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Our divorce is finalized plus there is an active restraining order protecting me and my daughter from my exhusband. I was awarded sole physical and legal custody. He has not contacted or provided child support for over 2 years. Will other states honor this restraining order?
answered on Jul 31, 2020
Generally speaking, other states will honor the restraining order but each state varies on how to get the order registered in its system and so on. You should consult with an attorney in the state that you are considering relocating to, prior to leaving California.
My mother also passed away approx 8 years ago. We've been living with grandfather for last 5 years. He's only be gone for 14 days, we haven't even had the funeral. Uncle keeps just showing up whenever he wants to our house. I woke up to him asleep in his car in our driveway yesterday morning.
answered on Jul 28, 2020
I am sorry for your loss. It sounds like your uncle is making a hard time even worse. Let's assume your uncle is correct and he "gets everything" including the house belonging to your grandfather. That being the case, he would still have to follow California's landlord-tenant... View More 
Also that would mean the family memeber would be my new guardian but what if my mom doesnt agree but you really want seperation also im a minor
answered on Jul 25, 2020
First, I strongly encourage you to contact an attorney in your area to discuss representing you and to help you decide which route to take - emancipation or guardianship.
Second, if you want to get away from your parents because they are abusive, you can call 2-1-1 in California to get... View More
My ex-husband wants to take our children to Mexico. He doesn't have a passport and he doesn't have any documentation for our children. Also, he moved to Arizona from Georgia when he was arrested without letting the courts know.
answered on Jul 24, 2020
The answer depends on what your parenting/custody agreement says. Some parents include provisions that prohibit moving the children from the state but others allow children to travel anywhere with the parent. However, "traveling" is not the same as "moving" and most parenting... View More
The ex husband income has decreased significantly and the child support dropped accordingly, the current spouse has the potential to make significant amount of money through her business and a business lawsuit settlement soon. In California
answered on Jul 24, 2020
A parent who wishes to change a child support order must show a "change in circumstances" and a change in the parent's income is a good reason for the court to agree that the child support order might need to be changed.
Here is the situations. Husband and wife are both US residents. Husband is a Green Card holder, wife is a US Citizen. Do we need to file any tax form when the husband transfer large assets assets (e.g. money and stocks for $300K) to the US citizen wife? is it best to use a joint account or can the... View More
answered on Jul 22, 2020
This question would be best answered by a tax expert so that they can advise you of any possible gift tax repercussions.
Tax advice disclosure: To ensure compliance with Treasury Department Circular 230, we inform you that unless otherwise specified, any federal tax advice contained in this... View More
property after her passing. He does not pay rent or have a lease. Can I do this without paying a lawyer. Funds are tight. Thanks
answered on Jul 22, 2020
Revising/amending a trust without the legal advice of an attorney is not advisable. Even if the trust is amended, you should note that your sibling may still overstay his or her welcome. The successor trustee may have to file an eviction case to get the sibling out. Even relatives living for free... View More
Final Judgment reads "Commencing (date included) Respondent/wife shall maintain health insurance coverage under Family Code Section 3750-3753 of the minor children if that insurance is available at no cost or at a reasonable cost to Respondent/Wife as defined by Family Code Section 3751(a)(2)... View More
answered on Jul 22, 2020
From the information that you provided, it does read that Wife must pay for the health insurance coverage (premiums) if they are free or available at a "reasonable cost." I suspect it is her contention that the cost of the premium is no longer reasonable. If that is the case, she could... View More
Proving a parent is unfit based on past of criminal violence and domestic violence.
answered on Jul 22, 2020
Yes, there are many Family Law codes regarding domestic violence. When making a child custody decision, the judge must look at the "best interests of the child." Family Code 3011 requires that a history of family violence be taken into consideration by the judge. In addition, the court... View More
My mother is recently deceased and the insurance company denied her claim. They did however, mail me a check to the estate of my deceased mother. There is no estate or a need for one or probate, there is no assets, money, property etc and I am the Survivor/Heir/Beneficiary and Executor. I was... View More
answered on Aug 22, 2018
If you are interested in preparing the affidavit on your own, you could visit the local county law library. Alternatively, you could try looking for a California probate book published by Nolo Press. They are very straightforward and often have samples for you. You might find a sample affidavit in... View More
I am one of two beneficiaries who are named in a will that is in probate. The will state's that the two beneficiaries and only them are to share the entire estate equally. One of the beneficiaries is also the executrix. Why is it that notices coming from the court pertaining to court hearings... View More
answered on Apr 30, 2018
The heirs are receiving notice because California law requires that notice be given to the beneficiaries and heirs during the probate. The heirs may have a remote chance of inheriting, for example, if one or both of the beneficiaries were to die before the probate closed or if one or both of the... View More
They really want her to have the home, but at the same time, keep things equitable with the other 3 kids. Is there any way to do this?
answered on Apr 19, 2018
Yes, if your parents want to keep the division equitable, they should consult an estate planning attorney. If they try a DIY plan like adding your sister's name onto the deed now or put it on a transfer on death deed, not only would the house would go directly to your sister but there are... View More
Selling house (Sacramento) to downsize to buy Nevada house within 6 months, hopefully. If house cannot be found to buy, can an RV be next step in place of buying house and put into trust. This is an medi-cal recovery situation. Also, would any proceeds that is left, subject to medi-cal recovery?
answered on Apr 13, 2018
According to California's Department of Health Care Services (DHCS), a surviving spouse's assets are exempt from Medi-Cal recovery (if the proper forms are filed on time). As of 1/1/2017, Medi-Cal cannot recover from the estate of the surviving spouse, if the survivor did not get the... View More
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