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Questions Answered by James L Miller

1 Answer | Asked in Family Law for California on

Q: CA FAMILY. .. I just received a final order after hearing....

re: custody and visItation, my ex has been awarded sole physical with visitation to me.

The court indicates my Attorney of record was served with no reply. The last time we were at court was in 2008. It came to my attention that a final order was never filed by my Lawyer. I assumed all was... Read more »

James L Miller answered on May 18, 2015

There are not enough facts to give an informed response but I will try to hit some of the high lights.

The most important question is when did this all happen? If it was within the last 6 months you may be able to file a motion to set aside the order on the grounds of no service. If you are...
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1 Answer | Asked in Family Law for California on

Q: How much child support money does a child gets if the faher makes 3, 040 a month

James L Miller answered on May 26, 2013

There are several more factors that go into calculating child support, i.e. custody arrangement, what is the income of the other parent and the list goes on.

Here is a link to the CA Child Support Calculator:

http://www.childsup.ca.gov/Resources/CalculateChildSupport.aspx

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

Q: My boyfriend has filed ex parte for custody of our 1 year old son. How likely is it for him to get it?

James L Miller answered on May 26, 2013

Ex-parte applications are for normally for emergency purposes. There are not enough facts here to give an informed response. You don't say the basis for the ex-parte (why is your boyfriend filing) Is the child in danger? Are there alcohol/drugs involved?

Please provide more information...
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1 Answer | Asked in Family Law for California on

Q: What is Notice Of hearing And temporary Restraining Order in CA?

Hello, I am new to this site.I have a couple of questions to ask and will appreciate any helpful answer.

My brother is having issues with his ex-girl friend. They were still talking on and off. So things got bad to an extend that she brought him a Notice of Hearing and Temporary Restraining... Read more »

James L Miller answered on Sep 24, 2011

First of all if she brought him the notice then it was not served properly. Personal service is required but it must be by a person over the age of 18 who is not a party to the matter.

On the court date the judge will hear both sides and make a ruling based on the facts.

I would...
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