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Questions Answered by Angelina Bradley
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
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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1 Answer | Asked in Divorce for California on
Q: Should I do as he is requesting

20 yrs married we have 2 daughters 12 and 13 1 17 yr old son tsp over 400k during his career we moved 5 times and I stayed home with my daughters. however he doesn't want me to mess with how retirement. And the custody of the kids.. he has them I have no means or enough to support myself... Read more »

Angelina Bradley
Angelina Bradley
answered on Nov 15, 2018

You really need to speak with an attorney to discuss the consequences of agreeing to everything he asks for. California is a community property state. You’re in a long-term marriage. I would hate to see you put yourself in a position that puts you in a worse place than where the law would put you... Read more »

1 Answer | Asked in Divorce for California on
Q: I had a trail for my Divorce and the judge didn't even hear my side. What can I do?

My husband had am attorney but I didn't because of my income. I represented myself & the judge wouldn't let me plead my case. I'm disabled and the judge didn't even care. I was married for almost 20yrs. And being disabled amd not working all those yrs. It's hard to find... Read more »

Angelina Bradley
Angelina Bradley
answered on Nov 14, 2018

If the statement of decision hasn't been issued yet by the judge, I'd hold off on worrying for now. I've often had self-represented parties come to be, believing their side of the story wasn't heard, only to have the statement of decision come out in their favor. That may be the... Read more »

1 Answer | Asked in Family Law for California on
Q: Can a lawyer in san diego call me and tell me my daughter has court in two days???
Angelina Bradley
Angelina Bradley
answered on Nov 13, 2018

You can actually search the court system yourself at:

https://portal.prod2.odyssey.sdcourt.ca.gov/ODYPortalProd2/

You’ll need either the case number or a name to search. You can see everything but adoption, paternity, and child support only cases.

If your daughter needs...
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1 Answer | Asked in Divorce for California on
Q: what can I sue my spouse for?

I’ve tried to get my spouse to sign paperwork since February of 2018. She has refused due to the benefits she gets from me since I’m military. The military will not get involved in this matter. She finally signed in October our separation agreement. Yet she’s still demanding money from me.... Read more »

Angelina Bradley
Angelina Bradley
answered on Nov 13, 2018

I suggest you contact an attorney to discuss the facts of your case, because the answer is very different for each individual.

Is the case filed here in California? If so, please feel free to reach out to me, or any of the other attorneys you find here on Justia.

I’m at...
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1 Answer | Asked in Child Support for California on
Q: Can the noncustodial parent get in trouble for lyingabout not being the father just to get away for not paying Child su?

The noncustodial parent requested a DNA testing

Angelina Bradley
Angelina Bradley
answered on Nov 7, 2018

If the non-custodial parent made a statement under oath that he knew to be false, then yes, it is possible. But here, you have a paternity action, and he's asking you to prove he's the father prior to child support being ordered. That is not an unreasonable request. And, ultimately, the... Read more »

2 Answers | Asked in Divorce for California on
Q: Can I change lawyers if I chose to? I am in a middle of a divorce proceeding and my current lawyer is delaying my case.
Angelina Bradley
Angelina Bradley
answered on Nov 3, 2018

You can always choose who your lawyer is, so if you aren’t satisfied, changing attorneys is one option.

May I suggest, before you do that, to talk to your attorney. Share your concern that the case is being delayed and ask how s/he can move the case along. While it is possible the delay...
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1 Answer | Asked in Criminal Law and Health Care Law for California on
Q: I'm 17 yo and pregnant, my due date will be in late June, after my 18th birthday. Can my 28 yo husband get in trouble?

I use the word "husband" because we are engaged and we are getting married in the middle of June 2019. He is currently 28, and will be 29 before the baby is born. My family is happy and accepting, as well. Could we dodge the problems by saying he's a family member and then adding him... Read more »

Angelina Bradley
Angelina Bradley
answered on Nov 3, 2018

Your fiance may want to consult with a criminal defense attorney. PC 261.5 is pretty clear it's a crime if an adult has sex with someone under the age of 18. I don't practice criminal law, so I don't know what the statute of limitations would be or the likelihood of prosecution.... Read more »

1 Answer | Asked in Contracts and Family Law for California on
Q: Do I have rights to a car my ex has but my name is on

My ex and I were together 15 years we had a car loan that shares both our names I want the car and he’s trying to giVe it to a family member but I do t want to sign off on it

Angelina Bradley
Angelina Bradley
answered on Nov 3, 2018

If your name is on the title, then you have a property claim to it that you don't have to relinquish.

If you were married, obtained the car during marriage, and the car wasn't divided in the divorce (or you're still married), then you may have community property rights as...
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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: My child's father refuses to pay child support, what resources do I have? and how can I get him to help pay for daycare?

I was receiving child support up until I won a court decision that allowed me to enroll my son into daycare. His father had been doing everything in his power to keep me from enrolling him in daycare. He wants me to give him full custody. So much so I was unable to work in order to take care of my... Read more »

Angelina Bradley
Angelina Bradley
answered on Nov 2, 2018

Contact your county's Department of Child Support Services to open an enforcement case. Bring your existing child support order. They'll be able to assist.

Good luck.

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Going through divorce and trying to get custody of my kids.

Going through divorce and trying to get custody of my kids.

I have 2 minors with my soon to be ex- wife. She had a 4 month old when I met her and then we got married. So I have three daughters. My oldest step daughter is already 6 years old. I've supported her financially and I'm... Read more »

Angelina Bradley
Angelina Bradley
answered on Nov 2, 2018

Yes, you can include her. In a divorce, parentage can be adjudicated. But if you think she's going to contest you on that, it may make sense to file a parentage case under the presumed parentage code.

You should consult with an attorney to determine the best course of action.

Good luck.

1 Answer | Asked in Military Law for Texas on
Q: My gay son was discharged from the army and refuses to tell me what happened. Think I need to hire a lawyer for him?
Angelina Bradley
Angelina Bradley
answered on Nov 2, 2018

What would you want to hire the attorney for? In the discharge process, your son should have been notified he had the right to consult with an attorney, and, if the discharge characterization was Other Than Honorable or he’d been serving more than 6 years, he would have been offered a hearing and... Read more »

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for California on
Q: I filed DV tro including my son will that return him to me from his father when sheriff serve? Includes custody.

Married before his birth and the 1st dv was just on me, obtained a tro the 2nd one I didn't press charges the pd did and included an epo for me and my son (Modesto, CA)

Angelina Bradley
Angelina Bradley
answered on Oct 31, 2018

If your son is a protected party and the order includes that custody is with you, then you can use the order to contact law enforcement to help you retrieve your son once the order is served.

I'm sorry you're going through this. Good luck.

2 Answers | Asked in Divorce for California on
Q: I was married in Az for 3 mon. I left the marriage 3wks ago. Due to DV can I file for divorce in California?

Im afraid to go back to Az. Is there any possible way to file here in California?

Angelina Bradley
Angelina Bradley
answered on Oct 31, 2018

Yes. Once you've lived in California for six months and in the county you wish to file for three months, you can file for divorce.

In the meantime, you can file for a domestic violence restraining order now if you need protection or support orders. My recommendation would be to reach...
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1 Answer | Asked in Divorce and Family Law for California on
Q: What are my rights in this divorce?

My husband has recently filed for a divorce. We are from Iraq but we obtain US Citizenship. We got married in Jordan back in 2005 and settled on a prenuptial agreement but since we are living in the US he is trying to divorce me American style which pretty much means I lose my prenuptial assets... Read more »

Angelina Bradley
Angelina Bradley
answered on Oct 29, 2018

Odds are high that you're international prenup does not meet the requirements of Family Code 1615.

I cannot speak to whether getting a divorce back in Iraq or Jordan would afford you more rights. I can only say that California is a community property state, meaning you each hold equal...
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2 Answers | Asked in Child Custody for California on
Q: I had 50/50 custody. My ex husband agreed to let me move out of town(2 hours away) and take our child with me.

We never changed custody agreement. He does not pay child support. Now he is taking my child out of school early and has cause a truancy letter to be sent. When I asked him to stop he said either I let him or he will take our child back. Does he have any legal grounds to do this after it’s been a... Read more »

Angelina Bradley
Angelina Bradley
answered on Oct 23, 2018

The court order is the only thing that can be enforced by law enforcement and the courts. So, if it hasn't been changed, then yes, it is possible that he could Request an Order from the court for enforcement and have it granted.

Your best move is to file the move-away request along...
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1 Answer | Asked in Military Law for California on
Q: Can I get out of the Navy Reserves if I need to help out family more

Dear Justia, I've been wanting to join the Navy Reserve and I spoke with a Navy Recruiter. Initially, I thought it was a 3 year contract, but learned it's a 6 year contract in the Reserve. I work part-time in construction, and also help part-time with my family. Several years ago, I... Read more »

Angelina Bradley
Angelina Bradley
answered on Oct 23, 2018

Hello. Yes, you can ask for a hardship separation from the Naval Reserve. Depending on where you are in your contract, you can also request to be transferred to the IRR so your drilling requirement would be eliminated -- you'd just have an annual check-in (and you'd still be subject to... Read more »

1 Answer | Asked in Education Law, Juvenile Law and Sexual Harassment for California on
Q: Need a lawyer regarding my 7 year old daughters school for incidents that have taken place. Wanting to know what to do.

My daughter was choked twice and sexually harassed by a student in her class, 1st grade. I met with the district once and nothing was resolved. I have been keeping my child home because I am so concerned with her safety at that school. The school can not tell me when that boy will be back at... Read more »

Angelina Bradley
Angelina Bradley
answered on Oct 20, 2018

You need an attorney who specializes in Title IX work. Your daughter has certain rights that can be enforced through the Title IX process.

Do a search for “Title IX attorney San Francisco” and that should be a good place to start.

I’m sorry this is happening to you daughter. Good luck.

1 Answer | Asked in Divorce for California on
Q: us my lawyer working for my family’s best interest? Or time to fire and hire new?

My flare rate fee attourney seems more of a “go between” with emails from my husband’s lawyer and I. And my representation offers little or no advise, direction, information or hope towards a best case outcome. We (my children and I) have very little money to even survive on at this time.... Read more »

Angelina Bradley
Angelina Bradley
answered on Oct 20, 2018

As a general rule, attorneys are conservative about nosing in on another attorney’s relationship with his client.

That said, I would review your retainer agreement. If you’re in a flare rate agreement, there may be things that you want your attorney to do that he has not contracted to...
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1 Answer | Asked in Divorce for California on
Q: How do I locate and obtain a copy of my deceased father’s divorce decree? I’m the trustee an Executor of his estate
Angelina Bradley
Angelina Bradley
answered on Oct 20, 2018

Go to the court clerk’s office in the county the decree was filed and pay the clerk for a certified copy.

Good luck, and I’m sorry for your loss.

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