It sounds like he put that money in that joint account to prevent you from accessing it. You may need to propound discovery and trace those monies to that account. This is not an easy process, but it would be worth consulting with a local family law attorney to discuss your options, especially if... View More

Your support obligations may be lowered once a judge considers all of the circumstances of the case. Discussing the specifics and taking the right approach is key. Consider consulting with a family law attorney to discuss specific options.

The process is not fast. You could wait for six months or longer. You may want to file a request for order with the court right away to determine child custody and visitation. If there is no agreement on custody after the request for order, you will need to have a trial for the judge to determine... View More

The house is most likely a community house, and you may be eligible for half of the equity. If you get divorced, he could pay for it if there is an agreement. If he is paying it, he may want to keep the house and continue paying it. Doing a thorough analysis will be important to see what exactly... View More

The simple answer to your question is yes if you have a stipulated agreement. If your wife is in agreement, you can still get divorced and obtain the relief you are seeking. If your wife is not in agreement, you still are not far away from obtaining the relief you are seeking.

If you were legally married, a divorce would need to be filed with the court. Visit the court's self-help center for help filing for dissolution of marriage. I've seen cases where people never changed their names, but they still needed a divorce for it to be official.

Go to the court's self-help center for assistance with filing for divorce. You will want to file a request for order for child custody and visitation in order to obtain orders from the court to see the children. There may be a step-up plan that is ordered based on the facts of the case. You... View More

An illegal immigrant can be forced to pay child support and I see it all of the time. Of course there may be issues in collecting child support from the illegal immigrant, but a parent is still responsible. Consider litigating the issue of child custody if you believe it is in the best interest of... View More

The arrears are most likely wiped out and it does not sound like she is requesting arrears based on the statement of facts in the posting. However, it seems like she is making a new request for new child support. If the child is living with her, she will be allowed to ask for child support moving... View More

Out of an abundance of caution, you may want to file a response to avoid a default in case things fall apart. However, you may be able to avoid filing fees if the process goes through a default. Consulting with a family law attorney is the preferred method to make an informed decision. If you think... View More

If the ex parte hearing was in California, your ex husband or his attorney filed a proof of service. It will be interesting to see what the proof of service says since somebody needed to give you notice, usually by phone. It certainly sounds like you did not receive phone notice of the hearing.... View More

Filing a paternity case with the court and obtaining a judgment is the first step. This is a link to the court's website if you have more questions: http://www.courts.ca.gov/1054.htm Go to the California Department of Health and follow their steps to change the name with the court order.... View More

You're probably out of luck if there is no stipulated agreement for reimbursement. Also, if you did not ask for a fee waiver with the court when filing the response, that would have been a good opportunity to do so (if you would have qualified). If you are not seeking support issues with your... View More

You will need to file the declaration of disclosure. Visit the court's self-help center for some assistance if needed.

California law prohibits recording people without their knowledge. However, there could be exceptions with being in a public place and it not being candidly recorded. Consult with a family law attorney and obtain guidance. Restraining orders have a box that is generally checked for the victims that... View More

Consult with some family law attorneys, and select one that you feel comfortable with. The case may require a 730 evaluation. The recommendations from the mediator are persuasive to the court, and a 730 may be what is needed to explore in depth many issues going on. At the end of the day, the judge... View More

You should state the accurate description of the property in your paperwork. The case may need to be argued at a trial in front of the judge. Tell the judge what is community property and what is separate.

There are automatic temporary restraining orders preventing a spouse from spending funds that are not used for the ordinary daily routine. Filing a request for order with the court to prevent a spouse's violation of automatic temporary restraining orders may be necessary. This situation will... View More

The in-laws living with you shouldn't be a factor in a custody battle. The big issue is the break up of the relationship from the mother when the child is born because you will most likely face a step-up child custody plan since you're not in the home with the mother everyday. Research... View More

Nothing is automatic in a child custody case. The court will still consider the best interest of the children when dealing with custody and visitation even if one parent is not in court. The fact that a parent doesn't show up to court is not a good fact for that parent, and the parent in court... View More