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Questions Answered by Rivka Israel
1 Answer | Asked in Family Law for California on
Q: Does a fiance inherit the girls friends bills when he marries her.
Rivka Israel
Rivka Israel 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....
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2 Answers | Asked in Child Custody and Family Law for California on
Q: How do I share joint custody if father is homeless

Fathernis jobless and homelessn we share custody and demands daily to see our son what do I do

Rivka Israel
Rivka Israel 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...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: My father was granted Temporary Custody of me. Can my mother get it back?

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 live... Read more »

Rivka Israel
Rivka Israel 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... Read more »

1 Answer | Asked in Family Law for California on
Q: I just found out the summery of dusalusinent of my marriage to my first husband didn't go through its status is pending

It was filed 22 years ago and I have since been married again. How does that effect my marriage now?

Rivka Israel
Rivka Israel 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...
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2 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for California on
Q: I need to appeal a custody order in family law what legal documents do I need for that and what is a supp declaration
Rivka Israel
Rivka Israel 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:...
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1 Answer | Asked in Family Law, Child Support and Civil Litigation for California on
Q: I'm making payments on past due child support can they still take my tax return
Rivka Israel
Rivka Israel 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.

1 Answer | Asked in Family Law for California on
Q: Entering into a default dissolution with an agreement but the last name of my partner is now different from the petition

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?... Read more »

Rivka Israel
Rivka Israel 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... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: My daughter's mother refuses to agree to a schedule of when I can see my daughter. What are my rights?

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 she visits me... Read more »

Rivka Israel
Rivka Israel 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 have to file... Read more »

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1 Answer | Asked in Divorce and Family Law for California on
Q: I was awarded spousal support for life in 2004 in CA. I have not received anything since 2011. Can I file a contempt?

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... Read more »

Rivka Israel
Rivka Israel 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... Read more »

1 Answer | Asked in Family Law for California on
Q: If I get married in Idaho but live in California, what jurisdiction would my marriage be subject to?

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?

Rivka Israel
Rivka Israel 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.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Do i have to file a response to child custody in the same county it was filed?

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... Read more »

Rivka Israel
Rivka Israel 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...
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