Law Group reads: If your new spouse does not intend to work in the United States, you may need to sign an Affidavit of Support. This contract requires you to maintain a standard of living for your new spouse exceeding 125 percent of the poverty level. You are not released from this obligation until your spouse becomes a United States citizen, permanently departs the country, or is credited with forty quarters of coverage via the Social Security Act. Your prenuptial contract does not automatically absolve you of this support. In a notable 2014 case, the United States District Court for the District of Maryland indicated that prenuptial contracts could not waive Affidavits of Support. Prenuptial contracts can occasionally backfire in green card cases. Immigration officials look for signs that a marriage occurred for financial or citizenship reasons, and not for love. Officers often seek evidence of commingled assets, which may not be available among couples with prenuptial agreements. The pager &quot;How do Prenuptial Agreements Affect Immigration?&quot; by Jared Leung from JCL Immigration Attorneys, reads: A prenuptial agreement is a legal contract that outlines how assets will be divided in the event a marriage ends in divorce. These agreements also discuss the obligations of a spouse to provide financial support for the other party in the event of a divorce. In general, both parties must fully understand all of the terms of a prenuptial agreement in order for the contract to be binding. If a court finds that one party was unaware of what he or she was signing, or if the agreement is so one-sided as to be deemed unfair, the provisions held within can be invalidated. How do prenuptial agreements impact immigration? When a United States citizen sponsors the immigration application of a foreign spouse, the couple needs to file for a family-based immigrant visa, often called a “green card.” Part of this process involves filing an Affidavit of Support, a document that demonstrates that the citizen has the ability to support the other party at a level at least above 125% of the poverty threshold until the applicant becomes a United States citizen. This obligation remains in place in the event of divorce. The provisions of a prenuptial agreement should not give the appearance of a “deal” between parties for the purpose of circumnavigating immigration rules. There can also be challenges if the foreign spouse does not speak English well enough to understand the details of the agreement. However, having a prenuptial agreement does not necessarily casts doubt to the truthfulness of the marriage. Individuals with decent net worth or prior debt may use prenuptial agreements to protect oneself and/or the spouse-to-be. The existence of a prenuptial agreement should be considered with other factors in the marriage to determine whether it would cause problems in an immigration application Case Citations Cases in which Federal courts have held that a prenup does not void an I-864 agreement: [Erler v. Erler 824 F.3d 1173 (9th Cir. 2016). Golipour v. Moghaddam No. 4:19-cv-00035-DN-PK (D. Utah Feb. 7, 2020) (granting and denying in part cross-motions for summary judgment). Anderson v. United States, No. C17-0891RSL (W.D. Wash. Apr. 17, 2019) (dicta). Toure-Davis v. Davis, No. WGC-13-916 (D. Md. March 28, 2014) (memo. op.). Shah v. Shah, 4:12-cv-4648, (RBK/KMW), 2014 U.S. Dist. LEXIS 4596 (D.N.J. Jan. 14, 2014) (memo. op.) Cyrousi v. Kashyap, 386 F. Supp. 3d 1278 (C.D. Cal. 2019) (holding that waiver is not an affirmative defense available to sponsors) Liu v. Kell, 299 F. Supp. 3d 1128 (W.D. Wash. 2017) (same).
Legally there is no problem. What you say is protected speech under the 1st Amendment as long as it is either true or a matter of opinion. However Ron Beyer's comment is a good one; while legal this sounds very inadvisable. You would be far better off hiring a lawyer. The Mr Dicks of this world make money from the widespread fear of legal action. He will probably fold as soon as he sees a letter from a lawyer threatening a lawsuit. Until then stalling doesn't cost him anything so he will carry on doing it. BTW, don't delay. I don't know about the US, but over here in the UK there are a number of ways that people like Mr Dick can make it hard to collect. Don't give him time to play shell games with his assets.
Let's break it apart: The police has an union or charity. That's legal in most jurisdictions. The union or charity accepts donations from non-police. Also legal in most jurisdictions. The union communicates who the donors are. Generally legal in most jurisdictions. Keeping it secret would be just as problematic. Police officers have some discretion if and how they charge incidents. That's just common sense. Otherwise you get cases like 8-year-olds being arrested. (You get those anyway when the police don't use their discretion, or if the laws are too rigid.) Police officers let themselves be influenced by the donor card in how they apply their discretion. That's usually illegal on the part of the police officer. The Brits use the catchphrase 'without fear or favour.' But it is difficult to prove, even if it is systematic. The union issues donor cards to facilitate the effects of the previous bullet point. That sounds at the very least unethical. Some might argue that it is organized corruption. On the other hand, you can assume that the police unions have some decent lawyers on staff, and that they made sure that the words on their cards are not blatantly illegal in the jurisdiction in question. It might take something like a whistleblower, a sting operation, or an internal affairs investigation to prove corruption.
I am going to convert a set of comments into an answer. Please note, IANAL, especially in your jurisdiction. You are asking the wrong question. The Court is not specifically ordering your father to make more money; it is ordering him to support his ex-wife (XW) at a level similar to what she enjoyed during the 20-year marriage. This is not outlandish. In fact, it would be typical of a divorce in the old days, when the mother (1) was likely to have custody of any minor children and (2) was likely to have not worked outside the home, at least, not in a high-skill job. It's less typical today, since these conditions are less common now. He can do this by continuing to work to make more money, or by giving her most of his pension, or by selling off his land, etc. How is his issue. However, your father is making no attempt to improve his situation, and as I will discuss below, this doesn't seem unprecedented. Even though XW has hired an attorney, he has not, using the excuse it is too expensive&mdash;while the XW&rsquo;s capable attorney takes him to the cleaners. Penny wise pound foolish. This is a serious error. He has not entered into a formal custody arrangement. XW could appear at any time demanding at least half-time custody, for whatever reason. This is a serious error. He has taken on unofficial sole custody of the minor child (your half-sister, I suppose), without asking for child support, even though this would substantially offset the alimony to XW. He could probably get this even before the full court hearing, although, again, IANAL, and he needs a local lawyer to handle such a petition. This is a very serious error. He allowed XW to present what you feel is an unrealistic picture of his income based on his second job. Now, depending on your father's age, maybe lowering the standard of living and retiring on a pension is unrealistic. But did your father make any attempt to show that XW had worked before or during the marriage or had marketable skills? At least in some jurisdictions, alimony would be reduced by what the Court feels XW should contribute to her own upkeep. Since she isn't taking care of children, she can't use them as an excuse to stay home. This is a serious error. He could also explain that since he was now in charge of the minor child, it was unfair to ask him to work far from home (more common with the sexes reversed, but not unheard of). Did he introduce a more complete income history showing that the second job was recent, intended to be temporary, away from home, and he detested it? Or did he just let XW bring in her version, unopposed? A lawyer would have introduced this argument if it is valid where you live. This is a serious error, that must be remedied before the final hearing. My first thought was that your father is still in shock from XW leaving him and petitioning for divorce, but on re-reading your description of why he took the second job, frankly, he seems to arrange his life to get pushed around and then whine about it. You need not indulge this. Tell him to get a divorce lawyer, not go around looking for someone to sympathize over the bad deal he got after "saving" money representing himself.