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Questions Answered by Andy Chen
1 Answer | Asked in Divorce for California on
Q: I was married to a FLA for 17 years. He got a bifurcation in 2015. Can he get a final decree without my signature?

We have spent 5 years and no final decree. I spent $500,000 on attorneys and ended up with nothing. I have two requests for him - I have written them to his attorney - and have had no answer. Can the divorce be finalized behind my back without my knowlege?

Andy Chen
Andy Chen answered on May 12, 2018

You'd have to check the court file to be certain, but he shouldn't be able to. Cases -- in general, including divorces -- resolve one of two ways: (1) by mutual agreement between the parties, or (2) by trial. It sounds like there was no agreement. I am assuming that you would have... Read more »

1 Answer | Asked in Child Support for California on
Q: I've been paying $500 a month for the past 10 years which was agreed to by both but mother is trying to raise. Can she?
Andy Chen
Andy Chen answered on Mar 6, 2018

She can always try. Whether she can succeed or not depends on many factors, such as if there is a current order and whether circumstances have changed since that order was made.

1 Answer | Asked in Family Law for California on
Q: I pay 950 a month for my daughter who is 13 I have 3 other kids I just found out my 3 year old has autism

Can this change my child support I have no contact with my 13 year old her choice not mine

Andy Chen
Andy Chen answered on Mar 6, 2018

It can, especially if the autism has expenses (e.g. counseling, special teachers, etc) that are not covered by your insurance.

1 Answer | Asked in Child Support and Divorce for California on
Q: I'm owed around$120,000 in child support and alimony still can't get him to pay on time or in full

Gone back too court 2-3 times already for contempt of court he says he will pay but never does I'm stressed out and fustrateted over this I don't know what else to do

Andy Chen
Andy Chen answered on Mar 6, 2018

Does he work? If so, have you tried garnishing him? For child support, have you asked the Fresno County Dept of Child Support to collect this for you? They might, if a significant portion of the $120K is for child support.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: I live 5 hours from my ex husband and kids. He was driving halfway to drop my kids off, but now refuses. What can I do?

I now have an infant daughter who is 5 months old and this puts a great hardship driving 5 hours one way, picking up my kids, then on Sunday driving 5 hours dropping them off and driving 5 hours again. He said he doesn't have to. In the custody agreement it said we would both maintain... Read more »

Andy Chen
Andy Chen answered on Mar 6, 2018

You should see what the current court order says about transportation and follow that. If the current order no longer works due to your relocation, you should go back to court and get a new order issued. Having a lawyer will make this process much easier.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Let’s just say hypothetically my brother and his ex girlfriend have a three year old daughter we live in California and

They live in Utah we want custody of the child because they both use the child as a pawn and they’re neglect her there’s always a problem with her lady parts . Is there a good chance for us to get some type of custody of her ?

Andy Chen
Andy Chen answered on Mar 6, 2018

You should ask this question in the Utah forum, not the California one. If they lived in California, I would say that your chances are not good. Having good evidence may increase your chances, but even then, you will have a difficult path forward.

1 Answer | Asked in Family Law and Child Custody for California on
Q: I recently missed Family Court and the lawyer I was appointed will not contact me back
Andy Chen
Andy Chen answered on Mar 6, 2018

Are you sure you had a lawyer appointed in family court? Is this Child Support court and are you referring to the Department of Child Support's lawyer? If so, that lawyer does not represent you.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: If there isn't any court papers can I move outof my boyfriend's moms house with my baby and then change our address
Andy Chen
Andy Chen answered on Sep 16, 2017

You moving out shouldn't be a problem. The problem may be you taking the baby with you and keeping it from your boyfriend. If you boyfriend is the legal father, he can go to court and ask for custody and visitation. Even if he isn't the legal father, as biological father, he can get... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: If I retire, go to court & get the alimony reduced, then go back to work at a later date....can my ex get it raised?

Ex spouse is eligable for pensions.

Andy Chen
Andy Chen answered on Sep 16, 2017

Yes. Changes in circumstance can, in theory, be grounds for changing a support order. The reality is that it will depend on the other facts present in your case. If the ex-spouse is eligible for pension, you could use that as an argument in your favor as to why your support payment should not be... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: The non custodial parent wants to modify order to change custody does the court look at how they raise there other kids

For example : my 2 kids are A & B students ( 8th 2.90 GPA. / 10th grade 3.50 GPA ) perfect attendace and stuff

non custodial parent 4 kids ( no relation to me ) dropped out or never finished high school

Andy Chen
Andy Chen answered on Jun 29, 2017

The court looks at many different facts when deciding whether to change custody. If you want to argue that your children being with the non-custodial parent more is going to jeopardize their education because, essentially, the other 4 kids turned out to be dropouts, you certainly can. In general, I... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: My girlfriend was arrested for DV. I told the Officer I didn't want to press charges but they still arrested her. Can I

Can I get the charges dropped some how?

Andy Chen
Andy Chen answered on Jun 29, 2017

If an arrest has occurred, it is no longer up to you to decide whether the case goes forward or not. That decision rests with the Santa Clara County District Attorney. The Santa Clara County DA generally tends to come at DV cases hard (e.g. charging everything as a felony, charging every... Read more »

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1 Answer | Asked in Contracts for California on
Q: Is a promissory note a contract. And if it is if that note was signed by the husband only. Is his wife a party to it

If that wife interfered with the contract and caused her husband to breech the contract. Could the wife be considered a tortfester

Andy Chen
Andy Chen answered on Mar 5, 2017

Husbands and wives can act as agents for one another. In other words, it is not always required that the husband and wife both explicitly be listed on a document in order for it to be held against them both. Assuming you otherwise have a case, you could sue both husband and wife and force the wife... Read more »

2 Answers | Asked in Divorce for California on
Q: Do I need to send the fl-150 or is that just to exchange with each other? This is a uncontested divorce.
Andy Chen
Andy Chen answered on Mar 5, 2017

When you say send, do you mean file with the court? If so, the answer is you probably don't have to file it with the court, but the FL-150 is weird. Sometimes you have to file it with the court. Sometimes you don't. It all depends on the facts of your case. The fact you mentioned it is... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: if on parole and you need to get surgury but homeless can you live with a family member that is in an area you cantbein

current am homeless and need emergence surgery and my recovery time is about 4 month but am on an gang injunction can i stay with a family member well i recover even if it its in the area of my gang injunction ?

Andy Chen
Andy Chen answered on Feb 11, 2017

You should inform your parole officer about your need for surgery. If your PO won't make an exception, you may need to go back to court to have the judge approve a temporary exception to your housing restrictions until you recover from your surgery.

What you should not do is just move...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Hi, my name is Jonathan and I worked at Carls Jr for about 5 months. I just did my taxes today and they told me that the

Hi, my name is Jonathan and I worked at Carls Jr for about 5 months. I just did my taxes today and they told me that they weren't reporting it to the irs and instead of getting 800 dollars back I am only getting 300. He said it was like if they were treating me as in immigrant even though I am... Read more »

Andy Chen
Andy Chen answered on Feb 11, 2017

Your employer can't withhold taxes from your paycheck and not send it to the IRS. The IRS website has a page (https://www.irs.gov/uac/employer-and-employee-responsibilities-employment-tax-enforcement) describing what you can do.

I am not sure, but you might be able to sue Carls Jr (or...
Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord tell a tenant to leave in 2 weeks and threatened to be arrested if they returned to the property?

It's a new landlord and we had to sign a new lease form which I signed but never received a copy I only have a witness see me sign the form because the landlord had this person bring it to me. She didn't let me speak, I feel discriminated, she left papers under me for mat stating to leave... Read more »

Andy Chen
Andy Chen answered on Feb 11, 2017

Check to see if any local rental ordinances or laws apply in your city or county. However, in general, I would say the answer to your question is no. In order to get rid of a tenant, a landlord has to go through the eviction process. A landlord who tries to short cut that process by threatening... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: what is the damage amount I can seek in small claims if my landlord evicted me illeagally

I never received a written 3/30 day notice to end tenancy a summons of complaint but only a writ of possesion month to month tenant less than a year

Andy Chen
Andy Chen answered on Feb 11, 2017

You shouldn't be suing in small claims for this. You should have brought up during the eviction trial that you did not get the proper notice. Getting the proper notice is one of the critical things a landlord has to do so a judge definitely checks for that. If that judge disagreed with you,... Read more »

3 Answers | Asked in Child Custody for California on
Q: What can I do if the other parent files an ex parties for child custody in a different county if we already have a case

We already have a case open in one county and she has been denied a change of venue but she files a ex partie hearing in a different county for custody can she do that ? And do I have to go to that ex partie hearing ?

Andy Chen
Andy Chen answered on Feb 11, 2017

it might depend on the question being addressed in each county, but in general, i would say no. You cannot have two simultaneous cases in separate counties seeking custody. You should go to the ex parte in the second county to tell that judge that there is already a case open and the mom here... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: I want to give someone advice to file a sexual abuse case

I have a friend who was molested by her uncle who is in the family only through marriage to her aunt. This man molested my acquaintance when she was 4 by oral sexually abusing her. Then he moved his family to Ohio when he was close to being exposed. My acquaintance has had nightmares, paranoia and... Read more »

Andy Chen
Andy Chen answered on Feb 11, 2017

If your friend's goal is to put the uncle in jail, then your friend has to go to her local police and report this incident. I am not familiar with statutes of limitations on a case like this. The fact 17 years has passed may be a problem. It is possible the police will not do anything given... Read more »

2 Answers | Asked in Collections for California on
Q: A collection agency called my workplace and told my supervisor I owed them money. Is this legal?
Andy Chen
Andy Chen answered on Feb 11, 2017

Probably not, but more facts are needed. Debt collectors can call your employer for certain purposes (e.g. asking how to get in touch with you). However, badmouthing you to your employer in the hopes that this puts pressure on you to pay up sooner is. in my view, not permitted. You may be able to... Read more »

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