one daughter, 15 years old, I pay ~$1,400 today. I am having a child with my 2nd wife in Dec this year. does this change the calculation for child support
answered on Nov 21, 2014
Having a new child can change the child support calculation, however, not in the way most people think. Child support is calculated based upon after tax income. Having a child usually provides the payor with another dependent for tax purposes. This results in paying less income taxes. Because less... View More 
answered on Nov 20, 2014
There is not a lot of information to go on here. Is there still a restraining order? When was it issued? We're the children present? What does he have a criminal record for? How long ago? Is it a felony or misdemeanor? Is he on probation?
The general rule is that the court must assume... View More
I would like to know if I do file would I win full custody of my child. He has not been in her life since she was born. He has been in prison for 7 years now and I feel like he does not deserve to be in her life. I've been supporting her since she was born as a single mother and it was very... View More
answered on Nov 18, 2014
This question is more complicated than a simple answer can provide. There are too many variables. We're you married? Is father on the birth certificate? Has there ever been a court order concerning your daughter? What do you mean by full custody? Find a local attorney and go get a consultation.
If something happens to me, will his father get custody or can I set up a will to have another family member get custody?
answered on Nov 5, 2014
Yes. Father will automatically receive custody. If you do not feel this is in the child's best interest, do a will and name the person you would like to have custody upon your death. That person can then use the will to file for guardianship of your child.
answered on Nov 3, 2014
Yes, you can get an order for support. It can be filed in California you can personally serve him here. If Father is not living in California and does not regularly visit California you will may want to consult with an attorney. Another option is to open a case with the Department of Child Support... View More
answered on Oct 29, 2014
Yes. Income is only one consideration in determine child support. The other is timeshare. What is mother's timeshare? This information is needed to calculate child support.
Have lost Immigration status?
answered on Oct 29, 2014
If you are asking me if life can legally sell the property, the answer is "I do not know." That would depend on whether a divorce has been filed, is pending, or, if the divorce has been finalized, the terms of the judgment.
If you are asking, can wife as a practical matter sell a... View More
answered on Oct 27, 2014
If the two of you live in different states, probably. If you both live in California, it is not good service.
I used to pay her with money orders and deposit money in her accout but it becoming a problem
answered on Oct 27, 2014
If you have a court order, prepare a wage assignment, submit it to the court, and serve it on your employer.
My sons father who has been in jail for drug abuse and left the country over 3 years ago who hasn't had contact with my son since he was 5 and is now 12 years old.
answered on Oct 24, 2014
File a Request for Order. Request sole legal and physical custody. Tell the court the above facts. Your request will likely be granted.
Been married 6 months and wife quit her good paying job. Since wedding wife's personality has done a 180. I now believe wife just married me to help herself out of 70k of debt. From proceeds from the sell of her house she paid off that debt and after our wedding bought a smaller house we... View More
answered on Oct 23, 2014
You are looking at three months of spousal support, max. The marriage is such a short duration, the court may not require you to pay any support. As for the house, you can argue that you have some interest in the home, however, it sounds like the entire down payment came from wife. You could argue... View More
I recently got laid off and i want to know if I have to pay him child support when I get a job since I'll be earning money. He is purposely not getting a job to avoid financial issues and paying the child support.
dissmised our divorce so it was stoped before it became legal. I now want re-open the case. Do I have to start all over with the filing? Or can my case just be re-opened and just go from there?
answered on Oct 22, 2014
If your case was dismissed, the lawsuit no longer exists and you must start over with the whole process. The waiting time will start over, too. If the court put the case on hold, you can pick up where you left off. Go to the courthouse and ask if the case has been dismissed.
I'm legally married to my husband but currently separated. We share our 4yr old son who has lived with me in CA for the past 2yrs. Hes going to visit his father from Nov-June of next yr. Will his father have any legal rights to keep him in NY? If he does will the law work on his side since my... View More
answered on Oct 22, 2014
Yes. If you send your son to New York for nine moths, your husband am keep him. Your son will become a resident of New York and it is unlikely you will be able to get your boy back in. June. Do not send your son for that long! File a court case here and get court orders before you send your son at... View More
me and hubby wants a legal separation from each other
answered on Oct 21, 2014
Hello, you can go to your local courthouse to get help. Ask for the self help center. They will have all the resources to help you prepare your lawsuit. They will also have classes you can take to help you through the process.
I just found out my ex husband who lives in California recently remarried and retired from the military.
Our son's and I live in Arizona, I did not receive this month's support and he hasn't called or made any attempt to contact me. I have already sent him e-mails regarding... View More
answered on Oct 20, 2014
Open up a case with the department of child support services. Also, see about obtaining a wage assignment for any retirement monies received.
answered on Oct 20, 2014
Where does he child live? Consult with an attorney and retain one.
answered on Oct 18, 2014
Why on earth would you not take the advice of your attorney, who, hopefully, has years of education and experience? If you have that little confidence in the expert YOU hired, fired him and represent yourself! If your attorney does not want you tout something in a declaration, it is probably... View More
Im Filling out the forms myself from a "do it yourself" packet thats dated 2008. Im wondering if these forms are still relevant and will be accepted
answered on Oct 18, 2014
You can go to the California judicial counsel website to download the most current forms. Many of them have not changed in years. Don't be surprised if 2008 is the most recent revision of the forms you are asking about.
We're separated but not divorced
answered on Oct 17, 2014
If you are married for more than ten years and eligible to receive social security, your wife can apply to receive survivor benefits if you die.
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