Child support modification is in place since I have physical custody now and have had it since over a year. My question is can the spousal support money be garnished to cover my arrears I have or is that separate.
I do plan on paying my arrears but I’m afraid they would take the full... View More
answered on Mar 3, 2024
In California, the law prioritizes child support obligations over spousal support. This means that if you have arrears on child support, it is possible for your spousal support payments to be garnished to cover these arrears. The state's child support enforcement agency has the authority to... View More
My divorce is going on almost 4 years. I originally had a lawyer who my dad paid for but with all the fees he wasn’t able to continue paying. I’m currently self represented but have been unable to enforce child support and spousal support on my own, hopefully I can finish getting divorce. So... View More
answered on Mar 3, 2024
Finding affordable legal assistance can be challenging, especially when dealing with complex family law issues like divorce, child support, and spousal support. In California, there are several resources available to individuals with low income who require legal assistance. Legal aid organizations,... View More
Stepdaughter is not and has not paid her student loans I co-signed. Her father sent me a statement saying he would pay her loans which I have. He has not paid anything. I haven’t spoken to stepdaughter in 10 years. No idea where she is and her father won’t tell me.
answered on Mar 1, 2024
Under California law, the written statement from your stepdaughter's father, where he commits to paying the student loans, could potentially serve as a binding agreement, depending on its specific wording and the context in which it was made. If it clearly outlines his intention to take over... View More
I am representing myself (in pro per) in a child custody case. My ex-wife has a free attorney from legal aid. I requested RFO Mod custody and we recently had a custody modification hearing where the judge's rulings were more favorable than my requests.
During previous three hearings... View More
answered on Feb 27, 2024
Under California law, particularly referencing Rule 5.125, you as a pro per litigant (representing yourself) have the right to prepare and file a Findings and Order After Hearing (FOAH) following a custody modification hearing. This rule applies to all parties involved in a case, regardless of... View More
answered on Feb 22, 2024
If your ex-wife has filed a 529 form while you have an ongoing child custody court case, it likely means she is trying to establish or modify legal and physical custody of your children as well as child support. Here are a few key things to know about the 529 form:
• Form 529 is used in... View More
Me quiero divorciar de mi esposo, el tiene una amante desde hace un año y medio, y en ese tiempo ha habido abuso psicológico, fisico/jalones por ambas partes al quererme defender, yo no tengo trabajo y el se aprovecha de eso para dominar la situación ya que no tengo a donde irme ni un... View More
answered on Feb 21, 2024
Under California law, you have several options to protect yourself and your children, and to seek a divorce from your spouse. First, consider contacting local domestic violence shelters or organizations. These groups provide emergency housing, legal advice, and support services for individuals in... View More
I was never informed of this case. My wages were not garnished no bill in the mail. I had no way of knowing that I should be paying. For a whole year I was racking up this debt and no body told me about it. Now looking at the order that was filed it has wrong information on it. It says I have no... View More
answered on Feb 21, 2024
If your tax return was seized for arrears related to child support or other debts, there may be avenues to contest the seizure and potentially recover some or all of the seized funds. It's concerning that you were not informed about the case or given an opportunity to address the arrears prior... View More
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
answered on Feb 16, 2024
A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.
The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is... View More
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
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
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
answered on Feb 21, 2024
Under California law, you can file a Motion to Vacate specific directives within a Minute Order. The court generally prefers to address each directive individually, so you can request to set aside only the specific directives you disagree with. However, it's essential to provide valid reasons... View More
I currently have a custody agreement that states my children will be with me 43% of the time (3 days a week). However, the courts gave our oldest son (17 years) the right to choose when and where he stays. He has now decided to stay 100% of the time with his mom. My ex wants to redo our child... View More
answered on Feb 21, 2024
In California, child support is determined based on the amount of timeshare provided for in the child custody court order, not on the actual time the child spends with each parent.
Since your custody order provides that the children, including your 17-year-old son, are with you 43% of the... View More
On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More
answered on Feb 16, 2024
Hi there,
it would be best to request a hearing to get the orders corrected. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or... View More
On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More
answered on Feb 21, 2024
In California, if a minute order lacks clarity regarding the commencement date for child support payments, you may need to take legal action to have the order clarified or amended. Given that the petitioner has been granted continuances, it's essential to persist in your efforts to address the... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
answered on Feb 13, 2024
If your ex has claimed to have lost his job before your child support hearing in California, the court will likely investigate the circumstances surrounding his alleged unemployment and assess his current financial situation to determine his ability to pay child support. The fact that the court... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
answered on Feb 17, 2024
The obligor needs to maintain the obligations for child support. However, the loss of a job may give him a reason for seeking modification. The courts will look for reasons for unemployment. If he quits voluntarily, the court can impute the wages to him. The court will consider education, skills,... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
answered on Feb 21, 2024
Under California law, if your ex-spouse has been ordered to pay child support based on his income and he claims to have lost his job, the court may consider his change in circumstances when determining child support payments. However, simply claiming job loss does not automatically absolve him of... View More
Can I have the original child support order reopened?
answered on Feb 8, 2024
Yes, in California, if your ex-husband has not honored an agreement related to child support, you generally have the option to seek enforcement or reinstatement of the original child support order through the court. If the case was officially closed with the court, you would need to file a motion... View More
Can I have the original child support order reopened?
answered on Feb 21, 2024
Yes, you can request to reopen your original California child support order if your ex-husband has not honored the separate agreement made to close the child support case.
Under California Family Code Section 3651(c), the court has jurisdiction to set aside or vacate a child support order... View More
I have filed a Request for Order (RFO) for custody modification in Los Angeles County.
Ahead of the RFO hearing, a mediation has been scheduled two weeks prior to the custody hearing.
If I hire an attorney, can my attorney accompany me to provide coaching or listen to the... View More
answered on Feb 1, 2024
Anytime someone files a RFO related to custody, the court automatically schedules a mediation. This is a free service provided by the LA superior court. The parties attend WITHOUT legal counsel. Parties are not permitted to bring an attorney with them to these mediations. You of course are free... View More
I have filed a Request for Order (RFO) for custody modification in Los Angeles County.
Ahead of the RFO hearing, a mediation has been scheduled two weeks prior to the custody hearing.
If I hire an attorney, can my attorney accompany me to provide coaching or listen to the... View More
answered on Feb 1, 2024
In California, during a custody mediation meeting that is part of an RFO (Request for Order) process, it is generally permissible for you to have your attorney present as a support or advisor. Your attorney can provide coaching, listen to the mediation, and offer guidance during the process, even... View More
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