I need to know what court is in charge of this case, i.e., that is, is it in California, where I practice, or Texas, where your question indicates you are from (Houston) and where I am not licensed to practice.

Under California law, child support ends when the child turns 18, unless the... View More

No, it shouldn't be. It sounds like an emergency, so the Court should hear you on an emergency basis, which usually means within two business days or less, provided you have proof of the use; or other evidence -- like declaration(s) from eyewitnesses who saw the drug use; an admission from... View More

File a Request for Order ("FRO") for a change in custody. He's old enough that the Court will look at his preferences, either through a professional or, if he wants, through addressing the Court directly. (See Family Court section 3042.) The Court is not bound by his preference,... View More

It depends whether the judge said at the hearing that the order is "effective forthwith". If so, it doesn't matter when the written order is filed or served. If the judge was silent on this issue, the order is effective upon service of the Order.

I would need more information, but I would want to know whether there was a court reporter present so that there is a transcript available to purchase that shows what the judge actually decided; who :they" are, who said you needed to file an RFO to correct what seems like an obvious mistake;... View More

The question is whether you also live in Riverside County. If not, where do you live? But I agree that there is no jurisdiction for a court to hear a divorce case, if, at the time of the filing, neither party had lived in the county at issue for at least three months. The way to get around this,... View More

Just call 619-515-9900 for a free consultation any time.

I need more information. Where was the divorce filed, or has it been filed. You mention "divorce agreements" but I'm not sure what that means. How long have you been married and when did you start the 401K?

It probably depends on the judge. You may be able to call the clerk on the day of the hearing, since there may be no time for an ex parte hearing between the time you were served and the actual hearing. If the matter is postponed, the restraining order will stay in effect. If you do seek a... View More

A spousal support payor may not be forced to keep working beyond the age of 65 just to be able to keep paying spousal support. It is error to impute income to the payor after the age of 65 as to W-2 earnings or self-employment earnings. The court may only look at what you are actually receiving,... View More

If you're married, you would file for divorce or legal separation. If you are not married, you would file a paternity case.

The father is allowed to participate in the hearing regardless of whether he has filed a response or not. And he is free to hire an attorney at any time. The Court has to decide what "the best" interests are with respect to child custody and visitation.

It sounds like, however,... View More

No.

Probably do a motion to compel if more than 30 days have gone by since the discovery demands were served by someone other than you over the age of 18 and not a party to the action.

Give me a call at 619-515-9900. If no answer, leave a message with your phone number and when a good time to call back would be.

This is somewhat complicated. You would want to look at the difference between the value of the house and the debt on the house at the time you added your wife. Then you would want to look at the equity now. Then, you take the 2015 equity (i.e., the difference between the value and the debt... View More

Probably yes. Just serve everything you are supposed to serve, including the addendum, before the deadline. Provided the court has time to hear all of your issues in one hearing, you won't have a procedural problem. You might want to call the addendum an "Amended RFO". There... View More

It's never too late to file for child support, but the sooner you file the better because any order for child support is usually only made effective the date that you file the paperwork -- not any earlier than that. If he's not paying child support now, I would need to know whether... View More

For purposes of establishing Louisiana's right to make child custody and visitation orders, the general rule is six months leading up to the filing of paperwork to file a custody case in that state. At least that's how it's done in California. But there is no mention of the father... View More

You can always ask, but it is in the judge's discretion whether to allow a continuance. How long has the case been going on and how long a continuance are you seeking? Have you discussed a continuance with the other side? These are some of the issues a judge is likely to consider.