You Are Here: Home » Blog » luna law firm

Posts Tagged ‘luna law firm’

02
Jun 2011
Posted by Steve
0 comments

How To Calculate Time For Filing A Response In Nevada

How to calculate time for filing a response in Nevada:

When served with legal paperwork in Nevada that requires a response, a party must know when the response is due and how to calculate the time for that response.  Nevada has a clear defined rule on the calculation of time which can be located  at Nevada Rules of Civil Procedure 6 aka a NRCP 6.  NRCP 6 states that  if the period to file a response is less than eleven (11) days, the intermediate Saturdays, Sundays, and non judicial days are not included in the calculation.  If the time for response is more than eleven days, those days would be included.   Where the document requiring a response is sent by mail or electronic means, the rules specifically allows for an additional three days for filing a response.  NRCP 6(e).    Further the day that the act, event or default occurs from when the period of time is to start is not to be included in the calculation.    For a complete text of  NRCP 6, please see the following link:  http://www.leg.state.nv.us/courtrules/nrcp.html.  This provision applies in Nevada’s District Courts only only and should not be relied upon for the calculation of time in a court room or state other than Nevada District Court.

If you are uncertain about the required response time in your case or how to calculate a response time, you should speak with an attorney.  If you fail to file a response in a timely manner, a default or other repercussions could occur which may have an impact on your case.

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area. The Luna Law Firm handles child custody matters on a regular basis in the Reno, Carson, Nevada area.

This post is not meant to be legal advice or create an attorney-client relationship with the Luna Law Firm, PC. If you are interested in retaining counsel, we are happy to set a consultation. Consultations may be set by calling 775-686-2490. View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of Practice

Contact the Luna Law Firm today 775-686-2490 to schedule a consultation to discuss your Nevada family law matter.

Posted in: Legal Announcements

15
May 2011
Posted by bethluna
0 comments

Classes For Parents Involved In Child Custody Disputes In Reno Nevada And The Surrounding Areas

Often a major dispute in many child custody actions in Nevada is the ability of parents to co parent and sometimes a step parent’s involvement. Prior to filing a custody action or even if one is pending, it may help improve relations between you and the other parent to attend educational classes on co- parenting and being a step parent.  While I realize this may not fix all of the problems, it can help you obtain a better understanding and knowledge about better parenting skills and what your children are experiencing.  In contested custody cases, I often recommended my clients consider attending classes in order to educate themselves and show the court that they are making an effort to improve their parenting skills and relationship with the other parents

Reno, Nevada is lucky enough to have the Children’s Cabinet which provides a number of classes for free to parents.  This includes a Co-Parenting class designed to teach parents better ways to co-parent and a Step-Parent Essentials class for both the step parent and parent.  There are a number of other classes offered including classes on better parenting in general, anger management classes, learning the importance of fatherhood and classes for developing family goals.  These classes are offered at no cost and in some cases in Spanish.  Classes may be available in other areas of Nevada or online in some instances.

For more information on classes and their availability, please see http://www.childrenscabinet.org/userfiles/file/2011%20Winter%20Final.pdf

Posted in: Child Custody

14
Mar 2011
Posted by Steve
0 comments

Luna Law Firm Policies On Telephone Calls With Clients

It has always been my opinion that as a family law attorney representing clients in divorce and child custody matters, that customer service is something that must be at the forefront of my law firm in Nevada.   I often wonder if attorney’s truly get that at the heart of what you do in the legal field is your clients.   At the beginning of each case, we give our clients a list of what to expect from us and what we expect from our clients.  Our promise to our clients is listed on our website.  Big on my list of what you can and should expect from us is how we handle phone calls.  Here are my personal policies on telephone calls with clients:

♦  When I’m in the office, I try to take phone calls as they come during normal business hours.  Unfortunately, there are times when I’m in court, out of the office, on another call or trying to finish something on a deadline, that I can’t do this.  But as a general rule, I like to talk to my clients when they call without having to return the call if it is possible.

♦ I return phone calls as soon as I am able.  Most of the time, this is the same day.  My policy is before going home to stop and return any phone calls from that day that I haven’t already returned.  Frankly, I get that family law is emotional and scary.  I don’t like not having my questions answered when I’m scared either and so I want to take the time to make sure questions or other issues are being addressed.  That way you don’t have to worry but you have answers.

♦If I can’t return the phone call that same day, I return it within twenty-four hours during the normal work week and as long as I’m not on vacation.   There may be some exceptions to this but as a general rule it is my goal to make sure your call is returned Monday-Friday within twenty-four hours.

♦If I am out of the office or otherwise indisposed, my assistant or I let clients know so that you have an idea when to expect an answer.  If it is an emergency, my assistant will track me down as soon as she can no matter what and get an answer.

At the Luna Law Firm, we try hard to insure your needs are being met as clients.  The above are my general policies on telephone calls that we try to abide by with clients.  My goal is to take as much of the anxiety and fear out of the process and assist you in having as easy a path through your legal matter as we can by providing you with answers and information.  With any attorney you hired, you should ask about their policies and expectations in your relationship

This blog should not take the place of obtaining legal advice from an attorney within your own jurisdiction.   K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area. The Luna Law Firm handles divorce, child custody matters and annulment in the Reno, Carson City, Incline Village, Minden, Yerington areas of Northern Nevada.

This post is not meant to be legal advice or serve as forming an attorney-client relationship with the Luna Law Firm, PC.   If you are interested in retaining counsel, we are happy to set a consultation. Consultations may be set by calling 775-686-2490.

View a full listing of The Luna Law Firm Areas of Practice

Contact the Luna Law Firm today 775-686-2490 to schedule a consultation to discuss your Nevada family law matter.

View our weekly legal articles on The Luna Law Firm – Family Law Blog

Posted in: Miscellaneous

07
Mar 2011
Posted by Steve
0 comments

Judicial Appointment Made For Second Judicial District Court – Washoe County Nevada

Egan Walker has been appointed as the new Judge in the Second Judicial District Court.  This vacancy in the family law division was created when Judge Hardy was elected to Department 15, a civil-criminal position.   Egan Walker formerly served a Court Master for the Washoe County District Court.  The appointment was selected by the Governor from three finalists selected by the Nevada Commission on Judicial Selection.

Each of the candidates filled out an application which are available online.  View additional information on Egan Walker’s qualifications.

View a full listing of The Luna Law Firm Areas of Practice

Contact the Luna Law Firm today to schedule a consultation to discuss your Nevada family law matter.

View our weekly legal articles on The Luna Law Firm – Family Law Blog

Posted in: Legal Announcements

22
Feb 2011
Posted by Steve
4 comments

Proving Income In A Child Support Matter

Proving Income in a Support matter:

When it comes to dealing with child support or alimony the ability to show the income of the other party is a vital part of any case.  So what happens when a party underreports or claims that they are earning less or no income than what you know to be true?  Or how to you prove the true income amount of an individual who is paid primarily under the table?  Evidence showing the true nature of the income is then needed to paint the true income picture.  The following are a few ways/items that may help prove income:

♦   Income tax statements, paystubs and W2’s can show at least the reported income and area  basic place to start in proving an individual’s earnings.

♦   Bank Account statements for checking, savings and other banking accounts may show additional deposits to an individual that are not being reported as income to the federal government.

♦  A comparison of spending versus reported income may show a discrepancy in the reported earnings.  For example, if an individual is paying for expenditures well above their reported income  there is clearly additional income from somewhere that is covering those expenses.

♦   Credit applications showing reported income for the purposes of determining credit.   Most people when applying for credit will report an amount  that is higher to obtain that credit.  This may show the true income as opposed to just the reported income.

♦  Evidence of major purchases inconsistent with the reported income.  This can be taking lavish vacations, purchasing new vehicles or toys or other purchases that are inconsistent with their reported income.  Along with these items may also come credit applications as listed above.

♦  Statements made by the party bragging or claiming their wealth can be used in some cases in court to show income.

♦  Advertisements or other evidence of their business or work can come into play on occasion.  For example, a musician claims he isn’t working yet local entertainment magazines contain numerous ads featuring the musician at events would indicate he/she is working more than claimed.  Presumably this would indicate possible additional earnings.

♦  Obtaining information from 1099 or other employers as to what they have paid the individual.

♦  Applications for disability insurance or other insurance requiring a reporting of income.

This list is not all inclusive but meant to be general suggestions based upon the law in Nevada.  There may be other evidence that can help disprove the reported income based upon the individual facts of a case.  Questions regarding evidence in an individual support action should be discussed with your attorney.  This blog should not take the place of obtaining legal advice from an attorney within your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area.   The Luna Law Firm handles divorce, child custody, child support and alimony matters on a regular basis in the Reno, Carson, Nevada area.

This post is not meant to be legal advice or serve as forming an attorney-client relationship with the Luna Law Firm, PC.   If you are interested in retaining counsel, we are happy to set a consultation. Consultations may be set by calling 775-686-2490. Please visit our Web site to view our Areas of Practice. View our weekly legal articles by The Luna Law Firm – Family Law Blog.

Posted in: Child Custody

17
Jan 2011
Posted by Steve
0 comments

Tips for Preparing for a Divorce With or Without Child Custody

If you are considering a divorce or preparing to file for a divorce, there are some steps you can take to prepare yourself for the upcoming court action.  For example, you may wish to obtain copies of income tax statements or other financial documents prior to leaving the house. This will become helpful as you begin processing your divorce.

The following is a brief list of suggested items that you should obtain copies of prior to filing for divorce in Nevada.  This list is not all inclusive and it is recommended that you speak with a family law attorney for specific items that may be relevant and material to your case:

  1. Print checking or saving account statements for a period of one year.  At a minimum the bank and account number for all of your accounts.
  2. Make copies of retirement accounts and the information for the plan administrator
  3. Copy income tax statements for a period of three years
  4. Copy paystubs for both you and your spouse
  5. Copy off all credit card statements
  6. Copy any emails or other communication that might be relevant to your case
  7. Take photos of all household items and furniture
  8. Make copies of life insurance or other insurance policies
  9. Make copies of any loan paperwork relating to vehicles, homes or real property

This list is brief and there may be many more items which may be helpful to your divorce.  As such, we recommend that you discuss those necessary items with a licensed Nevada family law attorney.  In all cases, if there is a risk of harm, you should place your own safety and that of your children foremost and not risk that safety for the sake of obtaining documentation.

Contact us today to schedule your consultation 775-686-2490.  We are glad to discuss your divorce in Reno, Incline Village, Sparks, Fernley, Fallon, Carson City, Garnerville, Minden and surrounding area in Nevada.

This post is not meant to be legal advice.  If you are interested in retaining counsel, we are happy to set a consultation.  Consultations may be set by calling 775-686-2490.  Please visit our Web site to view our Areas of Practice.  View our weekly legal articles by The Luna Law Firm – Family Law Blog

Posted in: Uncategorized

20
Dec 2010
Posted by Steve
0 comments

Ten Items to Consider Using as Evidence in a Child Custody Case:

Evidence can support the testimony offered by witnesses and parties.  This is particularly true in child custody matters which often involve ‘he said, she said’ issues.  In my experience as a child custody attorney, there are many items that may benefit your case.  Clients should provide the following ten items to their attorney for review as potential evidence in a child custody case.

1.   School records for the minor children for the past two years.
2.    Note or messages from the children’s teachers or other school officials.
3.    Any text message or email to/from either party that concerns the children or visitation.
4.    Medical records and/or therapy records for the minor children if relevant.
5.    Letters, cards or emails to/from the minor children from the other parent.
6.    Copies of facebook pages for the parties and/or the children if accessible.
7.    Photos of bruises or other injuries to the minor children and/or parent which are believed to be the result of abuse.
8.    Child Protective Services records if available and in existence.
9.     Copies of calendars and/or journals kept in relation to custody and visitation.
10.  Criminal records if any of the parties.

These suggestions are just a short list of potential evidence that may be relevant to a custody case. There may be other items which are relevant and will assist in your case.  You should discuss evidence in depth with your attorney to determine items that may be necessary to prove the individual case.

This post is not meant to be legal advice.  If you are interested in retaining counsel, we are happy to set a consultation.  Consultations may be set by calling 775-686-2490.  Please visit our Web site to view our Areas of Practice.

Posted in: Uncategorized

22
Aug 2010
Posted by Steve
Comments Off

The Luna Law Firm Is An Eco-Friendly Law Firm

When I decided to establish my own firm, one of my goals was to look for ways to make the firm environmentally friendly.  I found that if I kept my eyes open there were a lot of ways I could implement procedures that were ecofriendly even with a law firm.

For starters, I selected recycled paper for all of my business cards, letterhead and envelopes.  The paper looks great and I am proud to be using it for the firm.   The day to day practice of law generates a lot of paper waste.   To cut down on the amount of paper that is being simply thrown a way, I have implemented a procedure to have the paper shredded and then recycled.  This way client information is kept confidential and destroyed as opposed to ending up in the local landfill.

Washoe County now provides for the filing and receipt of legal documents through “eflex.”  This program allows for a PDF copy of any legal document to be filed with the court and sent to the opposing party electronically.  Luna Law Firm is utilizing this program.  It has not only the benefit of cutting down on paper waste but also benefits clients in that anytime a document is filed all parties have quick access to what has been filed.  It also cuts down the copying costs of every client.

As an additional way to cut down on paper, Luna Law Firm offers every client the election to receive copies of the documents in their case by pdf through email.  In most cases, this is possible with a few exceptions.  Again, this often saves most clients significant funds in normal copying costs.  At the end of every case, clients are provided with a cd copy of the items from their case.  This prevents having to provide a copy of the entire file and provides for long term safekeeping of your case.

Lastly, Luna Law Firm is located within walking distance of the courthouse.  This allows for Ms. Luna and clients to simply walk across the street and avoid driving for court hearings and proceedings.

I am always searching for additional ways to be environmentally friendly.  Currently, I am attempting to set up messenger service with a company that utilizes bikes over cars locally.  If you have additional ideas or thoughts on how we can further improve our commitment to the environment, please let me know.

View The Luna Law Firm Areas Of Practice.

Posted in: Miscellaneous

22
Aug 2010
Posted by Steve
Comments Off

Tips for Saving Money On Your Legal Bill

The economy is tough and unfortunately many people are experiencing family law matters such as divorce in relation to the economy.    You may be dealing with foreclosure and/or bankruptcy already and now have the additional expense of needing an attorney to address a divorce, custody, child support or other family law matter.    While hiring an attorney can seem expensive, there are ways to help cut down your bill.

You can save a lot on your legal bill by just being organized.   For example, when you are asked to provide documents such as bank accounts, provide them well organized and make sure they are complete.  This cuts down on the amount of time that it requires to prepare them for production to the other side.

Provide extra copies of any documents you produce.  A typical production to the other side requires multiple copies of the same items.  Likewise exhibits for hearings and trial usually require  three to four copies.  You can save on copying charges by simply providing these in advance and requesting that they be utilized prior to any copies being made.

It is normal to have questions during a legal proceeding.  Most attorneys are happy to answer them and discuss your case  by phone; however  many attorneys charge an initial amount such as a .20 or 12 minutes and then a .10 ( 6 minutes) for any six minutes following the first 12.  If you are going to call your attorney understand how phone calls are billed.  Prepare a list of questions so that you get the benefit of the first twelve minutes rather than simply calling asking one question  and then  calling back later.   You  may also want to utilize email if it is cheaper than phone calls or save questions for meetings that are already set.  Many clients in family law cases sometimes just need an ear to vent to about the other side or the frustration of the legal process.  In those cases, you may want to utilize a good friend, a therapist or a family member you can trust rather than pay for attorney time.

Not every opportunity to fight with the other side in your case is worthwhile.  I think that it is well worth the time to discuss the cost/benefit of certain issues in your case.  Why spend $20,000 to fight over a something that is worth $2,000.  Take the time to discuss those types of issues with your attorney and realize the value of pursuing them or not pursuing them.

Above all, I encourage clients to discuss with their attorney the cost involved in the case and stay informed about what is going on and the amount of money that is being spent.  Being educated and informed helps you to make smart choices about how you are spending your funds during litigation.

View The Luna Law Firm Areas Of Practice.

Posted in: Miscellaneous

10
Jun 2010
Posted by bethluna
0 comments

Luna Law Firm Philosophy

gavel

As an attorney, I feel that it is my responsibility to educate every client about the law and help them understand the legal process.  Family law can be a scary, emotional process and being educated and well informed can help take some of the fear out of the court process.

View our weekly legal blog – Reno Family Law Blog

Posted in: Uncategorized