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Questions Answered by Indy G. Colbath
2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for California on
Q: I filled for parentage and 50/50 custody, then the mother filed for child support. What do I do? Which takes precedence
Indy G. Colbath
Indy G. Colbath answered on Aug 1, 2017

Child custody is decided first, because child support is calculated by looking at the time share percentages per each parent, each parent's incomes, tax filing status, and tax deductions.

Answering this question does not constitute legal advice; does not guarantee any outcome, nor does it...
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1 Answer | Asked in Divorce and Family Law for California on
Q: How long does spousal support typically continue in cases of long-term marriages?

While I understand that the code states that spousal support continues until the death of either party or the remarriage of the supported party for cases of long-term marriages, I know the supporting spouse could request that spousal support be terminated or reduced at some point. I'm wondering... Read more »

Indy G. Colbath
Indy G. Colbath answered on Aug 1, 2017

Post-dissolution litigation of spousal support is one of the most difficult and expensive undertakings in family law. For long term marriages, the law states that there is a presumption of permanent support, until the death of either party, or the remarriage of the supported spouse. Courts do... Read more »

2 Answers | Asked in Family Law for California on
Q: Would contempt of court filing help me get property? We have ongoing dissolution family law case and she has been order

Order says for her to sign deeds but she will not follow orders

Indy G. Colbath
Indy G. Colbath answered on Aug 1, 2017

If the order says that she must sign the deed but fails to do so, you can file a motion to request an "elisor" which is the court clerk signing in her place. You should contact an attorney to assist you in preparing this motion.

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1 Answer | Asked in Family Law for California on
Q: My x of 17 years is trying to take away my conservatorship that we share of our 24 year old son who has Down syndrome.

He has temporarily had my rights taken away and now we are having a trial and the judge told me I had to get a atty but I can not afford one. Please some advice would be welcomed thank you

Indy G. Colbath
Indy G. Colbath answered on Jun 6, 2017

You should re-post this question in Probate- conservatorships are handled in probate court, not family court.

1 Answer | Asked in Family Law for California on
Q: If I file for divorce-respondent defaults w/agreement -does he pay fee to court?
Indy G. Colbath
Indy G. Colbath answered on Jun 6, 2017

If Respondent does not file a response, and you proceed as a default judgment with an agreement, then the Respondent will not have to pay the filing fee.

1 Answer | Asked in Family Law and Child Custody for California on
Q: What r my chances to move from CA to NM with my son if dad will fight me. My son is 11 and doesn't want to stay with him

My mom and family live in NM and are willing on helping me and my family out so I can further my education. Cost of living is also cheaper out there. My son doesn't want to stay with his dad and his dads ex is willing on writing a statement due to my sons fathers actions on him not wanting to... Read more »

Indy G. Colbath
Indy G. Colbath answered on Jun 6, 2017

You are seeking what is known as a "move away" order, and these can be difficult to achieve. There are several factors the court will consider, and these frequently lead to long trials if the non-moving parent opposes the move. You should meet with an attorney to discuss your case and see what your... Read more »

1 Answer | Asked in Family Law for California on
Q: Can I remarry right away in another state once I receive my default judgment approval filed in California?

Filed in March 9th by publication. Default filed May 19th. It is with the clerk and should be approved in 4 to 6 weeks. Can I remarry in Vegas when I get the judgment or do I need to wait 6 months.

Indy G. Colbath
Indy G. Colbath answered on Jun 6, 2017

You need to wait until you receive your final judgment before you can remarry, otherwise your second marriage will be invalid as bigamous, and it can cause several other legal problems down the road. The court will not prepare your judgment for you, you must do so yourself. If you have already... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I want to know my legal rights and obligations regarding my estranged young teenaged son.

My then-13 y.o. son was violent with me in my own home in January, 2016. I called the police and they took him away to a psychiatric facility for evaluation. He was released two hours later to his father. Since then, my son refuses to speak to me and answered all my initial attempts to communicate... Read more »

Indy G. Colbath
Indy G. Colbath answered on Jun 6, 2017

Unfortunately, since your son is still a minor, you are obligated to provide support to him until he reaches the age of majority or is emancipated. A child's bad behavior does not excuse the parent's obligation to support him or her. You may want to consult with an attorney who can determine... Read more »

2 Answers | Asked in Family Law for California on
Q: Is there any way to change a final divorce Judgment because my ex-wife hid money from California court?

Recently found out that my ex-wife didn't

disclose $335,610 in Canadian Bank accounts during our divorce.

Money was from part marriage gifts and

part inheritance. Ex-wife didn't want me

to make a claim on the money so

didn't disclose it.

Her attorney... Read more »

Indy G. Colbath
Indy G. Colbath answered on Jun 6, 2017

Depending upon when your divorce was entered, you may be able to set aside the judgment due to fraud. Furthermore, support is always modifiable post-judgment based on changes in circumstances. You should consult an attorney and ask them if the set-aside remedy is available based on the statute of... Read more »

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