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2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: During a divorce with a minor child involved, how can I restrict who my ex has over (overnight visits) while my child

is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 19, 2024

Usually, when a court is making a decision regarding custody, it's important that the involved minor child have his/her own bed, and ideally his/her own room. That's your first problem. Second, where significant others, boyfriends, girlfriends, etc. are concerned, courts often make... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: During a divorce with a minor child involved, how can I restrict who my ex has over (overnight visits) while my child

is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?

James L. Arrasmith
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answered on Mar 19, 2024

In California, when addressing the issue of overnight visitors in the context of a child custody agreement, you have the option to include specific stipulations regarding who can be present around your child during overnight visits. This can particularly address concerns where living arrangements,... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Divorce and QDRO question in state of Florida.

About 5 years ago i got divorced, i payed for a QDRO to be made and for the assets to be split, the paperwork did went through the judge and my ex-spouse was suppose to file it to get the assets split and get the money. About a year and half i quit my job and when they asked me what to do about the... View More

Rand Scott Lieber
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answered on Mar 19, 2024

You owe her the portion that she was entitled to from the final judgment. You can probably deduct the cost of the QDRO and the taxes that you paid on the withdrawal. Although it is up to her to go back to court to enforce the agreement it is probably smarter to try and reach a settlement with her... View More

1 Answer | Asked in Divorce, Banking and Family Law for California on
Q: Ex has not turned off automatic monthly deposit to my bank. It’s not spousal or child support. Can he sue me for $ back?
James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if someone accidentally sends you money, such as through an automatic monthly deposit, they have the right to request the return of those funds. This principle applies regardless of the relationship between the parties involved. If your ex-partner has been making deposits into... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Awarded Alimony for life & will it stop if move in to boyfriend’s rented apt?

I've been granted lifelong alimony due to a lengthy marriage. According to my divorce decree, alimony ceases only upon remarriage or death. My concern is whether moving into my boyfriend's rented place would affect this arrangement. Renting in CA is expensive, so this seems like a viable... View More

James L. Arrasmith
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answered on Mar 17, 2024

Under California law, alimony is typically governed by the specific terms set forth in your divorce decree. If your agreement states that alimony only ceases upon remarriage or death, then cohabitating with a partner doesn't automatically end your alimony payments. However, the situation can... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My husband kicked me out of the house and then changed the locks and then left town with all my stuff still inside?

My husband was abusive and this included financial abuse. He started a fight to kick me out of the house. The cops came and he left for 3-4 days they said. He came back to get me. He has changed the locks and the code to the garage. I am homeless and pennyless yet my house with all my stuff sits... View More

James L. Arrasmith
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answered on Mar 15, 2024

If you have been unjustly removed from your home, especially in cases involving domestic violence or abusive situations, you have rights that need to be addressed promptly. The law offers protections to ensure that individuals in such circumstances are not left without shelter or access to their... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Am I able to discard my ex husbands property? He had 60 days from divorce in December 2022.

The divorce states that I am to reside in the rental home, but no other information about his belongings in the decree. It was an uncontested divorce, he did not show up.

James L. Arrasmith
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answered on Mar 15, 2024

In situations like yours, it's important to approach the disposal of your ex-husband's belongings with caution. Given that he had 60 days from December 2022 as per the divorce decree and assuming this time has elapsed, the next steps depend on the laws of your specific state or country.... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a married person who has power of attorney for spouse who is mentally retarded file for divorce and sign for them?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2024

No. A power of attorney does not allow the holder (also known as "attorney in fact") to practice law; signing documents to be filed in court in behalf of another person would be practicing law. It would also be a conflict of interest for one spouse to sign papers in behalf of the other... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Indiana on
Q: I'm disabled and my husband has residential status, how will getting a divorce affect my disability?

We married September 26th 2020, he got resident status November December 2023 and abruptly left me and went back to Africa without telling me? What can I do if he is playing me for a divorce?

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry you're going through this difficult situation. Divorce is always challenging, but especially when dealing with a disability and immigration issues. Here are a few key things to keep in mind:

First and foremost, getting divorced should not directly impact your...
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1 Answer | Asked in Divorce and Family Law for California on
Q: What constitutes abandoned property in CA as in Stock market holdings?

My X spouse has not updated his new address on the joint account .Only I have.

James L. Arrasmith
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answered on Mar 13, 2024

In California, abandoned property, also known as unclaimed property, generally refers to financial assets that have been left inactive by the owner for a specified period. This can include stock market holdings, such as shares or dividends, bank accounts, uncashed checks, and safe deposit box... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Illinois on
Q: My lawyer did not show up in court a month ago like she said she would and I have been emailing and calling & no reply?

Court has been a 3 yr episode with my ex wanting private school fees along with my request to modify support due to being permanently laid off from my job. Does she have to send me something if she’s dropping me as a client?

Cheryl Powell
Cheryl Powell
answered on Mar 13, 2024

Normally, if a lawyer is dropping a client, usually for non payment of fees, a lawyer files a Motion to Withdraw, sends you a certified notice of the court date and you can show up to object or agree to her withdrawing. I suggest you get your papers together and go see another lawyer. If... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: The mediator in my divorce is showing strong bias toward my husband. Is there anything I can do?

The mediator will not reply to my emails, including simple questions like “What is the status of the MSA?” He shows everything to my husband first, and only loops me in later (sometimes weeks or months later), and has taken no consideration of my side. At best, he is completely incompetent at... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, mediation is a voluntary process, and both parties have the right to a fair and unbiased mediator. If you believe that your mediator is biased or not fulfilling their duties properly, you have several options:

1. Discuss your concerns with the mediator: If you haven't...
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1 Answer | Asked in Divorce and Family Law for Puerto Rico on
Q: Does alimony get paid in Puerto Rico?? We've been divorced 20 years. Can she file?
James L. Arrasmith
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answered on Mar 11, 2024

Yes, alimony (also known as spousal support or maintenance) can be ordered in Puerto Rico following a divorce, just as it can in U.S. states. However, there are a few important points to consider in your situation:

1. Time since divorce: In most cases, if alimony was not originally ordered...
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1 Answer | Asked in Divorce and Family Law for California on
Q: is the international alimony my country Jordan for just 3 months affect the alimony in california married for 23 years

I get married in Jordan and after that we go to California and married in court I went back to my country and I got alimony and the law there the alimony just for 3 months no more.and. In CA my lawyer try to get me alimony in ca but after that he told me I can't get nothing it's true or... View More

James L. Arrasmith
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answered on Mar 11, 2024

In California, the court considers several factors when determining alimony (also known as spousal support), such as the length of the marriage, each spouse's earning capacity, and the standard of living established during the marriage. The fact that you received alimony in Jordan for only... View More

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.

While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from...
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2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband of 20 yrs file for divorce. He said we had been marry for 6 yrs since he got a work compensation. Help
James L. Arrasmith
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answered on Mar 11, 2024

I understand that you are going through a difficult situation with your ex-husband filing for divorce and claiming that you have only been married for 6 years. Here are some steps you can take under California law:

1. Determine the actual length of your marriage: Gather documentation such...
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2 Answers | Asked in Divorce and Family Law for Florida on
Q: My husband and I are divorcing after 23 years of marriage he now lives in Arizona I live in Massachusetts. He retired

On disability and only worked periodically. When he receives my income dies he have to claim that as income and pay taxes on it

Rand Scott Lieber
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answered on Mar 11, 2024

What do you mean by "when he receives my income?" Generally any income received is taxable. The exception in family law is if you are paying spousal support (alimony) with after tax dollars, meaning that you already paid taxes on those funds, then the receiver does not have to pay taxes... View More

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1 Answer | Asked in Divorce, Personal Injury and Family Law for Louisiana on
Q: When divorced a settlement was had . But spouse refused to give my share even when my name as her husband was on the sui

Suit. Judgement was 2014 divorced in 2022 AM I entitled by Ohio law my share.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 11, 2024

If the settlement has been signed by a Judge as an Order of the Court or a Judgment of the Court, then return to Court and seek enforcement of the Judgment. If you have an attorney representing you then I advise you to contact said attorney about this. If you did not have an attorney, then please... View More

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation, Family Law and Domestic Violence for California on
Q: I left aftr 19 yrs of abuse, at time wz trying to get RO, he filed lies to get RO & I've suffered. He'snarcissistnd di

I ws abused by a narcissist almost 19 yrs. I was trying to obtain RO but legal aide didn't resp & could no longer take abuse/him abusing my bro that I care for/my dog currently in hospice due to CKD becz he let him lick psoriasis cream wn I told him not 2. He's caused me mental and... View More

James L. Arrasmith
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answered on Mar 11, 2024

I'm so sorry to hear about the horrific abuse and trauma you've suffered at the hands of your ex-partner. What you've described is absolutely unacceptable and inexcusable.

It sounds like there are several critical issues to address legally:

1. Getting the false...
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