Questions Answered by Angelina Bradley

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

1 Answer | Asked in Family Law and Child Support for California on
Answered on Jan 28, 2019
Angelina Bradley's answer
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.

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.

1 Answer | Asked in Divorce for California on
Answered on Jan 16, 2019
Angelina Bradley's answer
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 can provide you a consultation.

The issue you're going to run into is jurisdiction. There is a law that states that only one state gets to make child custody orders: the state where the...

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

2 Answers | Asked in Child Custody and Divorce for California on
Answered on Jan 16, 2019
Angelina Bradley's answer
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 orders to an attorney to make certain — the last thing you need is for your husband to be able to order the kids to return to CA because you took them without permission. See an attorney with orders in...

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

1 Answer | Asked in Divorce for California on
Answered on Jan 15, 2019
Angelina Bradley's answer
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 as provided below” are the changes the judge made to the orders”.

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

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Answered on Jan 9, 2019
Angelina Bradley's answer
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 good arguments for why those should be supervised.

If you have a domestic violence restraining order in addition to the criminal protective order, you can file to extend it, and I recommend you...

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

1 Answer | Asked in Family Law for California on
Answered on Jan 9, 2019
Angelina Bradley's answer
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.

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

1 Answer | Asked in Child Support for California on
Answered on Jan 7, 2019
Angelina Bradley's answer
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 continue to be due, and if you don’t pay it, they can freeze your bank accounts, suspend your drivers license, and take your tax refunds.

Good luck in whatever you choose.

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

1 Answer | Asked in Divorce for California on
Answered on Dec 19, 2018
Angelina Bradley's answer
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 possession of the vehicle is at issue, you should file a request for order for property control. Head to your local family law facilitator’s office for assistance, or, reach out to an attorney to help. If...

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

1 Answer | Asked in Child Support for California on
Answered on Dec 18, 2018
Angelina Bradley's answer
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 mother.

I'm happy to consult with him if the case is in San Diego county.

Good luck.

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

1 Answer | Asked in Military Law for Texas on
Answered on Dec 18, 2018
Angelina Bradley's answer
Generally, spousal support, eligibility for TriCare coverage, and military retirement pay.

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

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

1 Answer | Asked in Divorce and Personal Injury for California on
Answered on Dec 17, 2018
Angelina Bradley's answer
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.

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

1 Answer | Asked in Family Law and Domestic Violence for California on
Answered on Dec 17, 2018
Angelina Bradley's answer
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 succeeding in an appeal.

The usual methods of setting a rehearing don’t sound available based on your description of the facts.

So you should get an attorney who specializes in family law...

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

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Dec 10, 2018
Angelina Bradley's answer
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 that practices where the order was written, bring a copy of your order to the consultation, and discuss what is happening and what you would like moving forward. The attorney can give you the best advice...

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

1 Answer | Asked in Child Support for California on
Answered on Dec 10, 2018
Angelina Bradley's answer
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 child care if you were to work, hardships, extraordinary expenses.

You should consult with an attorney to get a better assessment of what support could look like in your case. But you can play...

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

1 Answer | Asked in Child Custody and Family Law for California on
Answered on Dec 10, 2018
Angelina Bradley's answer
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 counselor will send a report and recommendation to the court. At the hearing, you'll make your arguments and the father will make his, then the court will make the final custody order.

Good...

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

1 Answer | Asked in Military Law for California on
Answered on Dec 6, 2018
Angelina Bradley's answer
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 VA) you could be either retired or separated with a severance.

My office practices in this area. If you need additional assistance, please reach out to me.

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?

1 Answer | Asked in Military Law for Indiana on
Answered on Dec 3, 2018
Angelina Bradley's answer
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 either a General or Other Than Honorable discharge.

If they’re offering you to makeup your drills, you should ask if they’re going to make those UAs into AAs or if they’re just going to...

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.

1 Answer | Asked in Divorce for California on
Answered on Dec 3, 2018
Angelina Bradley's answer
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 confirms the 401k as your separate property. As it probably holds some value, I’d recommend you consult with an attorney to make sure what you submit to the court will be sufficient. If it’s an...

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

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Dec 3, 2018
Angelina Bradley's answer
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 out of state, you could file a Request for Order to enforce the custody order. You could also exercise your visitation here in California. If your court order includes splitting the costs of...

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

1 Answer | Asked in Divorce for California on
Answered on Nov 15, 2018
Angelina Bradley's answer
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 setting of arrears. You should probably ask for an income withholding order. You may have additional options.

If you must move forward without counsel, please go to your county’s family law...

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