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Questions Answered by Crista Marie Haynes
1 Answer | Asked in Family Law for California on
Q: I FILLED A EX PARTE EMERGENCY HEARING NO EMERGENCY ORDERS WE GRANTED WE HAVE MEDIATION AND COURT TODAY BUT I WOULD LIKE

TO FILE MORE PROOF AND BACK UP DATA TO MY FILE BUT DONT KNOW THE PROPER FORM TO SUBMIT

Crista Marie Haynes
Crista Marie Haynes answered on Jan 24, 2019

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 »

1 Answer | Asked in Family Law for California on
Q: Can I fire my court appointed legal counsel for not representing my interests as an out of state non-custodial parent?

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 »

Crista Marie Haynes
Crista Marie Haynes answered on Aug 17, 2018

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 »

1 Answer | Asked in Family Law and Divorce for California on
Q: I filled for legal separation and plan on splitting assets. We plan on staying together after the legal separation.

If years from now, we decide to file for divorce. Is there another separation of assests as part of the divorce or does the initial legal separation stand in terms of property distribution?

Crista Marie Haynes
Crista Marie Haynes answered on Aug 15, 2018

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 »

2 Answers | Asked in Tax Law for California on
Q: Is husband liable for Wife's tax debt when filing separately in a community law state?

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?

Crista Marie Haynes
Crista Marie Haynes answered on Aug 17, 2018

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 »

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2 Answers | Asked in Family Law and Child Custody for California on
Q: My grandson is almost 6 yrs old and his father has had little to no contact with him since he was 9 months old

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 »

Crista Marie Haynes
Crista Marie Haynes answered on Aug 2, 2018

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 »

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1 Answer | Asked in Divorce and Family Law for California on
Q: Can I be physically present when my husband is served divorce papers? A friend will hand them over but can I be there?
Crista Marie Haynes
Crista Marie Haynes answered on Jul 11, 2018

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.

1 Answer | Asked in Family Law and Divorce for California on
Q: Can spousal support be terminated retroactively

My ex wife hid her new marriage for six months. During this time, she received $550 in monthly spousal support. Can spousal support be terminated retroactively. And can that money be refunded to me?

Crista Marie Haynes
Crista Marie Haynes answered on Jul 11, 2018

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 »

1 Answer | Asked in Family Law for California on
Q: After I enter a request to enter default how do I know it was granted and if it was what do I have to do to finalize
Crista Marie Haynes
Crista Marie Haynes answered on Jun 28, 2018

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 »

1 Answer | Asked in Family Law for California on
Q: Does child support take priority on first born?

My husband is going through a child support case from previous relationship and they are coming out with almost $700 in child support. We are hardly making it. How is this fair for my child?

Crista Marie Haynes
Crista Marie Haynes answered on Jun 20, 2018

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 »

1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Q: When increasing separately inherited property, by an 1031 exchange, is my spouse entitled to the any of value in CA?

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 »

Crista Marie Haynes
Crista Marie Haynes answered on Jun 11, 2018

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 »

1 Answer | Asked in Child Custody and Family Law for California on
Q: My son had a child out of wedlock. There is no custody or parent agreement. She is moving to Texas.

I would also like grand parent rights. Do we need to file in California or Texas. She plans to move in the next 3-4 weeks.

Crista Marie Haynes
Crista Marie Haynes answered on Jun 5, 2018

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 »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: California wife still married wants to quit job move kids 400 miles away still in same state i only see them on weekends

Is it legal? She cheated i still told her id like to work on marrage for the kids. No court yet no divorce or seperation what should i do

Crista Marie Haynes
Crista Marie Haynes answered on Jun 4, 2018

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: How long does a parent have to serve the other parent with paperwork after the petition has been filed with the court?

Paperwork was filed, but was not served to me for 221 days after the date of file with the court. It was a Petition for Custody and Support.

Crista Marie Haynes
Crista Marie Haynes answered on May 23, 2018

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.

1 Answer | Asked in Child Support and Family Law for California on
Q: Do they count overtime when calculating child support in California?

I have been working O/T for about 3 months and probably will continue for another 2 months. Will this impact what I currently pay a week? Instead of 40hrs I’ve been working about 70hrs a week.

Crista Marie Haynes
Crista Marie Haynes answered on May 23, 2018

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 »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I add more evidence/statements to a response to modify an existing custody order after the initial file.
Crista Marie Haynes
Crista Marie Haynes answered on May 21, 2018

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 »

1 Answer | Asked in Family Law and Child Custody for California on
Q: What forms do I need to request a court date to change my child visitation currently in effect? Am I the Respondent?

The mother has legal custody of child in Ridgecrest, Ca

Crista Marie Haynes
Crista Marie Haynes answered on May 21, 2018

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 »

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: I was married and adopted my wife’s daughter where the biological father gave up his rights. My daughter is 15 now and

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 »

Crista Marie Haynes
Crista Marie Haynes answered on May 15, 2018

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 »

1 Answer | Asked in Family Law for California on
Q: Can I send a simplified financial statement to the other party's attorney via email?

Can this be done via email or does it have to be sent through certified mail?

Crista Marie Haynes
Crista Marie Haynes answered on May 14, 2018

Unless you have an agreement stating otherwise, such as an agreement to accept things for service via facsimile and/or email you must send the Simplified Financial Statement via US Mail.

1 Answer | Asked in Child Custody and Family Law for California on
Q: What happens once a child is 15 will a judge force a child or once a child is a teen will they start to not force visit?

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 »

Crista Marie Haynes
Crista Marie Haynes answered on May 14, 2018

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: I don’t ask for child support , is it reasonable to ask my sons mom to cover the travel cost for his visits to her.

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 »

Crista Marie Haynes
Crista Marie Haynes answered on May 14, 2018

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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