We were married over 25 years, support was court ordered for long term marriage. He went on furlough when Covid started, and collected unemployment benefits...now I believe he has retired early from his union job, so the checks that were issued by his employer stopped. He refuses to comply. Divorce... Read more »
answered on Nov 6, 2020
You may need to take your ex-spouse to court and you should definitely consult an attorney about this issue because long-term spousal support is very complex. You could start by reaching out to your ex-husband and making sure he knows where to send you his spousal support checks. While his... Read more »
Am i able to request to see the original will ? If so, how do i do this?file a form at probate?
answered on Oct 29, 2020
It is highly probable that your brother had his original will stolen because most attorneys no longer store originals for clients. Your brother should prepare a new will and store it where his son will not easily find it.
If your brother is already deceased, then the executor of his estate... Read more »
Got guardianship for my son, she will not let me see him and I need help on figuring out how to get him back please help me. She even went as far as to call my parole officer and tell him to put a restraining order on me as a part of my parole stipulations and my PO lied to me and said that it was... Read more »
answered on Oct 24, 2020
To end your mother's guardianship of your son, you will need to demonstrate to the judge that it is in your child's best interest to end the guardianship. First, you will need to file a Petition to Terminate Guardianship in the court where the guardianship was granted. You can use the... Read more »
A party provided false and misleading statements in connection to an anti-slapp motion. I intend to file objections certain parts of the declaration that are false and can prove it. What objection can I use under Evidence Code or any other codes?
answered on Oct 24, 2020
You can object to each individual statement in numerous different ways. I highly recommend that you consult with an attorney to help you present the best responses.
There was an addendum to trust giving her a rental house only and everything else to me.
answered on Oct 13, 2020
If the house is still in the trust, the trustee will need to give her a 60-day notice to vacate (I am assuming she has lived there for more than one year) and treat her like a tenant. If the house has already been transferred to your name, you will be the person to give her the 60-day notice to... Read more »
Father never paid and I no longer have my divorce papers to see what was ordered. I have tried various public searches and still I'm unable to locate even the case #
answered on Oct 11, 2020
You would need to seek the advice of an attorney in Texas, where the case was filed, for your answer.
My friends girlfriend recently gave birth to their son alone and told him he could not be there for the sole purpose of collecting some kind of financial benefits now that she has a child who no one has claimed the paternity of.
answered on Oct 7, 2020
Either parent can contact the local Department of Child Support services and open case to get child support for the baby. This can be done whether or not the father was at the birth or is on the birth certificate. The father should request a paternity test if and when the mother does opens a case.... Read more »
I have full legal sole and physical custody of my child (hes 12)
I was awarded full legal sole and physical custody
CPS took him off his mother and gave him to me because shes an alcoholic
I currently live in the SF bay area
I just got approved to move... Read more »
answered on Oct 4, 2020
If the judgement in your child custody case states that you have sole legal custody and sole physical custody, you do get to decide where your child lives. However, you not want to be accused of kidnapping your child so I highly recommend that you schedule an appointment with a family law lawyer... Read more »
Here and in Newport Beach.
Apparently, the assoc says that he has been living here and i broke rules. They sent me notice of this. So now.. They sent me a NOTICE OF DISCIPLINARY HEARING
Do i need a lawyer? I am not allowed to attend ot has be the owner my he's... Read more »
answered on Oct 2, 2020
Strictly speaking, no, you do not need to have a lawyer with you but having an HOA lawyer with you, especially one that knows the peculiarities of Laguna Woods, would be an excellent idea. You can bet that the Association will have a lawyer present to represent them at your discipline hearing. You... Read more »
My wife and I are recently divorced. Years prior to our divorce, we set up trusts for each our daughters. I am the trustee and my daughters are the beneficiaries of each of their trusts. The trusts own shares in a private company that may have a substantial liquidity event in the near future.... Read more »
answered on Sep 27, 2020
It depends on the language of the trusts. You are going to need reread the trusts and consult with an estate planning attorney who can review them with you.
My ex and I have 2 children, 16 y/o. Our divorce left me in terrible finances, while he continued earning more, well over 6 figures. I left a great career a few years ago due to my daughter's difficult medical diagnosis.
My income is so low i am on medi-cal, and since my children live... Read more »
answered on Sep 27, 2020
You are responsible for uninsured medical costs based on what your court order says. The language varies from case to case. Usually there is language in the order stating that the healthcare coverage should be free of cost or at reasonable cost. It does not sound like the insurance he has provided... Read more »
My single Dad passed away in June leaving 3 offspring in our 50's. My brother moved in with Dad several years ago due to no home
For last 3 years Dad needed care provided primarily by brother. Sister/me assisted 2 days/wk. After Dad died, bro claims Dad left all to him, discontinued... Read more »
answered on Sep 22, 2020
I am sorry for your loss. If there was a will, it should have been lodged with the court in the county where your father resided. The law says it must be lodged within 30 days after the death. If it was lodged, you can then view at the court. Of course, there might not be a will and perhaps your... Read more »
I am only sibling, he was never married/no children. Our parents died. No will. Will I qualify for Small Estate in Ca? Will NJ honor determination? Or will I need administration? Get it here or there? Do I have to travel to NJ?
answered on Sep 21, 2020
I am sorry for your loss. It can be difficult to figure out on your own whether you can use a simplified informal process to transfer property. Getting a personal consultation with a California lawyer is recommended after the death of a loved one. The California assets of residents who died with... Read more »
I have not hired a new atty. Can they charge me for my file?
answered on Sep 19, 2020
Just call the office and ask for the file. Then it could be useful to follow up with email request. If you can pick it up in person, you should not be charged for the original file.
My job is relocating me out of California and my ex wants to move to the same state so the kids don't have to travel for visitation. We have joint custody. Is the child custody and support order issued originally in California still in effect if both parents no longer live there? Would an... Read more »
answered on Sep 18, 2020
Yes, the child custody agreement is still in effect even if you both move out of California. You can and probably should register the California child custody agreement in the new state's court system. I recommend that you consult with an attorney in the state where you have relocated to get... Read more »
answered on Sep 18, 2020
The State of California does not have inheritance taxes. The federal estate tax applies when you inherit more than $11,580,000 in 2020. Should the property that you are inheriting be located in another state, you may have to pay that state's tax. You should ask an attorney in that state about... Read more »
I am bipolar and have cried in front of my son a couple times and diagnosed epilepsy last year. Can he take. My son away ? He stated he will not bring my son back if my current bf is there. He is slated to go to rehab next week - bf Dow's not live w me nor is he violent. Is this legal?
answered on Sep 17, 2020
I am sorry this is happening to you. If you have a court order for child custody, then the father must give your child back to you during your court-ordered custodial time. He cannot just keep your child during your time unless you agreed to it. You should consult with a local family law attorney... Read more »
Married for 24 years, divorced in 2001. Can I go back to court and have the spousal support dropped. Because I'm going on social security soon income is going to change. My income is going to be a lot lower.
answered on Sep 16, 2020
When your income drops due to a change in circumstances, such as you describe, then yes, the court will likely reduce or eliminate spousal support. Shortly before you retire and start collecting social security instead of getting your usual pay check, then you should file a Request for Order to... Read more »
answered on Sep 15, 2020
By "list them," do you mean including them on Form FL-142, Schedule of Assets and Debts? Yes, list them as community property.
answered on Sep 10, 2020
Yes, you can hire an attorney to represent you for just one hearing. It is called "limited representation." You can Google that term and/or "unbundled attorney" to find lawyers who do this.
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