Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by James R. Dickinson
2 Answers | Asked in Divorce and Family Law for California on
Q: California Community Property Law and an Unfinished E-Book

I have a question regarding community property laws in California and how they apply to an unfinished e-book I started writing during my marriage. I am not a writer, but I began working on an e-book and have completed writing approximately 30-40% of it. The book is not finished, not published, and... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2025

Is your spouse claiming any interest in the non-income-generating e-book? It would seem that this could be easily addressed as part of your settlement discussions; unless there's reasonable likelihood that the e-book will generate income, my guess is your spouse will gladly agree to assigning... View More

View More Answers

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: If the kids live with me is he still qualified for alimony and child support
James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2025

For child support, it depends primarily on the timeshare and the parties income. See the statewide child support guideline. Spousal support depends on whether the support you're referring to is temporary or permanent/long-term, and even, FC 4320 would need to be applied regarding the latter,... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for California on
Q: During a divorce can the husband ask for a ring back after they gifted it but are still paying it off?

In this instance they gave me the ring for marriage. He is still paying it off and when we ended our relationship he said I can keep it via email. If this was a gift does he have a right to ask for it back? I'm just unsure how it works or how the court would see it. I have the ring still and... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2025

There's an exception that transmutations be "made in writing by an express declaration" for "gift[s] between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is... View More

View More Answers

2 Answers | Asked in Family Law, Bankruptcy and Divorce for California on
Q: Marital settlement agreement I agreed to pay my ex $400 every 2 wks from the spousal support that was being garnished

in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for SP and was able to get his wages garnished. At that point he was willing... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2025

A Marital Settlement Agreement (MSA) in California is a written contract between divorcing spouses that outlines the division of assets, debts, child custody, spousal support, and other terms related to their separation. Once signed by both parties and approved by the court, the MSA becomes part of... View More

View More Answers

2 Answers | Asked in Divorce, Bankruptcy and Family Law for California on
Q: As part of a Marital settlement agreement I agreed to send back half of my ex check every 2 wks from the spousal support

in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for Spousal support and was able to get his wages garnished. At that point he... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2025

A Marital Settlement Agreement (MSA) in California is a legally binding document that outlines the terms and conditions agreed upon by both spouses regarding the division of property, debts, spousal support, child custody, and child support during a divorce or separation. It is typically negotiated... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for California on
Q: who is responsible for the mortgage payment during a divorce?

So family lived in community property for 15 years. I worked and paid the mortgage for the family. She was a stay at home. She inherited a mortgage free $1mil home and then 2 years ago filed for divorce. Separation Date 1/15/23. Divorce has been taking forever and I've agreed to paying... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2025

In California, a post-separation right to reimbursement allows one spouse to request reimbursement for expenses or payments made after the date of separation that benefit the community property. This right ensures that the paying spouse is compensated for contributions made during the separation... View More

View More Answers

2 Answers | Asked in Family Law for California on
Q: I’m going to file my final judgment myself but ex & her lawyer won’t sign the FL-130 needed for it.

Can I still file the final judgment if my ex and her lawyer are refusing to sign the FL130 form that is needed in the final judgment packet? My case is in riverside county California

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

In California, family law judgments are court orders issued after a legal proceeding, typically involving issues such as divorce, child custody, child support, spousal support, property division, or domestic violence. These judgments are legally binding and enforceable, meaning the parties involved... View More

View More Answers

2 Answers | Asked in Family Law and Child Support for California on
Q: What do I need to file/do to correct when the Judge didn’t use the current Dissomaster (after Sep 1, 2024 version)?

Help! What do I need to file or do to have a correction done when the Judge did not use the correct Dissomaster (after Sep. 1, 2024) calculations on a Child Support modification judgment? At the hearing, the Judge was having trouble with computer software and ultimately ended up not updating to... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

In California, child support calculations are primarily based on the state's guideline formula, which takes into account both parents' incomes, the amount of time each parent spends with the child (parenting time or custody arrangement), and other factors such as health insurance, special... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for California on
Q: Who supposed to take care of QDRO and DFAS payment?

My divorce finalized end of September. We hired the mediator. Ex is finally going to take care of transfer retirement funds for TSP, IRA Schwab. In our agreement, it not listed when, how , who is doing for QDRO. The mediatior is going to take care of QDRO with $1000. Is mediatior be able to... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

A Qualified Domestic Relations Order (QDRO) is a legal order used in California divorce cases to divide certain types of retirement benefits, such as pensions or 401(k) accounts, between divorcing spouses. The QDRO allows a portion of the retirement benefits to be awarded to the non-employee spouse... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for California on
Q: Divorce is finalized, EX is not following official agreement by the court. He has been ignoring to take responsible act.

My divorce finalized end of September. EX awarded to me his retirement accounts of Navy TSP and IRA Shwab , also retirement from present job. It will be all my assets. He supposed to do QDRO and transfer money to me. We used a mediator. He has been ignoring all of her mails and phone calls.... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

In California, a contempt motion can be filed when one party fails to comply with a divorce decree or court order, such as failing to pay spousal or child support, not adhering to custody and visitation arrangements, or not following other financial obligations outlined in the decree. The moving... View More

View More Answers

2 Answers | Asked in Family Law, Child Support and Divorce for California on
Q: My husband cheated on me and his lover had a baby and it is 6 months old.

My husband cheated on me and his lover had a baby and it is 6 months old. The lover is in Massachusetts and we are in California. What can we do to prevent this lover from going further? Her goal was clearly money. I want to know if she can be ordered to pay for the emotional distress that I and my... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

California is a no-fault divorce state, meaning that neither party has to prove wrongdoing or fault, such as adultery, to obtain a divorce. Instead, the petitioner simply needs to state that the marriage has irreconcilable differences, meaning that the couple can no longer get along or that the... View More

View More Answers

3 Answers | Asked in Family Law, Civil Rights and Domestic Violence for California on
Q: I am a DV victim, trying to go pro per, but after he stole all my money, abandon me to starve, my printer broke. I'm pen

penniless, can't eat, fix my printer, make copies or buy paper. so how do I exercise my civil rights to utilize our civil court system, to assert and defend myself against a monster. they only waive filing fees. i'm helpless, and he's a disbarred JD with a vengeance out to get me. I... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

In California, a domestic violence restraining order (DVRO) is a legal order issued by the court to protect individuals from abuse or threats of abuse by a person they have a close relationship with, such as a spouse, partner, family member, or cohabitant. To obtain a DVRO, the petitioner must file... View More

View More Answers

3 Answers | Asked in Divorce and Family Law for California on
Q: Can you be legally separated and not know it?

Husband filed for divorce while I was visiting family. I came home and he told me. I haven’t seen the papers

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

In California, legal separation is an option for married couples who do not wish to divorce but want to live apart and address issues such as division of property, child custody, child support, and spousal support. A legal separation allows the couple to formalize their living arrangements without... View More

View More Answers

3 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: Exchange meeting point as agreed on our divorce

How many times can a custodial parent refuse to meet up at the drop of location for exchange before I can file a motion for contempt?

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

In California divorce cases involving child custody and visitation, the exchange location refers to the place where the parents meet to transfer custody of the children, particularly in situations where the parents do not live in the same household. The court may order a specific exchange location... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for California on
Q: CA-is my husbsnd entitled to the equity in my home after the date we officially filed legal separation in court?

He did not contribute to the down payment (full amount still owed) and has never contributed to mortgage payments.

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

More information is needed, such as when the home was acquired [i.e., pre or post date of marriage]. If the home was purchased by one spouse prior to marriage, then, under the Moore-Marsden rule, the increase in value of a separate property asset (such as a home or business) that is due to... View More

View More Answers

2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: I was granted sole legal and physical custody of my daughter after my ex wife was arrested for assaulting her.

Me and my ex are going through a divorce. During the divorce process, she was arrested for child abuse so the court awarded me temporary sole legal and physical custody. She's facing charges of child abuse and taking anger management and parenting classes ordered by court & they put a... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

California Family Code Section 3044 establishes a rebuttable presumption against awarding joint physical or legal custody to a parent who has been found to have committed domestic violence within the previous five years. If there is evidence of domestic violence, the court will presume that joint... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for California on
Q: I was awarded sole legal and physical custody of my daughter after mother was arrested for assaulting the child.

Me and my ex are going through a divorce. During the divorce process, she was arrested for child abuse so the court awarded me temporary sole legal and physical custody. She's facing charges of child abuse and taking anger management and parenting classes ordered by court & they put a... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

California Family Code Section 3044 establishes a rebuttable presumption against awarding joint physical or legal custody to a parent who has been found to have committed domestic violence within the previous five years. If there is evidence of domestic violence, the court will presume that joint... View More

View More Answers

2 Answers | Asked in Divorce, Domestic Violence and Family Law for California on
Q: I have a restraining order and my pets are included. In the divorce, he is asking for vet bills to be paid for his.

Will that hold in court. My animals are the only animals included in the protection order.

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

In California, pets can be included in a domestic violence restraining order (DVRO) if there is evidence that the pet is at risk of harm due to domestic violence or if the pet is an essential part of the victim's safety or emotional well-being. Under Family Code Section 6320, a court may grant... View More

View More Answers

3 Answers | Asked in Family Law, Divorce and Child Custody for California on
Q: How to Withdraw an Ex Parte Hearing for Custody Visitation Schedule

I filed ex parte for custody visitation schedule urgently and the judge denied but scheduled for the hearing 1 month later. However, I want to withdraw the ex parte hearing. Is there a specific FL-Form I need to submit, or can I create my own document for this purpose instead of calling the... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

In California divorce cases, an ex parte application is a request made to the court for immediate relief without the need for a formal hearing or notice to the other party, typically in emergency situations where urgent action is needed. Common examples of ex parte applications in divorce cases... View More

View More Answers

2 Answers | Asked in Intellectual Property and Copyright for California on
Q: Can a foreign firm sue for copyright infringement on Youtube platform in California?

Currently we are having an infringer who upload our content without approval. We have copyright claim them and they counter it. Now youtube request us to have proof of legal action against them. I was wondering if we can sue them under 17 U.S.C. § 501 Copyright Infringement if in California state... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, a foreign firm can sue for copyright infringement on the YouTube platform in California. California has a large number of tech and entertainment companies, including YouTube, which makes it a common jurisdiction for copyright infringement lawsuits related to online content. [I litigate cases.... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.