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Questions Answered by Andy Cook

1 Answer | Asked in Divorce for California on

Q: I have some questions regarding a divorce

Andy Cook answered on Apr 21, 2019

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

1 Answer | Asked in Divorce for California on

Q: Did I make a mistake? I left my husband almost a year ago to move from cali to Ny.

Did I make a mistake? I left my husband almost a year ago to move from cali to Ny. I started filing for divorce in September and to avoid him getting my 401k I withdrew it all that December. I took a big tax and penalty hit on it. He still has not signed any divorce agreements yet. Am I in the... Read more »

Andy Cook answered on Apr 15, 2019

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?

1 Answer | Asked in Family Law for California on

Q: Can I request a postponement, by one day on an ex parte order for a restraining order?

I'm having a friend go in on my behalf. I can't make it due to a possible admittance into drug rehab. I got served one day before hearing. Need to postpone by one day.

Andy Cook answered on Apr 6, 2019

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... Read more »

1 Answer | Asked in Family Law and Child Support for California on

Q: I retired at 65 (7/18) My ex (46) wants to impute my wages and impose a work search order to an amount I've never made.

Headed to DCSS hearing soon. Motion 1: Father (65) wants modification to increase child support mother owes.(currently at $12 mo for 2 children (10 and 12). Father has no child support obligations and retired July 2018 at 65. I receive $878 in Social Security and $235 for 1 child via my Social... Read more »

Andy Cook answered on Apr 3, 2019

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,... Read more »

1 Answer | Asked in Child Custody for California on

Q: How do i start a case to get full custody of my kids?

Andy Cook answered on Apr 1, 2019

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

1 Answer | Asked in Child Custody and Family Law for California on

Q: My sons father never served me back w/ a response to me wanting full custody. What does that mean for me? What do I do?

I served my sons father child custody and visitation on 2/22/2019. He never responded back to my summons. What does that mean for me? We just had our mediation appointment and we did not agree. He wants 50/50 and I want full physical custody. Does he have to serve me back? Or can he still get 50/50... Read more »

Andy Cook answered on Mar 30, 2019

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, that your...
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1 Answer | Asked in Child Support for California on

Q: I would like to take my baby’s father to court for child support but he has videos of us together before I got pregnant.

Can he use that against me?

Andy Cook answered on Mar 26, 2019

No.

1 Answer | Asked in Divorce for California on

Q: Wife's attorney ignored my Form Interogatories, and my Meet And Confer letter. What's next:Discovery?or Order to Compel?

My wife's attorney did not provide bank statements/checking/savings/401k any of these in their disclosure. (California-full disclosure state) I requested them thru Form Interrogatories -deadline passed he did not answer, then I wrote follow-up email -he did not answer, then I sent Meet and... Read more »

Andy Cook answered on Mar 26, 2019

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.

1 Answer | Asked in Family Law for California on

Q: My name is SONYA and my husband DANTE WE ARE LOOKING FOR SOMEONE TO HELP US ON OUR CASE FOR OUR SON..

Andy Cook answered on Mar 23, 2019

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.

1 Answer | Asked in Divorce for California on

Q: Divorce ,......entitlement of quity of house on short term marriage

In California I bought my house 11 years(1998) prior of getting married i was married less that 10 years making my marriage a short term marriage. I didnt put my ex on the title to my house until 2015 ..How many years of equity of the house or percentage of ..is she entitled to. ???

Andy Cook answered on Mar 20, 2019

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... Read more »

1 Answer | Asked in Divorce for California on

Q: i Recently filed a RFO. Can I file an addendum to the RFO, prior to having my ex served?

New but very important information has arisen, and it’s 100% relevant to the original RFO. I still have 2 weeks to serve my ex. We are post final judgement in our case.

Andy Cook answered on Mar 17, 2019

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 shouldn't be any... Read more »

1 Answer | Asked in Child Custody and Child Support for California on

Q: Child support and child custody

Hi the Father of my child is threatening me that he will file for a child custody bec he is going to school from 6am to 6pm every Mon to Fri he wants to borrow the child every Sunday half day and I told him he can borrow the child some sundays but not every sunday and he got mad he told me that he... Read more »

Andy Cook answered on Mar 14, 2019

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 it's because... Read more »

1 Answer | Asked in Family Law for California on

Q: This question is about Paternity.

If a mother moves from california to louisiana with her child, how long does she have to live in louisiana to become a resident?

Andy Cook answered on Mar 11, 2019

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 and where he... Read more »

1 Answer | Asked in Family Law for California on

Q: I'm self-representing in family law CA case. Can I ask judge to hold pending decision so I can hire counsel?

Some decisions have been made but we have to go back to court next week. It is getting more complicated and Plaintiff's lawyer keeps adding supplemental documents.

Andy Cook answered on Feb 23, 2019

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.

2 Answers | Asked in Divorce and Real Estate Law for California on

Q: We are both on the deed of the home we share but I'm the only borrower on the mortgage. If we split who calls the shots?

Split might be mean spirited...

Andy Cook answered on Feb 19, 2019

If the home is in both of your names, the two of you have equal authority over its disposition. If you can't agree, a judge will decide (assuming you open up a divorce case). If the house was acquired after the date of marriage but before the date of separation, it is presumptively community... Read more »

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2 Answers | Asked in Family Law for California on

Q: Should I file something to request more statements? Or wait till first family resolution conference? (details below)

Hello, I have filed my declaration of disclosure, I've attached my bank statements, checking, savings, stocks, 401k etc.

Now I've received declaration of disclosure from my Wife's attorney who attached tax, w9s but no bank statements of any sorts, (no checking, savings, 401k) on FL150 form... Read more »

Andy Cook answered on Feb 4, 2019

Good question.

There is no official form, but you could write a letter or email requesting the information.

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2 Answers | Asked in Family Law and Child Custody for California on

Q: Is it required by the mediator in family law to read any documents or declaration before meeting with the parents

I was told by the mediator she did not know if she was allowed to read them and she would have to ask her supervisor?

Andy Cook answered on Jan 27, 2019

It depends on the county. Sadly, mediators -- even though some are tasked with making written recommendations to the judge-- do not always read declarations. In counties where the mediator participates in "confidential mediation", it is less crucial because if the parties do not reach an... Read more »

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2 Answers | Asked in Child Custody and Family Law for California on

Q: I have filed for modification of child custody and parenting time, there is clear cut Parental alienation

I have filed for modification because over the past 4 years I was supposed to get at least 1 day a week visitation and phone calls to the kids when ever. The visits were always supervised which they weren't supposed to be and it got to a point where I wasn't given them anymore. I bought a phone for... Read more »

Andy Cook answered on Jan 26, 2019

This is a question that can best be answered over the telephone so I can understand why you are having so much trouble. Please call 619-515-9900, and if there is no answer, please indicate a good time for me to call you back.

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2 Answers | Asked in Divorce for California on

Q: How can I seek divorce with an uncooperative husband?

Hello, I am currently dealing with a very unresponsive husband that is not cooperating with the divorce process. We have been separated over 2 years. I have been trying to be as respectful as I can but to the point where I need to take matters into my own hands. I previously did not want to seek... Read more »

Andy Cook answered on Jan 21, 2019

You are correct that if there is a disparity in income, a court can order the high earner to pay some or all of the lower earner's fees. While you cannot sue him for emotional distress, you may be entitled to alimony or spousal support. You would need to file a motion (called an "RFO") for spousal... Read more »

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2 Answers | Asked in Child Custody and Divorce for California on

Q: IF I FILE FORE DIVORCE AND FULL CUSTODY AND LEAVE THE STATE WILL I GET IN TROUBLE, IM AFRAID OF MY HUSBAND REACTION

I PLAN TO FILE FOR DIVORCE AND CUSTODY OF MY KIDS AND LEAVE THE STATE TO MY MOMS, MY HUSBAND HAS THREATENED ME AND WE CURRENTLY HAVE PEACEFUL CONTACT ORDER DUE TO AN INCIDENT 3 YEARS AGO. BUT THE AB USE HAS CONTINUED, WILL I GET IN TROUBLE FOR LEAVING WITH MY KIDS

Andy Cook answered on Jan 16, 2019

Once you file for divorce in California, you are not allowed to remove the minor children of the marriage from California until there is a final judgment as to child custody and visitation.

There are two exceptions: one, you can ask the judge for an exception and the judge can say yes; or...
Read more »

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