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Questions Answered by Martha Bronson
3 Answers | Asked in Family Law for California on
Q: Serving supplemental declaration and income and expenses documents

My ex was told he would be sanctioned if he didn’t file court documents prior to court hearing. The only reason I found out that he did file paperwork with the court was because I logged in into court search records but otherwise I haven’t received anything through mail like he states he served... View More

Martha Bronson
Martha Bronson
answered on Feb 21, 2024

When a party to the action serves another party the court is notified by the party filing a Proof of Service. There are forms to use to fill out, sign under penalty of perjury and file with the Court. If the party falsely declares having served you, it would be against the law. If I were you,... View More

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3 Answers | Asked in Family Law and Divorce for California on
Q: Could I be awarded spousal support?

Marriage of almost 14 years where ex was the primary income throughout the marriage. I was mostly a stay at home mom and eventually did take vocational school of something of his choosing. I always wanted to be medical assistant and work with babies. I’m currently attending school full time for... View More

Martha Bronson
Martha Bronson
answered on Feb 21, 2024

It is possible that you may be entitled to spousal support. It will depend upon various factors under California Family Code Section 4320 for permanent support. Your need and his ability to pay will be important to establish for the Court to consider, in addition to the other factors listed in... View More

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to motion to vacate specific directives within Minute order?

After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.

In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More

Martha Bronson
Martha Bronson
answered on Feb 19, 2024

If you have a legally permissible reason to set aside or vacate 2 of the 10, then you should address 2 of the 10 ..... setting aside or vacating what appear to be stipulated orders, is usually only done in cases where some sort of fraud or misrepresentation has been perpetrated which the other... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: The grandmother of my child is custodial guardian as a third party can she child support me

Even tho the mother tried to child support me but was denied since I had receipts of Al the things I provide such as clothes, food, school supplies etc. can they try to child support me again and how can I prevent them from getting any money from me

Martha Bronson
Martha Bronson
answered on Jan 24, 2024

In California the court ordered guardian has the right to seek support from the child's parents. Money you spend for the needs of your child can be used as offsets. Adoption would end your parental rights and all financial liability.

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for California on
Q: DV-115 request for continuance of DVRO hearing?

DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.

(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More

Martha Bronson
Martha Bronson
answered on Jan 24, 2024

If you are the person who is restrained and this is your first continuance, the Court will grant your request because you have the right to one continuance of the initial hearing. If you are the person who filed the DV100 and obtained the DVRO, you will be required to make a showing of "good... View More

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2 Answers | Asked in Family Law, Domestic Violence and Landlord - Tenant for California on
Q: When making financial decisions does person with power of attorney HAVE to show that document?

I'm involved in a domestic violence dispute with a temporary restraining order and the daughter and granddaughter of the person that owns the establishment I am in says they have power of attorney to make financial decisions when I asked to see those documents they refuse. Can they do that legally?

Martha Bronson
Martha Bronson
answered on Jan 24, 2024

If the power of attorney gives them authority to handle real estate business, the power of attorney should be recorded. I would recommend that you contact the owner/ landlord directly and get a copy of the power of attorney from that source. Be sure to read it carefully to be certain that it... View More

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2 Answers | Asked in Criminal Law, Divorce and Family Law for California on
Q: Need help with a Grand Theft / Robbery discovered this past week. ≈ $7500 value. A fence seems to be involved, too.

My soon-to-be-ex stole property from my home [in contention].

Background: She claims / her excuse is that she cannot afford her expenses due to injuries she sustained in a bike crash 2/2023 and a post-flight PE that supposedly left her neurologically injured and "unable to work".... View More

Martha Bronson
Martha Bronson
answered on Jan 24, 2024

Grand larceny for property valued over $950. It would not be a robbery because robbery requires a taking of property of another through force.

If ownership of the property is not in dispute and you can prove your ownership, have you considered reporting it stolen and/or asked the...
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2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for California on
Q: TRO Against Husband Was Not Served, But Husband Appeared To Hearing!

A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More

Martha Bronson
Martha Bronson
answered on Jan 21, 2024

You do not have to be served personally when, as here, you make a personal appearance in Court which has the legal effect of succumbing to the personal jurisdiction of the Court and waiving any rights you may have had to contest the Courts personal jurisdiction over you. You could have avoided... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: In California does a male have the same rights to alimony and possessions if he is not working and she makes $100k+?

She went and filed before I did as I caught her cheating. She locked me out of the house, took all my clothes and left me with no phone or money or means to fix my vehicle that recently broke down. I have yet to respond. What do I do?

Martha Bronson
Martha Bronson
answered on Jan 20, 2024

Yes. Alimony is assessed based upon primarily the requesting spouse's evidence of the need for the support and the other spouse's ability to pay the support. There may be other considerations depending on your circumstances. Whether she had the right to exclude you and remove your... View More

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for California on
Q: Rescheduling DVRO Hearing to an Earlier Date

I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.

1. Can I file form DV-115 to... View More

Martha Bronson
Martha Bronson
answered on Jan 20, 2024

Without knowing any of the facts that led to the DVRO and not knowing the level of violence or what type of DVRO there could be extenuating circumstances that would make the typical general answers about DVRO inapplicable. Generally speaking, the responding party to a DVRO has the right to one... View More

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Can 1 beneficiary intentionally refuse to turn in his paperwork to prevent 2 other beneficiaries being paid annuniity

My brother convinced my sister to send her paperwork allowing an annuity to complete the payout of the account to 3 beneficiaries. I have turned in all my paperwork back in October 2023. My brother is holding back his and my sisters paperwork, with no clear reason. The plan has contacted him... View More

Martha Bronson
Martha Bronson
answered on Jan 19, 2024

Probate Code Section 850 which allows for the court to provide relief when there has been an "abuse of a confidential or fiduciary relationship," including disputes between co-owners of property. If there is no legitimate reason for him to refuse to complete the paperwork, Section 850... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My husband is an heir. He's divorcing me before inheritance. Am I eligible to sue for alimony if marriage is just 1 yea

Husband and I got Married while he was in jail. But I supported him before and during marriage. I didn't want a divorce

Martha Bronson
Martha Bronson
answered on Jan 16, 2024

In a community property state such as California inheritances are separate property. To the extent it was you who was supporting him before and after he was in jail it may be that he would be the one eligible to seek alimony from you. However, if he has a substantial inheritance he's going... View More

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3 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can I get a restraining order for my ex if he verbally harrasses me and through texts? Also doesn't help financially
Martha Bronson
Martha Bronson
answered on Jan 16, 2024

Would need more information about the situation.... such as what does he text and say? Does he threaten you at all? Is he texting or calling you every day, early mornings, late nights? Is he an ex spouse and you are going through a divorce or is he an ex boyfriend of short duration? Long... View More

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1 Answer | Asked in Family Law for California on
Q: How/where to move to vacate a restraining order issued 2 years ago out of my knowledge when case is not active anymore?

I just learned of the existence of a restraining order issued against me by the family court 2 years ago. Needless to say it was obtained out of my knowledge and by fraud on the court. I intend to move asap to vacate and to seek sanctions against the fraudulent petitioner, but the case is not... View More

Martha Bronson
Martha Bronson
answered on Nov 29, 2020

There may not be any activity in the case since the TRO was issued, but that fact does not make the case "inactive" for purposes of having the court review the TRO to determine whether there are sufficient legal grounds to set it aside. As such, you use the case number and exact same... View More

1 Answer | Asked in Family Law for California on
Q: If the biological father of my daughter hasn’t been in her life at all and has only reached out once through email

.

Martha Bronson
Martha Bronson
answered on Nov 29, 2020

A lot more information is needed to be able to adequately answer your question. I would recommend that you consult with an experienced attorney who can guide you in this most delicate situation. Best of Luck.

1 Answer | Asked in Divorce and Family Law for California on
Q: My estranged husband moved back just as i was moving away, and says i can't move now.

My daughter and I live in California, but can no longer afford it. I haven't been able to pay rent, and need a place to live now. My husband left over a year ago to New York, sending pennies for child support, telling me not to file for divorce so he could still get his citizenship. Now... View More

Martha Bronson
Martha Bronson
answered on Nov 29, 2020

If he abandoned you to go live in New York over the past year, and has no relationship with your daughter while you and your daughter have bonded, there is not much chance that the court in California is going to give him custody of your child. The court that is located in the "home... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: If I am still married and no divorce has been filed can I move out of state with my daughter? He moved out 9 months ago

He has had her once over night in the last 9 months, no divorce has been filed and there is no custody agreement and he does not see her. He FaceTimes occasionally but not often. I want to move from California to Nevada but am unsure if I can do so.

Martha Bronson
Martha Bronson
answered on Nov 28, 2020

You are not tied to California like a tetherball is tied to a pole. Does the father object? Does he want a divorce? have you tried working with the father to agree on a custody/visitation arrangement? Is there some reason you would not want to make custody/visitations arrangements before you... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: Found daughter birth certificate 23yrs later.I'm not on it.

Found daughter birth certificate 23 yrs later. I'm not on it. Separated from mother 23 yrs ago unsure she was mine. Why was I ordered to pay support

Martha Bronson
Martha Bronson
answered on Nov 28, 2020

Is anyone named as the father on the birth certificate? The fact that you are not named as the father on the birth certificate does not mean that you are not the biological father. I would suggest that you go to the county where the support order issued and have the court filed pulled and... View More

2 Answers | Asked in Estate Planning and Probate for California on
Q: How do I know if I'm suppose to get money from my grandpa passing

Daniel kaher resided in Pacifica ca. Died in same he had money that I thought was to go to me and my brother and my 2 aunts

Martha Bronson
Martha Bronson
answered on Nov 28, 2020

You would know because the requires the administrator give you notice of the fact that you are a beneficiary, unless no one has your current address. I would suggest that you contact the county of death and check the court's case index to see if a case has been opened. Best of Luck.

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1 Answer | Asked in Family Law for California on
Q: can I email my reply declaration today then file it Monday. My mediation & trial conference Dec 7

Just yesterday I received opposite reply declaration can I email my reply first then file it on Monday as my custody trial conference is on Dec 7

Martha Bronson
Martha Bronson
answered on Nov 28, 2020

You should e-file or file in person, but not both.

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