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Questions Answered by Kathryn Irene Phillips
1 Answer | Asked in Divorce and Family Law for California on
Q: Paying alimony & child support to my ex wife, was convicted recently for theft, lost her job, can I get alimony stopped?

My divorce was finalized in 2014 and was asked to pay child support and alimony for 4 years (Feb 2018). My ex was caught shoplifting and was found guilty. In the process she lost her job. The Court order/decree was for her to improve her standard of living, but I cannot see her making any effort,... Read more »

Kathryn Irene Phillips
Kathryn Irene Phillips answered on Nov 17, 2015

Short answer is no, the support you were ordered to pay will not be stopped. However, it will also not be increased due to the fact that she is no longer employed, because she was at fault in losing her job. I don’t think the facts you have presented will justify a change of custody. Just based... Read more »

2 Answers | Asked in Family Law for California on
Q: Can I file for contempt if ex is continually interfering with visitation and is harassing me via text?

He is harassing my son by negative comments about me. He has fabricated text messages about me and sent them to my boyfriend and wants to use these texts in court as evidence. How long can he hold the texts without turning them in for discovery,

Kathryn Irene Phillips
Kathryn Irene Phillips answered on Nov 15, 2015

I think what you mean by "fabricated text messages" is that he is making up negative things about you, not that he has somehow fabricated texts as false documents he claims are FROM YOU. If that is the case, you need to read the exact language of your order regarding what constitutes... Read more »

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2 Answers | Asked in Family Law for California on
Q: MY EX HUSBAND HAS BEEN MANDATED BY THE COURT TO PAY CHILD SUPPORT HE PAYS THEN STOPS. HOW CAN I GET HIM TO PAY PLEASE

HE HAS A FULL TIME JOB, HE HAS BEEN TRYING TO STOP ME FROM SEEING MY SON SO THAT HE DOESNT HAVE TO PAY CHILD SUPPORT. TWICE HE HAS BEEN TOLD THAT HE HAS TO PAY AND SHOULD NOT HAVE STOPPED PAYING. WE WERE JUST IN COURT LESS THAN 6 WEEKS AGO HE IS TO PAY ON THE 1ST AND 15TH. I HAVE RECEIVED ONE... Read more »

Kathryn Irene Phillips
Kathryn Irene Phillips answered on Nov 14, 2015

You should open a case with the Child Support Services Department. They will collect your child support for free. It takes 5 - 6 months for them to set up your case and actually start collecting for you, but they are a free service and have access to information and procedures not available to... Read more »

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2 Answers | Asked in Family Law for California on
Q: If my coparent has repeatedly violated the order of custody for our son, is it contempt or custody frustration?

He moved 57 miles away, gave three weeks notice to me after he bought the house. Now one day of visiting was eliminated, and no makeup time was created. My son says he's picked on by his brothers and stepmother because they talk about what a loser I am and how he shouldn't be like me or... Read more »

Kathryn Irene Phillips
Kathryn Irene Phillips answered on Nov 14, 2015

You need a lawyer immediately as all of these issues are too complex for you to handle yourself. You have issues of parental alienation and an unauthorized move-away, failure to comply with court orders, and failure to take reasonable steps to care for the mental health of the child. If you want... Read more »

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2 Answers | Asked in Family Law for California on
Q: Hello,I am writing you as a father who is seeking, at the very least, 50/50 custody of my daughter.

I have things in my record that are preventing me from getting to see my daughter.

I would never hurt my daughter or expose her to anything... How do I get the court to see passed my past?

Desperate Father

Kathryn Irene Phillips
Kathryn Irene Phillips answered on Nov 17, 2015

If you have a criminal record for sex offenses, domestic violence or other violent crimes, or a history of drug or alcohol abuse or addition, if you are awarded visitation with your daughter, you will probably have only professionally monitored visitation of your child for a couple hours a couple... Read more »

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1 Answer | Asked in Family Law for California on
Q: Current custody specifically addresses 2014 only.Do I have to adhere to a visitation agreement my ex emailed me for 2015

The current agreement only outlines 2014 holidays. It says nothing about alternating the following years or anything about holidays after that. The custody was to be reviewed June 2015 and has been continued ever since. Currently there are no orders in place. My ex is not cooperating with me about... Read more »

Kathryn Irene Phillips
Kathryn Irene Phillips answered on Nov 13, 2015

You didn’t say when your hearing is coming up, so I don’t know if your next hearing will help you before the Winter Break. The courts don’t consider this to be an emergency and so ex parte (emergency orders based on 1 day’s advance notice) will not be granted in most case. So, unless you... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: i own my house with my mother. as joint tennants. I got married and divorced after 4 years. Does the moore marsden app

apply to our situation?

Kathryn Irene Phillips
Kathryn Irene Phillips answered on Nov 13, 2015

There are factors to consider before the question can be answered. Did you and your wife pay-down the mortgage during your marriage? If so, there will be a approportionment of your community property vs. separate property interest in the equity. However, if your mother paid the mortgage... Read more »

1 Answer | Asked in Family Law for California on
Q: Does a parent have to comply with cps for a new born child. Cps is questioning if parent is capable of caring for child?

Parent has a case in AZ she's in process of getting her child back. She has moved to California to get better.Now when she first came out she did test dirty for drugs but has been clean for remaining pregnancy. And did not test dirty after giving birth.Does she have to comply with cps....,?

Kathryn Irene Phillips
Kathryn Irene Phillips answered on Nov 13, 2015

My questions to you are: What is the alternative? Who is asking you to complete that? Probably it is a Certified Social Worker from the DCFS. If you refuse to comply, what is the likely result? Very probably the case will be monitored by the DCFS and you may end up in Juvenile Dependency Court.... Read more »

2 Answers | Asked in Family Law for California on
Q: how to handle a house in divorce

my girlfriend is getting divorced she own a home with her ex she is on the title but the mortgage is solely in his name. they have agreed he will do a quit claim deed on the house and give it to her. the only question remains do they still have to go and refinance to put her on the mortgage?

Kathryn Irene Phillips
Kathryn Irene Phillips answered on Nov 17, 2015

This comes up in divorces all the time. In dividing the property between spouses, just a quitclaim deed to put 100% of the title in one party’s name does NOT relieve the other party of his credit obligations under a mortgage that has his name on it. Any late payments she makes on that mortgage... Read more »

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