If you would like to supplement your initial filing you will need to submit a supplemental declaration and attach any documentary evidence you would like the court to consider as exhibits. You can use form MC-031, multiple MC-031's put together or submit a supplemental declaration on pleading...Read more »
My husband, separated 14 years, moved to Virginia. We mutually agreed for our daughter to spend her summer vacation with him 6 years ago. Once he had her in his care, he vanished- changed his phone number, mail was returned, ignored facebook and email correspondence. Our daughter was placed in... Read more »
The only thing you can do is hire a private attorney to represent you. When you hire a private attorney to come into the case, the public attorney provided to you is relived from the case and your private attorney represents you thereafter. Unfortunately you cannot fire the court appointed...Read more »
So long as you take the Legal Separation case to a final judgment for Legal Separation any and all orders that are contained in that Judgment will remain fully enforceable upon either or you filing for a full divorce if that ever were to occur. Once court orders are made and are brought to a...Read more »
My wife and I are married and filing separate returns in a community law state. She owes $7,000 in taxes and I owe 1,000. If she defaults, will IRS go after me to collect part of her debt? Are our debts considered community or separate?
The IRS will only go after her if she defaults on the debt that she owes to them, HOWEVER, as the debt was acquired during your marriage, if you two were to divorce the debt itself is a community debt as it is attached to her income and her income is the income of the community, so technically...Read more »
Now he is asking for full custody stating unreal and outrageous claims. Can I do anything? P.S. my husband and I have pretty much raised our grandson single handed since he was brought home from the hospital. To years ago my daughter was incarcerated for almost a year and we took temporary custody... Read more »
You need to get into court to request a temporary guardianship and a permanent guardianship and present the court with all of the information you have to suggest why it would not be in the best interest of your grandson to be with his father including all of the facts that you presented in your...Read more »
You are allowed to be present when your husband is served so long as the person who is actually serving your husband is not a party to the case and is over the age of 18. There is no ban saying that you cannot also be present.
The answer to your questions lies in how your judgment/order regarding spousal support was worded. If there is language in there regarding terminating events such as remarriage, the remarriage date is the date the order will terminate and you can go into court and ask for a reimbursement order....Read more »
When you file three copies of the request to enter default you must also provide to the court a stamped and postage paid envelop back to yourself and one to the opposing party. Once the Request to enter Default has been filed and accepted by the court you will received a filed stamped copy back in...Read more »
Child support is calculated using a guideline calculator. The calculator takes into account the parties timeshare of the minor child/children, each parties gross monthly income, any and all healthcare insurance paid out by both parties, mandatory retirement payments, union dues among other less...Read more »
I inherited 1/3rd of my parents house, upon sale I would like to invest using a 1031 exchange in a larger value property that will generate income. I do not know if my spouse is entitled to any revenue generated from the future value increase or the income it generates or does the purchase alone... Read more »
California defines separate property as that property acquired prior to marriage, after the date of separation, property acquired via inheritance, gift or devise. California additionally defines all rents, proceeds and interest generated by separate property to be the separate property of the...Read more »
Your son needs to file a Petition to Establish a Parental Relationship and a Request for Orders for child custody and visitation and to address the move away issue. He needs to do this ASAP before she moves to ensure that she cannot move. His best bet is to file an ex parte request so that the...Read more »
If you do not agree with her proposal you need to file for custody and visitation orders as soon as possible so she does not get established up there first. Judges look to the status quo of the situation first when deciding how to rule on custody and visitation orders when there are none in place....Read more »
They do not have to serve you with their Petition but they cannot move forward with the case until they serve you. Once you are served you have 30 days to respond. If you do not respond within those thirty days the other party may file a request to enter default and proceed in your absence.
When calculating child support they do take overtime into consideration as income for child support purposes is widely defined and includes all income from all sources including overtime. If you have further questions about how they will calculate your support please do not hesitate to contact me...Read more »
Yes you may. You simply need to file an updated declaration and attach the evidence/statements to you declaration. However, please remember that anything that you file with the court by way of evidence/declarations must be served upon the other side as well. So file the documents with the court...Read more »
You will need to file a Request for Order FL-300 and request a modification of child custody and visitation orders. There are several attachment forms that you can attach to the FL-300 to be able to fully effectuate your entire request. These forms are: FL-305 for temporary emergency orders,...Read more »
Has been in contact with him for the last yr. He has been in contact with her mother and wants to fly her out this summer for a week. I do not agree as she has made some bad choices and isn’t trustworthy right now and don’t feel she is ready to meet him after 12 yrs of him being absent. #1 what... Read more »
As her legal father you have 50/50 rights with her mother and as such her mother cannot send her out of the state to see her absent biological father without your consent. Worst case scenario you would be able to call the police to stop your daughter from getting on the plane and if somehow your...Read more »
My son wanted to live with his mother after living with me for 3 1/2 years. He was turning into a teenager while in our home and was very upset we took his cell phone away for missing assignments. Courts allowed him to return to his mother house based on what he wanted. We had concerns before he... Read more »
You definitely should file a Request for Order to modify child custody and visitation orders based on detriment to your son. You can show the extreme detriment by showing that while under mother's care he has been sent to juvenile hall and that his behavior is not changing and that his mother is...Read more »
My ex wife and I shared 50/50 custody of our 13-year old son. She has moved from California where we both live to Ohio. He is staying with me during school and she gets him multiple times throughout the year. (This has just happened this month so she has not had him yet). I am not asking for any... Read more »
You have multiple options and I think only you can make the ultimate decision. The first would be to not do anything drastic and allow for the term "status quo" to set in and get through to the point where you enroll your son into school here in California and get the strong roots set in here to...Read more »
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