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Questions Answered by Angelina Bradley

1 Answer | Asked in Family Law and Child Support for California on

Q: Can a custodial parent, living in Hawaii, request child support in the state of Hawaii if her children reside in Florida

Mother was finishing college in Hawaii when she requested child support. She moved her children to the state of Florida.

Angelina Bradley answered on Jan 28, 2019

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.

Good luck.

1 Answer | Asked in Divorce for California on

Q: Is it better for wife to get a divorce in KSor CA? 1 child living in Kansas with Dad. Mom living in CA alone.

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?

Angelina Bradley answered on Jan 16, 2019

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...
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2 Answers | Asked in Child Custody and Divorce for California on

Q: IF I FILE FORE DIVORCE AND FULL CUSTODY AND LEAVE THE STATE WILL I GET IN TROUBLE, IM AFRAID OF MY HUSBAND REACTION

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

Angelina Bradley answered on Jan 16, 2019

It depends on what your current court orders say. Is the peaceful contact order is in criminal court (CPO) or family court (DVRO)?

If you have sole legal custody, you may be able to move without a moveaway order. You may also need to ask the court for permission to move away. Bring your...
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1 Answer | Asked in Divorce for California on

Q: What does Jurisdiction is reserved over all issues and all present orders remain in effect except as provided below.

Angelina Bradley answered on Jan 15, 2019

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 »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on

Q: Can my childs father get visitation after losing trial for felony domestic violence?

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 »

Angelina Bradley answered on Jan 9, 2019

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 »

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1 Answer | Asked in Family Law for California on

Q: i have been divorce for 2 1/2 years how can i get copies or look over my divorce i do have the case number

Angelina Bradley answered on Jan 9, 2019

Go down to the court's business office/clerk's office with your case number. They can pull up your case and allow you to view your file. If you'd like copies, they can make those for you for a fee.

Good luck.

1 Answer | Asked in Child Support for California on

Q: California Do I really need to pay childsupport when he doesn’t have custody anymore?

He had custody for three months he got childsupport on me because he got foodstamps once

He lost custody because he left my baby alone after a physical altercation with another woman

I refuse to go to court or talk to a social worker. He said a social worker said I have custody.... Read more »

Angelina Bradley answered on Jan 7, 2019

If you refuse to go to court, then yes, you have to keep paying child support and they can keep denying you custody.

You need to make a choice. You can go to court, get the child support modified, and ask for custody back. Or you can keep things the way they are. Child support will...
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1 Answer | Asked in Divorce for California on

Q: My spouse and I are separated , but it is only in her name because I have bad credit. Can she take it?

I paid for the car and pay the car notes, but now that she just filed for divorce, she keeps threatening to take the car because it’s only in her name.

Angelina Bradley answered on Dec 19, 2018

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.

If...
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1 Answer | Asked in Child Support for California on

Q: Do parents in California have to pay child support to children over the age of 18?

My brother's childhood friend is still paying child support for his 24 year old daughter who has been in the Air Force for over two years

I cant begin to imagine why his child support payments are still going on. his ex wife would have gone after him for child support soon after the... Read more »

Angelina Bradley answered on Dec 18, 2018

Child support in California typically ends when the child turns 18 or graduates from high school, whichever is later.

If he's still been paying, and can show record of the payments, then he should file a motion with the court to terminate child support and recoup the overpayment from the...
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1 Answer | Asked in Military Law for Texas on

Q: What area of law does the Uniformed Services Former Spouses’ Protection Act cover?

Angelina Bradley answered on Dec 18, 2018

Generally, spousal support, eligibility for TriCare coverage, and military retirement pay.

To see how it applies to you, consult with a family law attorney.

1 Answer | Asked in Divorce and Personal Injury for California on

Q: In a pending divorce, I just received a settlement for personal injury pain and suffering, is this community property

Angelina Bradley answered on Dec 17, 2018

In most cases, no. But there are exceptions and you should consult with a family law attorney to make sure they don’t apply in your case.

1 Answer | Asked in Family Law and Domestic Violence for California on

Q: Do I need a lawyer? as I cant afford one to terminate civil DV Decision by court

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 »

Angelina Bradley answered on Dec 17, 2018

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...
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1 Answer | Asked in Family Law and Child Custody for California on

Q: Can my ex keep me from talking to my kids on the phone?

I have no visitation

Angelina Bradley answered on Dec 10, 2018

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...
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1 Answer | Asked in Child Support for California on

Q: How much should I get for child support if I take care of our child full time and not currently working?

Angelina Bradley answered on Dec 10, 2018

Child support's three primary factors are:

1) What is the time share?

2) Income of the custodial parent

3) Income of the non-custodial parent

But the court can take several other things into account, e.g. whether you have the ability to work full-time, the cost of...
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1 Answer | Asked in Child Custody and Family Law for California on

Q: What form do I need to file for sole legal custody?

Myself and father of my children have Joint legal custody.

He has failed to inform me of our children getting shots until after he took them to doctors to do so.

Baptized our one year old son in July 2018& I barely found that out this December 2018.

He apparently doesn’t... Read more »

Angelina Bradley answered on Dec 10, 2018

You should consult with an attorney about the specifics of your case, but, to answer the question "What form...", the answer is a Request for Order to modify child custody and visitation.

You'll be ordered to counseling to try and work out a custody plan, and, if you don't agree, then the...
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1 Answer | Asked in Military Law for California on

Q: Can I be discharged from military service because of a cancer diagnosis?

Angelina Bradley answered on Dec 6, 2018

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 »

1 Answer | Asked in Military Law for Indiana on

Q: I’ve missed 9 drills in Indiana. they said If I don’t make them up I’m going to dishonerable... true or false?

Angelina Bradley answered on Dec 3, 2018

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...
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1 Answer | Asked in Divorce for California on

Q: I was divorced on 2011 my ex has stated she doesn’t want her portion of my 401k. Where do I go from here.

Angelina Bradley answered on Dec 3, 2018

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 »

1 Answer | Asked in Family Law and Child Custody for California on

Q: mother is a california resident and is refusing to let kids leave the state to visit me in oregon. Can she do this?

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.

Angelina Bradley answered on Dec 3, 2018

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...
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1 Answer | Asked in Divorce for California on

Q: What do I need to do when my ex stops paying court ordered support? Can I file papers without a lawyer?

Divorce final in 2015, court ordered support

Angelina Bradley answered on Nov 15, 2018

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...
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