If you’re saying the custodial parent is not actually on physical custody of the children, you may have grounds to request a modification of support. But that facts aren’t entirely clear here. You’ll want to consult with an attorney in the state that issued the support order.
Child will continue to live with father. Both husband and wife are employed. It is an agreeable divorce looking at mediation. In terms of alimony and child support, which state laws will benefit me more?
You will need to consult with both a California attorney and a Kansas attorney to determine what your rights are given your specific situation, and then make a choice for yourself which you believe will be in your best interests.
You can find many attorneys in the San Francisco Bay Area who...Read more »
I PLAN TO FILE FOR DIVORCE AND CUSTODY OF MY KIDS AND LEAVE THE STATE TO MY MOMS, MY HUSBAND HAS THREATENED ME AND WE CURRENTLY HAVE PEACEFUL CONTACT ORDER DUE TO AN INCIDENT 3 YEARS AGO. BUT THE AB USE HAS CONTINUED, WILL I GET IN TROUBLE FOR LEAVING WITH MY KIDS
Bring your order to a family Law Attorney for a definitive answer. Generally, “reserving jurisdiction” means the judge is saying she can still make decisions on the issue later. All “present orders remain in effect” means that any orders that were already in place stay in place. “except...Read more »
In 2016 my childs father beat me in front of our small child. I pressed charges he lost trial and in 2017 he was charged with felony domestic violence. We went to family court I allowed him phone calls and hes told me to get over the abuse and get over him hurting me in front of our child. That he... Read more »
The presumption in family law, once a finding of domestic violence has been made, is that the perpetrator of the domestic violence does not get legal or physical custody. FC 3044. On the facts you describe, odds are good he would not be awarded custody. He may be awarded visitation, but you have...Read more »
When was the car purchased? When we’re the payments made?
If all during the marriage, and payments made with employment income, then regardless of title, it’s community property. You could keep the car and pay an equalization payment to her for her share of the value.
I was 20 minutes late to DV hearing. Judge had already issued a 5 year restraining order. Petitioner stated on DV 100 that on Sept 3rd I barged into house demanded money & threaten to return. Said on Sept 2nd I was cited for trespassing & on Sept 3rd she called Sheriffs to report that I was... Read more »
I’m sorry to tell you that the answer is likely yes, get an attorney.
The permanent order has already been entered. This means you need to either file a motion to reconsider or an appeal. But since you didn’t show up to your hearing, you’re going to a have a rough time of it...Read more »
It depends on what your court order says and the circumstances of your no-visitation order.
You should consult with a family law attorney for the jurisdiction your order was written. I see you're in South Carolina but you're posting to the California family law section. Find an attorney...Read more »
If you are an active duty service member with a cancer diagnosis, you will be processed through the Physical Evaluation Board process. The Navy will determine whether your cancer significantly interferes with the performance of your duties. Depending on how disabled you are determined to be (by the...Read more »
The only way to be dishonorably discharged is if it is awarded at a general court martial. Is it possible? Yes. Each missed drill is an Unauthorized Absence. They could choose to refer the charges to court-martial.
More likely is that they’ll administratively separate you, asking for...Read more »
You’ll want to check your judgment. In most cases, the court will retain jurisdiction over enforcement of the judgment, and your 401k was probably divided as part of that judgment. Assuming that’s the case, you should be able to submit at stipulation and order signed by both parties that...Read more »
In our custody agreement I am suppose to have my kids 2wks out of the summer and every other Christmas. I am suppose to have them 2018 Christmas, but she is telling me that she doesn't have to let them leave the state to see me. Is this true, and if it isn't what can I do about it? Thank you.
It really does depend on what your court order says. Some will say travel out of state isn’t permitted without written permission or a court order. Some just require notice. Others are silent on the issue.
As for what you can do, if she refuses to comply, and the order doesnt bar travel...Read more »
Can you? Yes. Your odds will likely be better with an attorney on your side. And the family code (FC 3557) permits you to recover attorney fees because you had to bring a motion to collect court-ordered support.
You will need to file a Request for Order for enforcement of support and...Read more »
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