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Questions Answered by Andy Chen
2 Answers | Asked in Employment Law for California on
Q: If I worked 9 hours one day and 10 hours 3 days which is 39 hours Will my hours the 5th day after I pass 40 overtime?

my regular hours of work is 8 hour days monday -friday but i exceed 40 due to overtime before friday.

Andy Chen
Andy Chen
answered on Feb 11, 2017

I assume you are eligible for overtime (e.g. you have received it previously). If so, then the answer is OT begins after the 8th hour of work in a given day, even though you are still under 40 hours for the given week. Thus, in your situation, you have 1 hour of OT on day 1 and 2 hours of OT on day... View More

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2 Answers | Asked in Divorce for California on
Q: Married in October of 04 in Vegas and 05 in CA. Dissolution has 05 date as marriage date. Am I divorced?
Andy Chen
Andy Chen
answered on Feb 11, 2017

You are not divorced under California law until you receive a divorce judgment (google "FL-180" to see a blank copy) signed by the judge. Many people in California try to do their own divorce and they mistakenly think that simply filing the petition is sufficient and the court will grant... View More

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2 Answers | Asked in Child Custody for California on
Q: I need to seek legal advice regarding child custody matters and visitation. My Ex just filed a form 311 in Marin County

I need to seek legal advice regarding child custody matters and visitation. My Ex just filed a form 311 in Marin County courts to change our visitation agreement and parenting plan.

I am currently living in London. I am scheduled to see my son 3/5/17-3/12/17 and have already purchased my... View More

Andy Chen
Andy Chen
answered on Feb 11, 2017

I don't see any documents attached. In general, for any change of visitation or custody, the reason(s) behind seeking such a change are going to be very critical. In family law, in particular, litigants often file meritless papers out of anger, spite, etc. If you do not plan on moving to Marin... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My ex Died suddenly, 10 yrs ago w/no will. He had 1 child whose lived in the home since & paid the mortgage & taxes.

He has never been able to pay the $10,000 for probate, which he should have done with the insurance money ... but he was too overwhelmed, in college, trying to pay all the bills (including those of his dad's fiancée & 2 girls). $144,000 doesn't go very far.

The house is... View More

Andy Chen
Andy Chen
answered on Feb 11, 2017

I concur with Kenneth. There is an aspect of California law that helps you tremendously here: California lawyers cannot charge upfront for cases. By law, probate lawyers in California get paid out of the estate of the deceased. There is a table of percentages -- in other words, the lawyer gets X %... View More

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1 Answer | Asked in Animal / Dog Law for California on
Q: My city allows only 3 dogs, I have 4 and I am a responsible owner. Can they prevent me from having more than the 3.
Andy Chen
Andy Chen
answered on Feb 4, 2017

In general, I'd say the answer is yes. I am assuming that the city ordinance does say something like "you can have up to 3 dogs, unless you're responsible in which case you can have more." A vague standard like "responsible" would make it such that the ordinance would... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: How do I respond to a request of child custody when my ex wrote some that are not exactly true?
Andy Chen
Andy Chen
answered on Feb 4, 2017

I concur with Mr. Torri. Litigants say all sorts of crazy stuff in court, in family court especially. If your ex has said stuff that isn't true, you should respond to it and point out what you disagree with and, ideally, include evidence that proves your ex is wrong. If you don't point... View More

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1 Answer | Asked in Immigration Law for California on
Q: I'm a green card holder since 2007 in 2013 i got a petty theft charge that I got expunged last year. Can I apply to

Become a USA citizen or should I not?

Andy Chen
Andy Chen
answered on Jan 22, 2017

I'm pretty certain that expungement of a state-level crime is not recognized at the federal level for immigration. In other words, in the eyes of USCIS, your petty theft is still there. Having a criminal history of any kind is not a good thing when it comes to applying for citizenship, but... View More

1 Answer | Asked in Child Support for California on
Q: My wife is collect CS from hers sons dad. He'll be 18 in a few mons and wants to move in. Can his dad file to collect CS
Andy Chen
Andy Chen
answered on Jan 2, 2017

Probably not, but possible. Two things: (1) child support generally ends either at age 18 or, if the child is still in high school at age 18, then either 19 or high school graduation, whichever is earlier. If the child turns 18 in a few months, child support in general may be ending, depending on... View More

1 Answer | Asked in Employment Law for California on
Q: I want to sue my past employer for not taking 10 min break ever since employed. How can I start the process

I have no record since I did get rid of my time punch cards. Also my ex-coworkers are witness to this since none took a 10 min break either. The restaurant also no record of me taking a 10 min break

Andy Chen
Andy Chen
answered on Jan 2, 2017

If you have no evidence, then your case will be more difficult to prosecute. The fact you have witnesses helps, but witnesses can be discredited as, for instance, bitter or substandard employees with a grudge. You can talk to a lawyer about pursuing a case about "failure to provide rest... View More

2 Answers | Asked in Child Custody for California on
Q: My ex husband got temporary custody of my daughter at an ex parte hearing. Shouldnt i have been informed?
Andy Chen
Andy Chen
answered on Jan 2, 2017

How does Denver or Colorado affect your situation? If this hearing occurred in Colorado, you should repost this in the Colorado forum.

If this hearing took place in California and you merely live in Colorado, then the answer to your question is no. Custody and visitation can temporarily be...
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2 Answers | Asked in Divorce for California on
Q: Got a legal separation in san diego county and now live in ventura county can i file for a divorce in this county?
Andy Chen
Andy Chen
answered on Jan 2, 2017

You have to have lived in ventura county for at least 3 months for the court there to have jurisdiction over a divorce. You don't need to go back to San Diego County to do your divorce, if that is what your question is.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord is charging me Attorney Fee even though there was no clause in lease agreement about it. Can he do that?

Says its for drafting eviction notice but wont send me invoice. or itemized report on why he's charging me $350 to repair my room when i was only there for 3 months.

Andy Chen
Andy Chen
answered on Jan 2, 2017

The answer to your question is no. In CA, the only ways attorneys fees can be awarded is (1) by contract, (2) by statute, or (3) it is ordered by the judge. In landlord-tenant cases, (1) is usually the most applicable. Additionally, is the landlord trying to charge attorney's fees for his own... View More

2 Answers | Asked in Contracts and Legal Malpractice for California on
Q: what is a retainers fee? in regards to a lawyer.

When a client and a lawyer separate and the lawyer requests a payment covered by the amount retained by the deposit, can a lawyer ask for more money by securing all paperwork involved with your case refusing to release any documents?

Andy Chen
Andy Chen
answered on Jan 2, 2017

Are you asking whether a lawyer you have let go (e.g. fired) can hold on to your documents and refuse to return them until you pay off a debt or unpaid bill with that lawyer? If so, the answer is no. The authority for this is California Rule of Professional Conduct 3-700. You can google that. What... View More

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1 Answer | Asked in Child Support for California on
Q: can you be forced to pay back child support during the time when the child lived with you 100% of the time?
Andy Chen
Andy Chen
answered on Jan 2, 2017

You can. What should have happened is that if the order for support assumed that the child was not living with you 100%, then you should have gotten that order modified. The new order would have the child living with you 100% and the child support would probably have gone down.

In my...
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2 Answers | Asked in Divorce for California on
Q: When a 2336 final judgement for dissolution is filed, does that mean my divorce is final? I am in California
Andy Chen
Andy Chen
answered on Jan 2, 2017

No. Your divorce is final when you receive the FL-180 dissolution of judgment form that is signed by the judge. The actual date of you being single and free to marry again is the date indicated on the FL-180 as "parties returned to the status of single persons as of:"

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3 Answers | Asked in Child Support and Family Law for California on
Q: my name is not on my childs birth certificate, how i can add it?
Andy Chen
Andy Chen
answered on Jan 2, 2017

To add on to Ali's comment, adding a parent's name to a birth certificate can be a two-part process. First, parentage or paternity has to get established in the family courts with a paternity or parentage case. Then, the court order resulting from that case is used to get the name added.... View More

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2 Answers | Asked in Family Law and Adoption for California on
Q: Do I have to show up for custody hearing? Wife got pregnant during divorce by someone and they say I'm responsible.

Not my Kid. My wife's husband wants to adopt. That's what the hearing is about. I just can't get to San Diego. I am handicapped unemployed and homeless. I don't know what to do?

Andy Chen
Andy Chen
answered on Jan 2, 2017

If you can't get to San Diego, you should at least file something with the court there indicating that you disagree the child is yours. If the husband wants to adopt great, but it is possible he might change his mind, etc. If that's the case, I can imagine the San Diego court deciding not... View More

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2 Answers | Asked in Civil Rights and Civil Litigation for California on
Q: Ca someone in California be served via regular mail for a civil lawsuit ?
Andy Chen
Andy Chen
answered on Jan 2, 2017

It depends where this lawsuit is. If it is from a California court, then yes, you can be served by mail. If it is for another state, you might be able to be served in general, but the answer to that is more complicated. Consult a lawyer for an explanation about minimum contacts, long arm statutes,... View More

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1 Answer | Asked in Child Support for California on
Q: What happens when the other party fails to provide proof of income for a child support modification?

I lost my full time job and filed for a modification, but since she failed to provide her proof of income, they based hers off of minimum wage and based mine of off my last job which was $2300 a month. I don't qualify for unemployment and I am bringing in only $300 a month from cleaning pools.... View More

Andy Chen
Andy Chen
answered on Dec 24, 2016

It doesn't sound like it as they appear to have used income that you were telling them was out of date. Child support court is weird, though. In theory, you should not need a lawyer to be treated correctly in any court. In my experience, though, if you don't have a lawyer in child support... View More

1 Answer | Asked in Traffic Tickets for California on
Q: I got a seatbelt ticket in California and I was a passenger. I'm from az. Can they do that?

I get a letter later saying that they'd just take payment from my tax refund so I didn't worry about it. At least it would get paid; still having trouble finding ft work. Now I have a letter saying they're going to suspend my license. Can they do that if I'm from out of state?

Andy Chen
Andy Chen
answered on Dec 24, 2016

Yes, they can. When you are in California, you are subject to California's laws without regard to what state you are from. There is indeed a law here requiring everyone in a car to be wearing their seatbelt.

When you are in Arizona, you are subject to Arizona's laws.

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