Depends on your lease and whether it has an early exit clause and/or a defect that the lease would be rendered invalid. We don’t have enough information to give more specific information- but if neither of the above exists then your best bet may be to negotiate an early exist payment.
for me to have temporary custody of my daughter, pending our custody court date. My question is, do I call child support and ask them to stop payments to my ex, since my daughter is in my custody for 2 months? Our custody court date is set for August 3rd. Or do I have to allow them to keep... Read more »
In order to stop the child support garnishment you need to file for modification of child support and it will only be modified after a court order. Any modification entered after the filing of the request for modification will be retroactive to the date of filing and you will be entitled to a...Read more »
There is insufficient information to determine where you are in the DVRO process - is it a temporary restraining order pending a hearing or has a hearing been held and a restraining order after hearing been entered. If the DVRO is currently temporary then you will need to successfully defend the...Read more »
Shortly after moving in together she became ill and later had to leave employment. Prior to that she made his house a home and contributed financially. Now he wants his old life back and wants to throw her out of the house. She needs 24 hour care and does not know what her rights are.
Wich is 1,600 and he wants 800 but has not give me anything for the kids i have three kids so now i have to pay the rent by myself and support my children and he is no longer living with me what do you suggest me to do go put child support i do t know what to do
It unclear from your post if the rent has already been paid and he is asking for a reimbursement for the rent that was paid for the month of May or a reimbursement for the last month rent/security deposit.
Filing for child support is a start. Moreover, if you file for divorce you could...Read more »
Unless the Texas court order says otherwise, which would be out of the ordinary, it remains in force. If you choose to modify the Texas court order you may be able to do so in California, or alternatively return to a Texas court for modification.
You have not provided any details regarding what damages you sustained - but To answer your questions, a lawsuit for damages may be warranted to, at a minimum, force the reconveyance of the Deed of Trust.
I agree with Mr. Light - your damages are at present the deductible you paid ahead of any claim paid by the insurance company. Let the insurance company do the heavy lift on this. If the insurance companies decided not to pursue the moving company and/or doesn’t recover enough to cover the...Read more »
I agree with Mr. Darlington - you can seek to obtain spousal support. As an added note- if you file a petition for legal separation and your spouse can respond by requesting a dissolution of the marriage (i.e. a divorce).
My daughters step mother is sending threatening text messages to me directly such as, “I know where you live” “let’s go b*” “One punch you’re gone” and other vulgar messages. It’s been going on for two days and I’m afraid she’ll act on it or hurt my daughter. I have all of the... Read more »
You can make a very good case before to get a temporary restraining order.
The court focuses on whether there is a credible threat of violence that would place a reasonable person in fear for his or her safety or the safety of his or her immediate family, and that serves no legitimate...Read more »
The divorce was in 2010. According to the decree, he was to live in the house and by the end of two years, he was to sell, or buy me out for my half of the house. It has been ten years. He got sick with ms, so I was patient but now my new husband just died and I can't wait any more. My... Read more »
You can file a motion with for an order to sell the home and/or for an Order for Contempt for failure to perform pursuant to the terms of the settlement agreement. Whether he thinks you are entitled to half of the house is not relevant - the court's order is not subject to what he believes....Read more »
It is possible - however those are serious convictions which may give a judge pause to order visitation without supervision if you contest a request for joint custody whether it be legal and or physical.
If your goal is to challenge it you will need to establish why it’s in the child’s...Read more »
A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... Read more »
If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.
I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... Read more »
The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.
You would be well served to initiate the termination of your...Read more »
We plan on moving out of CA within next few years and would like to sell. Our partner would like to hold on to them and buy us out. Is this a simple process? Can we just agree on a price and move title over to him and he buy us out? Or is there a lot more involved? We have been splitting... Read more »
It should be a simple process if you all parties involved can arrive at an agreed upon sale/purchase price. However, be mindful that there could be tax consequences - you should speak with your tax accountant to determine what they may be and if you should consider doing a tax deferring IRC Sect....Read more »
The majority owner can not obligate the minority owner(s) to sell the property if the owner's are listed on the deed individually (i.e. the property is not owned by an entity such as an LLC, Corp., LP, etc.). Should the majority owner enter into a Purchase & Sale Agreement regarding the...Read more »
I have child support court on July 7 and live with my girlfriend and our child but will have to start paying child support. Will her income effect how much support I will have to pay? What if we split bills and share income will judge consider I have more income ?
No - your girlfriend’s income has does not affect prospective child support. The judge will consider your income, expenses albeit are a part of the I NBC one and expense declaration, generally do not affect child support calculations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.