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Questions Answered by Andy Cook

1 Answer | Asked in Child Support for California on

Q: Child support over 18

Child turned 18 and moved in with his birth mom she got me for child support he’s on probation and barley going to school is there anything I can do ? He’s getting tattoos on his face and she lets him do anything he wants !

Andy Cook answered on Aug 1, 2019

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...
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1 Answer | Asked in Family Law for California on

Q: Hello. I need help filing for supervised visitation for son’s father who is a drug user. Is it a long process?

Andy Cook answered on Jul 30, 2019

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 the... Read more »

1 Answer | Asked in Family Law for California on

Q: My son is 15, his mom and i have joint custody. He lived with her and now he wants to live with me. What’s the 1st step?

He wants to live with me because his step father is emotionally and physically abusive.

Andy Cook answered on Jun 9, 2019

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, but given his... Read more »

1 Answer | Asked in Family Law for California on

Q: Does visitation order start after serving the other party with the court order?

Andy Cook answered on Jun 7, 2019

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.

1 Answer | Asked in Family Law for California on

Q: The findings and order after hearing was filed incorrectly. I was served 7 days after it was filed plus other errors

I was served 7 days after it was filed plus other errors including the petitioner being called respondent and vice versa. which by doing that that gives the respondent custody in the situation. I filed my opposing FAOAH and was in my time frame since being served but the court rejected them. Did... Read more »

Andy Cook answered on May 31, 2019

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; were... Read more »

1 Answer | Asked in Divorce and Family Law for California on

Q: I was served with divorce papers twice at work, is that improper service? She's trying to make me lose time.

She filed in Riverside CA but just moved there. Can I ask for an RFO TO QUASH PROCEEDINGS FOR LCK OF JURISDICTION

Andy Cook answered on May 28, 2019

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,... Read more »

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.

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