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answered on Mar 14, 2017
In California, debts and assets acquired during the marriage are community property. Debts and assets from prior to the marriage are the individual's separate property. So, the short answer is, no.
Please feel free to contact me if I can be of assistance.
Rivka Israel, Esq.... View More 
Fathernis jobless and homelessn we share custody and demands daily to see our son what do I do
answered on Mar 3, 2017
It depends what your court orders specifies. Joint custody refers to the legal right to make decisions regarding the children. It does not refer to an access schedule. Unless the court order specifies daily access he does not have the right to demand it.
As parents to your children you are... View More
Hello I have a question. I'm 17 and I was detained in 2013. One of the things I had to do to get out of Juvinille Detention was to leave a certain city, my mother lived in that city and I lived with her. She had custody at the time. The court granted my dad temporary custody . And I went to... View More
answered on Feb 27, 2017
You have provided quite a bit of information. However, I think you will likely hear from most, if not all, attorneys you ask or who respond that your mother has to be the one who seeks the information. In general, if there are no grounds to keep custody from your mother she should be able to get... View More
It was filed 22 years ago and I have since been married again. How does that effect my marriage now?
answered on Feb 27, 2017
This is a complicated situation and a somewhat complicated procedure. It certainly falls into the category of a good time to consult with a lawyer.
In a nutshell: If the Judgment of Dissolution was submitted but not processed you can go before the court and ask for it to be entered Nunc... View More
answered on Feb 27, 2017
In your question you asked what documents you need to file an appeal.
A step-by-step guide to the Civil Appellate Practices and Procedures for Self-Represented litigants can be found on the court website at: http://www.courts.ca.gov/8676.htm
The forms can be found online at:... View More
answered on Feb 17, 2017
The simple answer is, yes. The department of child support services typically does take tax refunds for child support arrears cases. There is a way to avoid this occurring in the future.
I have filled for Dissolution of domestic partnership. My partner will not be responding and we have signed agreement. The problem is that she had a change of last name and her notarized signature is different than what i have on my forms. Is there another form i will need to fill out due to this?... View More
answered on Feb 17, 2017
If your partner changed her name prior to the filing of the dissolution the Petition should be amended to correct her name. This is not complicated to do but the Petition would then have to be reserved on your partner. If she changed her name after you filed your Petition then you can submit to the... View More
I reside in California and my daughter's mother moved with her to Texas 5+ yrs ago w/o my knowledge or consent. She does not have legal papers stating she has full/sole custody. I've been trying to get her to agree on a schedule of when my daughter can come and visit. I've suggested... View More
answered on Feb 17, 2017
What you can or should do depends on whether you and the child's mother were married and divorced. Generally, if you and the mother were not married and you are the biological father of the child you would have to file a parentage case to be recognized as the child's father. You would... View More
We were married almost 30 yrs and have 4 adult daughters. I live in Louisiana now and cannot afford to go to CA to research what to do. I now live on my $751. social security and at 66 I really could use the money just for the basics in life. My ex was supposed to pay $2500. a mo. but never paid me... View More
answered on Feb 15, 2017
The simple answer is yes. You most certainly could file for contempt however, that would not get you your money. You can enforce a spousal support order against your spouse and by means of legal enforcement tools and in California support arrears accrue 10% simple annual interest, by law. You... View More
My fiancée is from Idaho and I am from Spain, but we both plan to set our permanent residence in her grandmother's house in California. My question is, what jurisdiction would this marriage fall under, Idaho's or California's?
answered on Feb 15, 2017
In question is the missing information Jurisdiction for what purpose? Generally, the controlling jurisdiction (during a divorce for example) is the jurisdiction in which you reside. For the purpose of a prenup, the jurisdiction would be the place the marriage is performed/registered.
My sons father filed for joint custody in Alameda County but I live in Sacramento and he knows I do not have a car so he is hindering me. Im a full time student i cant just drive to Alameda county to file when i have classes also he gave all false statements on his paperwork. I am in over my head... View More
answered on Feb 15, 2017
The short answer is, yes.
A Request for Order (motion) must be filed within the original underlying case (example: Divorce case). If the underlying existing case is in Alameda, that is where a motion for Custody must be filed. If a case does not yet exist or this is an original filing and... View More
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