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

Episode Date: February 2, 2023

Eboni K. Williams With Legal Advice For Our ListenersSee omnystudio.com/listener for privacy information.

Had enough of this country? Ever dreamt about starting your own? I planted the flag. This is mine. I own this. It's surprisingly easy. 55 gallons of water, 500 pounds of concrete. Or maybe not. No country willingly gives up their territory. Oh my God.

What is that? Bullets. Listen to Escape from Zakistan. We need help! That's Escape from Z-A-Q-istan on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. Hey guys, I'm Kate Max. You might know me from my popular online series, The Running Interview Show, where I run with celebrities, athletes, entrepreneurs, and more. After those runs, the conversations keep going. That's what my podcast

Post Run High is all about. It's a chance to sit down with my guests and dive even deeper into their stories, their journeys, and the thoughts that arise once we've hit the pavement together. Listen to Post Run High on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. Hello, my undeadly darlings. It's Teresa, your resident ghost host. And do I have a treat for you. Haunting is crawling out from the shadows, and it's going to be devilishly good. We've got chills, thrills, and stories that'll make you wish the lights stayed on.

So join me, won't you? Let's dive into the eerie unknown together. Sleep tight if you can. Listen to Haunting on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. Hey, what's up? This is Ramses Jha. And I go

by the name Q Ward. And we'd like you to join us each week for our show, Civic Cipher. That's right. We discuss social issues, especially those that affect black and brown people, but in a way that informs and empowers all people. We discuss everything from prejudice to politics to police violence, and we try to give you the tools to create positive change in your home, workplace, and social circle. We're going to learn how to become better allies to each other. So join us each Saturday for Civic Cipher on the iHeartRadio

app, Apple Podcasts, or wherever you get your podcasts. Hey y'all, Niminy here. I'm the host of a brand new history podcast for kids and families called Historical Records. Executive produced by Questlove, The Story Pirates, and

John Glickman, Historical Records brings history to life through hip-hop. Flash, slam, another one gone. Bash, bam, another one gone. The crack of the bat and another one gone. The tip of the cap, there's another one gone. Each episode is about a different inspiring figure from history. Like this one about Claudette Colvin, a 15-year-old girl in Alabama

who refused to give up her seat on the city bus nine whole months before Rosa Parks did the same thing. Check it. And it began with me. Did you know, did you know? I wouldn't give up my seat. Nine months before Rosa, it was Claudette Colvin. Get the kids in your life excited about history by tuning in to Historical Records. Because in order to make history, you have to make some noise.

Listen to Historical Records on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. Morning, everybody. It's DJ Envy, Charlamagne Tha God. We are The Breakfast Club. We got our guest host, Ebony K. Williams, joining us. That's right. Now, she's an attorney. She's definitely an attorney. And she's a podcast host. She's a podcast host.

You've been listening to her podcast, Hold It Court. She has her own show coming out. With the good brother, Dustin. Yeah, she has her own court show coming out, Equal Justice. But, you know, she gives out legal advice quite often on her podcast, Hold It Court. Correct. And since we have her here and we got her for the low-low. As far as we know. It's free 99. Okay. it's free 99 okay all right we got that repeat that recorded please

that's on the record that's right that's right so 800-585-1051 if you need any type of legal advice she's here and we'll go right to the lines hello who's this hey this jay jay what's up man what's your question for Ebony? So listen, I didn't have custody of my daughter since she was three. She just turned 12 last year. I, like, she been kind of going through some things, so I kind of let her move back in with her mom. But now it's a situation where my daughter wants to move back with me. But her mom wants to kind of keep her.

And I understand because they've been missing that time. But I think my daughter's just more comfortable staying with me. But her mom wants to kind of keep her. And I understand because they've been missing that time. But I think my daughter's just more comfortable staying with me. But we haven't filed any, like, custody papers or nothing like that other than, like, when I went to court when she was three. Yeah.

So it's like, do I, should I have got any papers establishing custody? What could I do? Let me help you out, Jay. It's actually pretty simple on this one. The good news about child support and child custody, there's only one actual

law. Best interest of the child. That's it. It's totally controlling. Who makes that decision? That will be a judge in family court. So this is the thing, Jay. If you've had custody since from 3 to 12, you probably still have legal and physical custody, but for a change in the agreement. So if you really want your daughter to come back and stay with you and that's what she wants, you could probably have that happen.

If your wife tries to, ex-wife brother, her mother tries to fight you for it, then you can petition a court for sole legal and physical custody. And the judge will decide who is her best interest. And if it's you, you're good. Good luck, brother. Hello, who's this? Hi, good morning. What's your question for Ebony K. Williams? All right.

So I went to court back in November for a child support court. Got it. So the next thing I knew, I'm waiting. The judge, we have to be letting through Zoom. So we get in. My ex-husband gets in. Everybody's in. The judge says, okay, well, sir, how can you prove that you have a diagnosis from a doctor that says you cannot work?

He says, well, I never went to a doctor, but I have a condition called drop foot. And the judge is like, well, i would need some medical documentation saying that you have this condition and you cannot work mind you this is a man that just came to new york in september and built his mom's basement so he he's very functional you understand i hear you so i'm in the zoom meeting just watching all this play out. He told the judge, well, I've been sending her $150 a month. This only started the month before court. And the only reason he started doing that is because he got served with the court papers. Right.

So this is not something he has been doing and whatnot. Why did the judge order him to continue paying 150 dollars without no medical documentation and without asking for any taxes without there was no papers that he put in like i had to put in my income i had to put in my bank statement i had to put you know i forgot the word that it happens before court you have to add all these documents in via the internet and uh-huh i said so so is your issue that you want him to pay more child support i want him to pay a proper amount all right so let me tell you what to do i hear you i totally hear your frustration it sounds like what what you're telling me sounds like a lot of steps were

missed but let's get to solutions right so you need to file uh an amendment you need to say you want an amendment to your child support order you need to suggest to the court whatever you think is a reasonable amount five hundred dollars seven fifty whatever it is for you sis and not even i just i wanted four hundred dollars a month so then that's what you you got to do the legwork and this is frustrating y'all because in child support and family law it's not like criminal law it's not even like civil law. It's all on the parties to do the legwork. And I know that does not seem fair.

It's very expensive. Before you say anything, I've done this three times. Mind you, I've fought for custody for my daughter six times. And the only reason I didn't win before is because he worked at a job that paid him $160,000 a year so he wasn't trying to give up my daughter he wasn't because he knew he would have to pay me 17% of his paycheck correct and he was like no I won't custody her she's doing good in school this is a child I had called in years ago This is a child that they put in a cab at five years old to take a cab, a regular cab. Like you call the cab company and they come.

And this is all of that. This is from stemming from all of that. I finally got custody after paying $9,000 to a different lawyer. And I got custody. The judge was like, no, wait a minute. This isn't right. So now, look, I'm dealing with this again with child support. It's ridiculous. So what do you suggest? Yeah, it's a frustrating system.

And I hear it in her voice. You can hear the emotion there. And that's real. Because family court systems are essentially a made up system. And they are designed for money. You know what I mean? And by the way,

what she mentioned about her ex or whatever making $160 a year and going for full custody that's getting very common you see the high earning parent male or female non-binary don't matter saying I'm no longer willing to conceive high child support payments

just give me custody we see it all the time I mean I just you know and not to do anybody's you know what they make but if time. I mean, I just, you know, and not to do anybody's, you know, what they make. But if you make $160,000 and all you give for that child is $150. Trash. Something's wrong. Come on, there's taxes. So technically that person's probably only making like an 80, 90.

But still $150 for your child a month and your child's five years old, six years old. That's a lot of money in some places. $150 a month when you make that much money? Come on, bro. I'm not saying that's good. She deserves more, but that is a lot of money. Some people don't get that. I know people that get $40 in child support. Yeah, but do their partner make

$160,000? I don't know. You have kids. $150 between food, activities, schooling, clothes. Don't put me in this situation. Take me out. between food, activities, schooling, clothes. Transportation. Don't put me in this situation, sir. Take me out.

Then don't put me in this. All right. I'm not a good example. You're right. 800-585-1051. Ebony K. Williams is here. Of course, she's an attorney, and she's answering all your legal questions.

So call her now. It's The Breakfast Club. Good morning. Good morning, everybody. It's DJ Envy, Charlamagne Tha Guy. We are The Breakfast Club. Our guest host, Ebony K. Williams, is here. Of course, everybody. It's DJ Envy, Charlamagne Tha Guy. We are The Breakfast Club. Our guest host, Ebony K. Williams, is here.

Of course, she's an attorney, and she's answering all your legal questions for free. That's right. I said free, so you better call up and ask her what you need. And we have Brandi on line three. Brandi, good morning. Hi, good morning. Good morning, Brandi. What's your question?

So my question is, I bought a truck from a used truck. And within the first 48 hours, my service engine light came on. And I have went through, this was January, and my truck has been serviced by this company a minimum of 10 times. I have been promised by different managers that they're going to fix it. They're going to replace my truck. And now here we are. Truck still acting up. It's not working right.

And now they're dodging me. And I can't get any help anywhere. So I'm just wondering legally, do I have any feet to stand on? Yeah. Brandi, I got good news for you. You got a case. Depending on where you live, it sounds like you said the truck started acting funny after, did you say 48 hours? Yes, ma'am. Okay.

Yeah, so most states have a lemon law. A lemon law says if your vehicle starts acting up, it could be anywhere from 30 days to, I've seen up to 90 days, you are entitled to a new vehicle. You don't even have to continue to pay or invest in service uh but but you are going to need a lawyer uh and and my hope for you miss brandy is you can find an attorney that specializes in lemon law litigation that will take your case on a um a contingency fee uh versus a retainer uh and allow and allow you to uh pay their fees after you get some relief. That's my hope for you, dear. Okay. Good luck, Mama.

Okay. Thank you so much. You're welcome. Hello, who's this? Hi, my name is Sabrina. How are you? Good morning, everyone. Good morning, Sabrina.

What's your question for Ebony K. Williams? So I purchased a home in 2020. So my mortgage was $2,500. And I told them in 2022, the bank said they made a mistake. I didn't have enough in escrow. So now the mortgage is $3,402. Is that legal? Can they do that?

First of all, congratulations on your home purchase, Sabrina. Thank you. I would need a couple more facts to give you a solid answer. But the short answer is probably actually because of the nature of the fiscal agreement between your lender and yourself. Basically, you were given a mortgage payment amount on a conditional term. And once they found that they made a mistake, I hear you. It was their mistake of not calculating the escrow account properly. But then you would have to carry the

the extra expense that's that's likely the scenario okay and remember escrow can change depending you know so if your tax goes up your escrow can go up also if you have a adjustable rate it can go up as well and same thing with insurance because insurance is an escrow as well so if your insurance goes up meaning there's a lot of stolen cars in your neighborhood your insurance goes up your escrow can go up as well so you just your insurance goes up, meaning there's a lot of stolen cars in your neighborhood, your insurance goes up, your escrow can go up as well. So you just need to find out why it went up.

Check your escrow because it happened to me the other day. Mine actually went down and I was trying to figure out what happened. I thought I wasn't paying enough, but depending on taxes

and insurance, your escrow can go up and down. Okay, thank you so much. Good luck. Thank you, Ms. Sabrina. Hello, who's this? Hey, this is Kay. All right, what's your question for Abby D.K. Williams?

Okay, so I have a 70-year-old son. He's in second grade. He came home last week, Wednesday, and he told me that his teacher doing a lesson said that black people need to smile so that we can see them. Whoa, whoa. Whoa. That's an old joke. Jesus Christ. That's an old school joke.

Mouth drop on that one. You can't tell me that ain't an old school joke. Lord have mercy. Oh, my God. Go ahead, Ms. Kay. Whoa. That's an old joke. Jesus Christ. That's an old school joke. Mouth drop on that one. You can't tell me that ain't an old school joke. Lord have mercy. Oh, my God. Go ahead, Ms. K. Damn. Okay, so I contacted the school assistant principal. She didn't seem as upset as I thought that she should have been,

that someone in her school is, you know, teaching kids this. I went a little further. I decided to contact the teacher. She did admit to me that it was something that she stated, but the purpose of stating that in a lesson, I didn't like the way that then went. So then I contacted the dean of the school. I sent an email so that I can have a record of me contacting. I then got another call from the head principal. Long story short, they moved his class, which is what I was asking. But he's not okay. He's not okay mentally. He's not okay

emotionally. Even though he's only eight, just turned eight on Sunday, he's very in touch with his feelings. He doesn't understand why someone would say of a different color that his color, he has to smile to be seen he just keeps saying just turn on the light he's crying okay listen listen let me let me let me Jesus Christ let me try to help you out here so this is horrific what you're describing I actually not even joking with you I think you need to think about calling being crump I really do um because i think what you're going to have a case for is what we call emotional distress okay that's a tort claim that's a classic tort claim claim

that says that someone has intentionally inflicted and by this in this case it would be the words right uh saying something so outrageous horrendous um soul crushing to a young formative years your son's seven the understanding identity who they are in this world which is already hard enough uh and for someone especially a white person even if a black teacher said this i want to be clear y'all right you still got a claim absolutely you know but a white teacher saying it makes it just more egregious towards your son so i think you got a legitimate emotional distress uh complaint and what does that look like uh in terms of money you would get damages to make towards your son. So I think you got a legitimate emotional distress complaint. And what does that look like in terms of money? You would get damages to make sure your son has payment for his mental health treatment.

If he needs any anti-anxiety or anti-depression medication. Like, so we would add all that up in the claim. And so we want this times 10, 15, 20 for punitive damages. Yeah. Yeah. Call Ben, some civil rights attorney. Yeah. Good luck, mama.

Thank you so much. Did you go to the school and call the teacher some names? That's what I was going to say. I was going to say you should have pranked the little man with some jokes. I'm trying to do it the right way. But you're right. You got to tell him, stay on the floor. He fell on the floor.

Stay there. You hurt. You know what I mean? Okay. Okay. Yeah, you're right. But just so you know just so charlamagne right teacher says something what would you respond i gotta see the teacher you know i'm saying if she white she gonna get some white jokes but what's she gonna say no i wouldn't say nothing racial no you know i mean i'll call it mayonnaise or something like that you know what i mean because that's not racial at all

that's not racial at all. That's all right. Something light. I would have to see the teacher though. I'm sure there's some good things that he could have said about the teacher but you're doing

the right thing. Yes, he could have. No, cash out, K. Teach us on the cash out. Thank you. Thank you. You walk in the store and you slip and fall,

you stay on that floor. You stay on that ground. If somebody hits you in the back with a car, everything hurts. That's right. My neck, my back, my neck and my back, my neck and my back

You're doing the right thing You know what I mean Those are some old school jokes I've heard all of those By the way, I've used all of those We used to use those back in the day You know what I'm saying On each other

I never heard a teacher say that to a student Not in 2023 No, no, no I did hear teachers used to body shame back in my day Really? Oh yeah, yeah, yeah Teachers would call a kid fat in a minute They're yeah. Teachers will call a kid fat in a minute. They're fat ass, yeah.

They'll call a kid fat in a minute. It wasn't nothing racially driven, but they'll call a kid fat in a minute. All right. 800-585-1051. Ebony K. Williams is still here. Yes, and make sure if you want more of that legal advice, man, subscribe to the Holding Court Podcast with Ebony K. Williams wherever you listen to podcasts. All right. Now, we got rumors on the way.

Tiffany Haddish, will she be doing Girls Trip 2? We'll find out when we come back. It's the Breakfast Club of the Morning. Had enough of this country? Ever dreamt about starting your own? I planted the flag. This is mine. I own this.

It's surprisingly easy. 55 gallons of water, 500 pounds of concrete. Or maybe not. No country willingly gives up their territory. Oh my God. What is that? Bullets. Listen to Escape from Zakistan. That's Escape from Z-A-Q-istan on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. Hey guys, I'm Kate Max. You might know me from my

popular online series, The Running Interview Show, where I run with celebrities, athletes, entrepreneurs, and more. After those runs, the conversations keep going. That's what my podcast, Post Run High, is all about. It's a chance to sit down with my guests and dive even deeper into their stories, their journeys, and the thoughts that arise once we've hit the pavement together. Listen to Post Run High on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. Hello, my undeadly darlings. It's Teresa, your resident ghost host. And do I have a treat for you. Haunting is crawling out from the shadows, and it's going to be devilishly good. We've got chills, thrills, and stories that'll make you wish the lights stayed on.

So join me, won't you? Let's dive into the eerie unknown together. Sleep tight, if you can. Listen to Haunting on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. Hey, what's up? This is Ramses Jha. And I go by the name Q Ward. And we'd like you to join us each week for our show Civic Cipher. That's right. We discuss social issues, especially those that affect black and brown people,

but in a way that informs and empowers all people. We discuss everything from prejudice to politics to police violence, and we try to give you the tools to create positive change in your home, workplace, and social circle. We're going to learn how to become better allies to each other, so join us each Saturday for Civic Cipher on the iHeartRadio app, Apple Podcasts, or wherever

you get your podcasts. Hey, y'all! Nimany here. I'm the host of a brand new history podcast for kids and families called Historical Records. Executive produced by Questlove, The Story Pirates, and John Glickman, Historical Records brings history to life through hip-hop. Each episode is about a different inspiring figure from history.

Like this one about Claudette Colvin, a 15-year-old girl in Alabama who refused to give up her seat on the city bus nine whole months before Rosa Parks did the same thing. Check it. Did you know, did you know I wouldn't give up my seat Nine months before Rosa It was called a woman Get the kids in your life excited about history by tuning in to Historical Records. Because in order to make history,

you have to make some noise. Listen to Historical Records on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.