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Eboni K. Williams With Legal Advice For Our Listeners · The Breakfast Club

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  Speaker 1: Want to everybody's dj n V Charlemagne the Guy. We
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  Speaker 1: are the Breakfast Club. We got our guest host, Ebity
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  Speaker 1: Kay Williams joining us right now. She's an attorney, she's
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  Speaker 1: definitely an attorney. And uh and she's a podcast host
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  Speaker 1: and she's a podcast on her podcast, hold her own show,
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  Speaker 1: coming Up with a Good Brother Dustin. Yes, she has
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  Speaker 1: her old court show coming out Injustice. But you know
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  Speaker 1: she gives out legal advice quite often on her podcast,
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  Speaker 1: Holding Card Correct. And since we have her here and
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  Speaker 1: we got it for the Low Low as far as
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  Speaker 1: we know, it's ninety nine. Okay, we got that. We
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  Speaker 1: keep that recording. Please, that's right. So eight hundred five
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  Speaker 1: eight five one oh five one. If you need any
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  Speaker 1: type of legal advice, she's here, and we'll go right
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  Speaker 1: to the lines. Hello, who's this Jay? Jay? What's up? Man?
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  Speaker 1: What's your question? For? Ebany so Live? I hadn't had
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  Speaker 1: custody of my count she was three, she's just parts twelve.
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  Speaker 1: Last year, I like even kind of going through some things,
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  Speaker 1: so I kind of let her move back in with
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  Speaker 1: her mom. But now it's a situation to where my
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  Speaker 1: daughter wants to move back with me. But her mom
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  Speaker 1: wants to kind of keep birds and I understand because
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  Speaker 1: they've been missing that time. But I think my daughter's
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  Speaker 1: just more comfortable staying with me. But we haven't found
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  Speaker 1: any like custody papers or nothing like that other than
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  Speaker 1: like when I went to court when she was three. Yeah,
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  Speaker 1: so it's like I should I had got any papers
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  Speaker 1: establishing custody. What should I do? Like, let me let
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  Speaker 1: me help y Oat Jacks, let me help yat it.
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  Speaker 1: It's actually pretty simple on this when the good news
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  Speaker 1: about child support and child custody, there's only one actual
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  Speaker 1: law best interest of the child. That's it. It's totally
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  Speaker 1: controlling who makes that decision. That will be a judge
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  Speaker 1: in family court. So this is the thing, Jake, if
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  Speaker 1: you've had custody since from three to twelve, you probably
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  Speaker 1: still have legal and physical custody, but for a change
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  Speaker 1: in the agreement. So if you really want your daughter
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  Speaker 1: to come back and stay with you, and that's what
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  Speaker 1: she wants, you could probably have that happen. If your
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  Speaker 1: wife tries to ex wife brother or her mother tries
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  Speaker 1: to fight you for it, then you can petition to
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  Speaker 1: court for soul lead and physical custody and the judge
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  Speaker 1: will decide who is her best interest and if it's you,
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  Speaker 1: you're good. Good luck? Brother? Hello? Who's this? Oh is
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  Speaker 1: good morning? What's your question for? Dy? Kay? Williams all right,
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  Speaker 1: So I went to court back in November for a
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  Speaker 1: child support court got it. So the next thing I knew,
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  Speaker 1: I'm waiting the judge. We have to be letting through zoom.
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  Speaker 1: So we're getting my ex husband differ in everybody's in.
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  Speaker 1: The judge says, okay, Well, sir, how can you prove
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  Speaker 1: that you have a diagnosis from a doctor that says
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  Speaker 1: you cannot work? He says, well, I never went to
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  Speaker 1: a doctor, but I have a condition called drop foot.
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  Speaker 1: And the judge is like, well, I would need some
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  Speaker 1: medical documentation saying that you have this condition that you
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  Speaker 1: cannot work. Mind you, this is a man that just
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  Speaker 1: came to New York in September and built his mom's basement,
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  Speaker 1: so he's very functionable. You understand, are you? So I'm
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  Speaker 1: in the Zoom meetings just watching all this play out.
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  Speaker 1: He told the judge will I've been sending her one
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  Speaker 1: hundred and fifty dollars a month. This only started a
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  Speaker 1: month before court, and the only reason he started doing
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  Speaker 1: that is because he got served with the core papers, right,
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  Speaker 1: so this is not something he has been doing. And whatnot?
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  Speaker 1: Why did the judge order him to continue paying one
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  Speaker 1: hundred and fifty dollars without no medical documentation and without
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  Speaker 1: asking for any taxes without there was no papers that
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  Speaker 1: he put in, Like I had to put in my income,
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  Speaker 1: I had to put in my bank statement. I had
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  Speaker 1: to play you know, I forgot the words that it
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  Speaker 1: happened before court. You have to add all these documents
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  Speaker 1: in via the internet. And so is your issue that
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  Speaker 1: you want him to pay more child support? I want
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  Speaker 1: him to pay a proper amount, all right, So let
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  Speaker 1: me tell you what to do. I hear you. I
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  Speaker 1: told you, hear your frustration. It sounds like what you're
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  Speaker 1: telling me sounds like a lot of steps were missed.
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  Speaker 1: But let's get to solutions, right. So you need to
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  Speaker 1: foul an amendment. You need to say you want an
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  Speaker 1: amendment to your child support order. You need to suggest
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  Speaker 1: to the court whatever you think is a reasonable amount,
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  Speaker 1: five hundred dollars seven fifty whatever it is for you
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  Speaker 1: says and not even I just I wanted four hundred
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  Speaker 1: dollars a month so then that's what you got to do,
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  Speaker 1: the leg work. And this is frustrating, y'all because in
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  Speaker 1: child support and family law, it's not like criminal law.
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  Speaker 1: It's not even like civil law. It's all on the
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  Speaker 1: it's all on the parties to do the leg work.
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  Speaker 1: And I know that that does not seem fair. It's
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  Speaker 1: very exactly for you. You say that I've done this,
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  Speaker 1: yeah three times, mind you, I've fought for custody for
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  Speaker 1: my daughter six times. And the only reason I didn't
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  Speaker 1: win before is because he worked at a job that
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  Speaker 1: paid him one hundred and sixty thousand dollars a year.
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  Speaker 1: So he wasn't trying to give up my daughter. He
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  Speaker 1: wasn't because he knew he would have to pay me
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  Speaker 1: seventeen percent in his paychecks. Correct, And he was like, no,
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  Speaker 1: I want custody her. She's doing good in school. This
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  Speaker 1: is a child I had calls in years ago. This
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  Speaker 1: is a child that they put in a cab as
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  Speaker 1: five years old to take a cab, a regular cab,
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  Speaker 1: like you call the cab company and they come. And
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  Speaker 1: this is all of that, This is from stemming from
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  Speaker 1: all of that. Yeah, well I finally got custody. I
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  Speaker 1: stop paying nine thousand dollars to a different lawyer. Yea,
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  Speaker 1: and like god, custody. The judgment was like, no, wait
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  Speaker 1: a minute, this isn't right. So now look, I'm dealing
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  Speaker 1: with this again with child support. It's ridiculous. So what
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  Speaker 1: do you what do you suggest? Yeah, it's a frustrating system. Man.
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  Speaker 1: I hear it in her voice. You can hear the
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  Speaker 1: emotion there. And that's real because family court systems are
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  Speaker 1: essentially a made up system, and they are designed for money,
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  Speaker 1: you know what I mean. And by the way, what
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  Speaker 1: she mentioned about her ex or whatever making one sixty
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  Speaker 1: a year and going for full custody, that's that's getting
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  Speaker 1: very common. You see the high earning parent, male or female,
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  Speaker 1: about non bronary don't matter, saying I'm no longer willing
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  Speaker 1: to conceive how child support payments, Just give me custody.
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  Speaker 1: We see it all the time. I mean, I just
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  Speaker 1: you know, and not to do anybody's you know what
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  Speaker 1: they make. But if you make one hundred and sixty
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  Speaker 1: thousand dollars and all you give for that child is
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  Speaker 1: one hundred and fifty dollars, trash, something's wrong. Come on
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  Speaker 1: this taxes. So technically that probably present, probably only making
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  Speaker 1: like an eighty ninety, but still one hundred fifty dollars
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  Speaker 1: for your child a month, and your child's old five
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  Speaker 1: years old, six years old. That's a lot of money
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  Speaker 1: in something places. One hundred and fifty dollars a month
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  Speaker 1: when you make that much money, come on, I'm not
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  Speaker 1: saying that she deserves, but that is a lot. But
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  Speaker 1: some people don't get that. I know people that get
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  Speaker 1: forty dollars and child support, Yeah, but do they make
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  Speaker 1: do their partner make one hundred sixty thousand nine? I
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  Speaker 1: don't know. You know, you know, you have kids, you know,
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  Speaker 1: one hundred and fifty dollars, but between food activities, schooling,
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  Speaker 1: closed transportation. Don't put me in this situation. I'm not
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  Speaker 1: a good example, right. Eight hundred five five one five one.
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  Speaker 1: Efany K. Williams is here. Of course, she's an attorney
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  Speaker 1: and she's at she's answering all your legal questions. Call
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  Speaker 1: announced Breakfast Club of Morning forty. Everybody's dj n V
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  Speaker 1: Charlemagne the guy. We are the breakfast Club. Our guest host,
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  Speaker 1: Ebbedy K. Williams is here. Of course, she's an attorney
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  Speaker 1: and she's answering all your legal questions for free. That's right,
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  Speaker 1: I said free. So you better call up and ask
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  Speaker 1: them what you need. And we have a Brandy online three. Brandy,
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  Speaker 1: Good morning, Hi, good morning. What's your question? So my
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  Speaker 1: question is I bought a truck from one of maybe
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  Speaker 1: for a youth truck, and within the first forty eight hours,
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  Speaker 1: my service engine light came on and I have went through.
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  Speaker 1: This was January and my truck has been service by
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  Speaker 1: this company minimum of ten times. I have been promised
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  Speaker 1: by different managers that they're got fixed in, they're gonna
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  Speaker 1: replace my truck. And now here we are trucks still
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  Speaker 1: ask them up. Is not working right and now they're
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  Speaker 1: dodging me and I can't get any help anywhere. So
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  Speaker 1: I'm just wondering, illegally, do I have any feet stand
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  Speaker 1: on you? Yeah, Brandy, I got good news for you.
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  Speaker 1: You got a case um depending on where you live.
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  Speaker 1: It sounds like you said the truck started acting funny
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  Speaker 1: after did you say forty eight hours? Yes? Man? Okay, yeah.
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  Speaker 1: So most states have a limon law. A limon law
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  Speaker 1: says if your vehicle starts acting up, it could be
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  Speaker 1: anywhere from thirty days too. I've seen up to ninety days.
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  Speaker 1: You are entitled to a new vehicle. You don't even
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  Speaker 1: have to continue to pay or invest in service U.
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  Speaker 1: But you are gonna need a lawyer, and my hope
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  Speaker 1: for you, miss Brandy, is you can find an attorney
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  Speaker 1: that specializes in limon law litigation that will take your
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  Speaker 1: case on a contingency fee versus a retainer, and allow
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  Speaker 1: you to pay their fees after you get some relief.
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  Speaker 1: That's my hope for you. Dear. Good luck, Mama. Okay,
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  Speaker 1: I just thank you so much. You're welcome. Hello. Who's
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  Speaker 1: this Hi? My name is Sabrina. How are you? Good
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  Speaker 1: morning everyone? Good morning? What's your question for Emney? Kay Williams. So,
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  Speaker 1: I purchased a home in twenty twenty, so my mortgage
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  Speaker 1: for twenty five hundred and I told from twenty twenty
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  Speaker 1: two the banks that they made a mistake. I didn't
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  Speaker 1: have enough in escrow. So now the mortgage is three thousand,
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  Speaker 1: four hundred and food dollars. Is that legal? Can they
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  Speaker 1: do that? First of all, congratulations on your home purchase, Sabrina.
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  Speaker 1: I would need a couple more facts to give you
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  Speaker 1: a solid answer, but the short answer is probably actually
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  Speaker 1: because of the nature of the fiscal agreement between your
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  Speaker 1: lender and yourself. Basically, you were giving a mortgage payment
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  Speaker 1: amount on a conditional term, and once they failed that,
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  Speaker 1: they made a mistake. I hear you. It was their
• 9:41
  Speaker 1: mistake of not calculating the escrow account properly. But then
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  Speaker 1: you would have to carry the extra expense. That's that's
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  Speaker 1: likely the scenario. Okay. Remember escrow can change depending you know,
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  Speaker 1: so if your tax goes up, your escrow can go up. Also,
• 9:56
  Speaker 1: if you have an adjustable rate, it can go up
• 9:58
  Speaker 1: as well. And same thing when it lance because insurance
• 10:00
  Speaker 1: is an escrow as well. So if your insurance goes
• 10:02
  Speaker 1: up meeting there's a lot of stolen cars in your neighborhood,
• 10:05
  Speaker 1: your insurance goes up, your escrow can go up as well.
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  Speaker 1: So you just need to find out why it went up.
• 10:08
  Speaker 1: Check your escrow because it happened. Happened to media of
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  Speaker 1: the day. My mine actually went down and I was
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  Speaker 1: trying to figure out what happened. I thought I wasn't
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  Speaker 1: paying enough. But depending on taxes and insurance, your escrow
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  Speaker 1: can go up and down. Okay, thank you so much,
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  Speaker 1: good thank you mister. Hello, who's this. Hey, this is Kay.
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  Speaker 1: All right, what's your course of fabie Kay Williams. Okay.
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  Speaker 1: So I have a seven year old son. He's in
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  Speaker 1: second grade game home um last week Wednesday, and he
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  Speaker 1: told me that his teacher doing a lesson that that
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  Speaker 1: five people need to smile so that we can see
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  Speaker 1: down whoa whoa whoa old Joe Jesus Christ, Lord O
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  Speaker 1: God go ahead, Miss Kay Daniel. Okay, So I contacted
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  Speaker 1: the school if it's a principle. She didn't seem as
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  Speaker 1: upset as I that she should have been that someone
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  Speaker 1: in her school, you know, teaching kids this. Um. I
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  Speaker 1: was a little first, I decided to contact the teachers
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  Speaker 1: to did admit to me that it was something that
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  Speaker 1: she stated, but as the purpose of staying in that
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  Speaker 1: in and in a lesson, UM I didn't like the
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  Speaker 1: way that then went. So then I contacted the dean
• 11:17
  Speaker 1: of the school. I said an email so that I
• 11:20
  Speaker 1: can have a record of be contacting. UM. I didn't
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  Speaker 1: got another call from They had principle. Long story short,
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  Speaker 1: they moved to his class um, which is what I
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  Speaker 1: was asking. But he's not okay. He's not okay mentally,
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  Speaker 1: he's not okay. Emotionally, even though he's only eight eight
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  Speaker 1: on Sunday, he's very in touch with his feelings. M
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  Speaker 1: he doesn't understand why, uh, someone would say of a
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  Speaker 1: different color that his color. He has to smile to
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  Speaker 1: be seen. I mean, just keep saying, just turning a light,
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  Speaker 1: keeps crying. These are all jokes. Let's okay, listen, listen,
• 11:56
  Speaker 1: let me, let me, let me Jesus Christ, let me
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  Speaker 1: try to help you out here. So this is horrd
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  Speaker 1: make what you're describing actually not even joking with you.
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  Speaker 1: I think you need to think about Colin being crump.
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  Speaker 1: I really do, because I think what you're going to
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  Speaker 1: have a case for is what we call emotional distress. Okay,
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  Speaker 1: that's a tort That's a classic tortain claim that says
• 12:15
  Speaker 1: that someone has intentionally inflicted and by this, in this case,
• 12:19
  Speaker 1: it would be the words right, saying something so outrageous, horrendous,
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  Speaker 1: soul crushing into a young formative years your son seven,
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  Speaker 1: the understanding identity who they are in this world, which
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  Speaker 1: is already hard enough. And for someone, especially a white person,
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  Speaker 1: even if a black teacher said this, I want to
• 12:35
  Speaker 1: be clear, y'all, you still got a claim. You know,
• 12:38
  Speaker 1: but a white teacher saying it makes it just more
• 12:40
  Speaker 1: egregious towards your son. So I think you got a
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  Speaker 1: legitimate emotional distress complaint. And what does that look like
• 12:46
  Speaker 1: in terms of money? You can you would get damages
• 12:48
  Speaker 1: to make sure your son has payment for his mental
• 12:51
  Speaker 1: health treatment if he needs any anti anxiety or anti
• 12:54
  Speaker 1: depression medication like, so we would add all that up
• 12:57
  Speaker 1: in the claim. And so if we want this time
• 13:00
  Speaker 1: teen fifteen twenty for punitive damages, yeah, yeah, call then
• 13:06
  Speaker 1: some civil rights attorney. Yeah, good luck, mamma, thank you
• 13:10
  Speaker 1: so much. Did you go to the school and and
• 13:12
  Speaker 1: and calling teach you some names? That's what I was
• 13:14
  Speaker 1: gonna say. I was gonna say, you should have put
• 13:16
  Speaker 1: the little man with some jokes. But you're right. You
• 13:20
  Speaker 1: gotta tell him stay on the floor. He fell on
• 13:22
  Speaker 1: the floor, Stay there, you hurt. You know what I mean? Okay, okay, yeah,
• 13:26
  Speaker 1: you're right. But just just so you know, just so Charlemagne, right,
• 13:29
  Speaker 1: teacher says something, What would you respond. I got to
• 13:31
  Speaker 1: see the teacher, you know what I'm saying. If she white,
• 13:33
  Speaker 1: she gonna get some white jokes. But I wouldn't say nothing.
• 13:37
  Speaker 1: Raciel you know what I mean, I'll call a man
• 13:38
  Speaker 1: age or something like that, because that's not raciel at all.
• 13:41
  Speaker 1: That's not rail at all. That's all I'm like, Yeah,
• 13:47
  Speaker 1: something like I would have to see the teacher, though.
• 13:49
  Speaker 1: I'm sure that there's some good, uh some good things
• 13:51
  Speaker 1: that he could have said about the teacher. But you're
• 13:52
  Speaker 1: doing the right thing. Cash out, okay, teach yourself to
• 13:57
  Speaker 1: cash out. Walking the store and you're slipping all you
• 14:00
  Speaker 1: stay on that floor, somebody hit you in the back
• 14:03
  Speaker 1: of the card. Everything hurts my neck, my back, my neck.
• 14:07
  Speaker 1: You're doing the right thing, you know what I mean.
• 14:09
  Speaker 1: But Dalston mold school jokes, I've heard all of it. Yeah,
• 14:11
  Speaker 1: by the way, I've used all of those that got
• 14:13
  Speaker 1: that's what we still used those back in the day.
• 14:15
  Speaker 1: You know what I'm saying on each other. I never
• 14:17
  Speaker 1: heard it each other. That's to say that to us
• 14:20
  Speaker 1: A twenty twenty three No, no no, no, I did hear teacher.
• 14:22
  Speaker 1: Teachers used to body shame back in my day though,
• 14:24
  Speaker 1: Oh yeah, yeah, yeah. Teachers will call the kid fatten
• 14:26
  Speaker 1: a minute, they're fat ass, they'll call the kid fattening. Men.
• 14:28
  Speaker 1: It wasn't nothing racially driven, but they'll call a kid
• 14:30
  Speaker 1: fatten a minute, all right, eight hundred and five eight
• 14:32
  Speaker 1: five one or five one ebdy Kate Williams is still here. Yes,
• 14:35
  Speaker 1: and make sure if you want more that legal advice man,
• 14:37
  Speaker 1: subscribe to the Holding Court podcast with everde k Williams
• 14:40
  Speaker 1: wherever you listen to podcasts. All right, and we got
• 14:43
  Speaker 1: rumors on the way Tiffany hat Its will she be
• 14:45
  Speaker 1: doing girls Ship too. We'll find out when we come back.
• 14:47
  Speaker 1: It's the Breakfast Club wanting