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Philip Spradling

Philip Spradling

Las Vegas Attorney practicing exclusively in Family Law.
  • Divorce, Family Law
  • Nevada
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Biography

What does someone with a master’s degree in philosophy and degree in physics do when searching for a new career? They enter law school of course. Having completed both degrees and dirtying his hands with a half dozen careers (philosophy teacher, condensed matter researcher, and restaurant manager) Philip decided law school was the answer. Attending UNLV Boyd School of Law, Philip was sure to participate in as many areas of law as possible. This exposure led him to family law. It was an exciting area because regular people need personal assistance. Philip wasn’t as excited helping corporation X dissolve from corporate Y than helping regular people with legal problems. Philip is admitted to practice law before all District Courts in the State of Nevada. One of the funnier stories explaining Philip’s personality comes from third grade. For extra work his teacher asked him to hand write words and their definitions from a dictionary. Philip’s excitement from learning new words was so contagious, soon the whole class was following suit. Imagine a class of third graders excited about the dictionary.

Education
UNLV William S. Boyd School of Law
J.D. (2013)
UNLV William S. Boyd School of Law Logo
Professional Experience
Principal Attorney
Momentum Family Law
- Current
Founder, Attorney at Law
Las Vegas Divorce and Custody Center
- Current
Associate Attorney
Standish Law Group
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Divorce Attorney
Right Lawyers
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Professional Associations
State Bar of Nevada  # 13590
Member
Current
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Jurisdictions Admitted to Practice
Nevada
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Fees
  • Free Consultation
  • Credit Cards Accepted
Practice Areas
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Legal Answers
Q. Can it be ordered that only the biological parents of a child can claim them for taxes?
A: You mean by a state court judge? Not really.

The IRS has its own rules regarding who can claim children for various exemptions and tax benefits. For the dependent deduction, it is generally the person the child lived with more than half the year, but there are other requirements. See, for instance, https://www.irs.gov/credits-deductions/individuals/child-tax-credit#:~:text=Be%20under%20age%2017%20at,financial%20support%20during%20the%20year and other IRS publications.

A state court judge has no authority to tell the IRS who can claim deductions or other tax credits. But state judges can and do try to get around this, such as by requiring parties to fill out forms (like form 8332) that release or waive child tax deductions.

If you mean by a federal judge sitting in a tax court, then absolutely yes. If the federal judge, interpreting the tax law and IRS regulations, determines that the biological parents qualify, then the judge can order that the biological parents receive the deduction.
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Q. Can the plaintiff ask for their case to be cleared or thrown out due to many inefficiencies and errors in Affidavit?
A: In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.

But faced with the sort of errors you describe, the judge will almost certainly allow the plaintiff to amend in order to correct those errors. A judge would also probably begin seeing you as a problem defendant and overly litigious, which is probably worse than being prone to the sort of errors you are talking about.

If there an important error in the pleadings, then you should probably work with the Plaintiff to get those errors fixed. If it isn't important, then you should ignore it. ... Read More
Q. A NV sheriff has divorce papers from NY where my husband lives.What happens if I don't accept them?
A: Proper service does not require 'acceptance.' If the papers are handed to you or otherwise placed into your knowing possession, then you have been served. Service can also be made by giving the papers to an adult staying at your home. In Nevada, service can even be made to a guard in a gate-controlled neighborhood.

If your husband is unable to serve you, he may ask the court to allow service by alternative means. Sometimes courts will allow service by email, certified mail, Facebook, or other methods reasonably calculated to give notice. This is especially true if someone seems to be deliberately avoiding service. Alternative service can also be made by publication, which means publishing in a newspaper for a length of time. Some of these newspapers are not widely read, so you run the risk of getting no actual notice of the divorce lawsuit.

If you do not respond to a divorce complaint that has been served, whether it has been served by placing it in your possession, by publication, or by other alternative means, then you husband can obtain a default and automatically win everything requested in the complaint.
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Websites & Blogs
Website
Momentum Family Law
Blog
Momentum Family Law Questions and Answers
Contact & Map
Momentum Family Law
2620 Regatta Drive, Suite 102
Las Vegas, NV 89107-2208
US
Toll-Free: (702) 769-2747
Telephone: (702) 769-2747
Monday: 9 AM - 6 PM
Tuesday: 9 AM - 6 PM
Wednesday: 9 AM - 6 PM
Thursday: 9 AM - 6 PM (Today)
Friday: 9 AM - 6 PM
Saturday: Closed
Sunday: Closed
Notice: Telephone answered 24/7. In person consultations by appointment only.