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Family Law Questions & Answers
1 Answer | Asked in Child Support, Family Law and Immigration Law on
Q: I (US citizen) have a child support case against the father (Latin Country). He is seeking a visa into the US .

He has his US Visa appointment in June in Bogota. Will the child support case impact his ability to obtain a US Visa if he has an open child support case and is seeking to abandon his child who will be a US citizen?

James L. Arrasmith
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answered on Apr 19, 2024

An ongoing child support case can potentially impact visa applications, particularly if there are legal obligations or outstanding issues that have not been addressed. The U.S. Department of State considers various factors under U.S. immigration law when approving visa applications, and adherence... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: if my home is a toxic place and i am 15 teen and I have a 20year old friend who is willing to take me in and house me

if i text them to take me away form my home to their house could they face legail consequences

James L. Arrasmith
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answered on Apr 18, 2024

In this situation, there could potentially be legal consequences for your 20-year-old friend. In California, it is generally illegal for an adult to house a minor who has run away from home without parental consent. This could be considered "harboring a runaway" or "contributing to... View More

1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: What steps do I need to take to garnish my ex's SSDI benefits for my minor child.

My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?

James L. Arrasmith
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answered on Apr 18, 2024

Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:

1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support...
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1 Answer | Asked in Divorce and Family Law for California on
Q: SantaBarbara Co. I have docs to file in San Bernardino Co order for support spousal.

I “freeze up” w this process. I’m disabled cognitively. I need help/guidance. Divorce court has filled docs for me. But I don’t know where to start? I’ve rec’d conflicting info from each county/court. .

James L. Arrasmith
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answered on Apr 18, 2024

I understand that the process of filing court documents can be overwhelming, especially when dealing with a cognitive disability. Here are some steps to help guide you through the process:

1. Confirm the correct court: Make sure you are filing your documents with the correct court in San...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I am looking to file for divorce in the state of New Jersey. I am not sure if my partner had already filed.

Na

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

If your partner filed for divorce, typically they would have you “served”, meaning you would be given a copy of the divorce complaint and any ancillary documents. If your partner has an attorney, you can also contact their office to inquire about the status of any complaint/filing. If your... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

If you and your spouse have been waiting for a Final Judgment of Divorce back from the Court, it may be worth it to contact the Family Division in Hudson County and inquire as to the status of your matter. The phone number is available on the New Jersey Superior Court website. It may be that the... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Hello, My x-wife and I have amicably agreed to a modification of alimony, how do I do that? Thanks.

I have been unemployed for +1yr but have recently taken a +50% decrease in salary to work. My x-wife and I have a great relationship and both agree to new terms. I just don't know how to file paperwork to make this happen.

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

When spouses agree on a modification to their Final Judgment of Divorce (such as an agreement to modify alimony) they can memorialize that agreement in writing and file what’s called a consent order with the Court. Before filing, both parties should sign the written agreement indicating they... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My ex husband put a tracking spyware electronics. I just busted him?

My soon to be ex called a google voice number that i signed up for and left alone for 2 days. He called it teice. His lawyer produced a document i would have never sent him. I have a bunch of mean text but how do i know i wrote them. Also some very important text have been wiped from my phone and i... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, it is illegal to install spyware or tracking software on someone's electronic devices without their knowledge and consent. This falls under the category of invasion of privacy and can be considered a form of stalking or harassment.

If you have evidence that your...
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1 Answer | Asked in Divorce and Family Law for California on
Q: can you help me find a statute or code that states that when community property is to be sold and the proceeds divided,

can you help me find a statute or code that states that when community property is to be sold and the proceeds divided, the parties have a right to use a licensed broker/dealer or neutral third party

James L. Arrasmith
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answered on Apr 18, 2024

Certainly, I can help you find the relevant California statute. The specific law you are looking for is California Family Code Section 2108, which addresses the division of community property. Here is the relevant excerpt from the code:

"In any case in which the parties do not agree...
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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Is the divorce not finalized and is the permanent custody order not in place?

We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More

2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More

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2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

David P. Badanes
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David P. Badanes
answered on Apr 18, 2024

Depending on how many visits have been missed and the reason the non-custodial parent has missed them, you might have a good case to file for a modification of your prior agreement. There are a lot of factors that go into whether or not your modification petition will be successful. I highly... View More

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1 Answer | Asked in Family Law for Illinois on
Q: I need to know if my situation is enough to call cps on my father, and I need to know if I can go through with my plan.

Im in a situation were I feel very unsafe in ym dad´s current home. Ever since he picked me up from my mom´s house my grades have been failing, I was admitted into a psych ward, I started substance abuse and my depression has skyrocketed since 2020. My dad did not have legal permission to keep me... View More

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

I don't believe so. This is a custody case, not a juvenile abuse and neglect case. You are saying what your behavior was, but using drugs is on you, your dad did not force you to use them. Your dad doesn't do your homework or take your tests, it sounds like he kidnapped you and mom... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can an appraiser use pictures of items if spouse refuses to meet appraiser in divorce?

Spouse has luxury watches. He provided me with pictures of them. He is refusing to meet with appraiser and bring watches. If appraiser uses pictures instead of actually inspecting watches, is that called hearsay?

LaDonna M. Cousins
LaDonna M. Cousins
answered on Apr 18, 2024

Consider interviewing a couple appraisers to inquire and compare their rates. You may also consider filing a Motion with the Court asking the Court to compel your spouse to participate in the appraisal, to make a negative inference against your spouse if they refuse to participate, and to reimburse... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex of 18yrs moved out and notarized a document giving me full custody of kids and allowing me to stay in his condo

until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Determining the Effective Date for Modified Support Payments After a Change in Income During Divorce?

During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:

1) Retroactively from the time the income changed,... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:

1. Retroactively from the time the income changed: Generally,...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: What does it mean that the judge ordered the Trial Setting Conference off calendar this date.

I am the respond to a custody case. The following sentence was entered into the minute order after today's trial setting. What exactly does this mean? The petitioner did not show up and neither of us submitted the trial briefs or exhibit list.

"The Court therefore finds that... View More

James L. Arrasmith
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answered on Apr 17, 2024

When a judge orders a Trial Setting Conference "off calendar," it means that the scheduled conference is being removed from the court's calendar on that particular date. In other words, the Trial Setting Conference will not take place on the date it was originally scheduled.... View More

1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

James L. Arrasmith
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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Q: What is the Dead Man's Statute?

My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More

James L. Arrasmith
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answered on Apr 17, 2024

In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.

Under the Dead...
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2 Answers | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: La esposa muere. Puede el esposo vender la casa si se volvio a casar y 3 hijos herederos no estan de acuerdo en vender?

Mi madre murio, hay una casa que se heredo entre hijos y mi padre. Mi padre se volvio a casar, quiere vender la propiedad pero los hijos no quieren vender. Es posible vender aun si parte de los herederos no estan de acuerdo?

James L. Arrasmith
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answered on Apr 17, 2024

De acuerdo con la ley de California, si la casa era propiedad comunitaria de su madre y su padre, entonces su padre heredó automáticamente la parte de su madre al momento de su fallecimiento. Esto significa que su padre ahora es dueño de la totalidad de la casa.

Sin embargo, si su madre...
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