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3 Answers | Asked in Divorce and Family Law for California on
Q: Divorce in California, Community Property Law, and a license that is required to do a job

We are going to divorce in California, and I am considering starting a new job now that requires getting a contracting and selling license from CSLB. Is holding a license considered a type of property kind of owning a business that may arise an issue under California Community Property law? Should... View More

Robert P. Taylor
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answered on Mar 20, 2024

The license by itself has no value. You can't sell it to someone else for a certain amount of money, so there's nothing to split with the other party. Now if you were to start your own business, and that business became valuable, or acquired other assets that could be sold, that would... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: Can NC parent be held in contempt if only making part of CS payments that were ordered in CA

Ex spouse was ordered to pay $3,122 a month in CS and $2,607 a month in SS with a 3 month acceleration clause on arrears.

This year I was only given $12,000 total in small amounts periodically, often going 1 or 2 months with nothing. Ex seems to think that as long as he makes any payment no... View More

Robert P. Taylor
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answered on Feb 9, 2024

Generally, for a parent to be found in contempt for failing to pay child or spousal support, the court must find that the parent had the ability to do so and willfully didn't. Contempt is what we call a quasi criminal proceeding that requires proof of intent. If someone is ordered to pay... View More

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2 Answers | Asked in Car Accidents for California on
Q: Can I use the other party insurance to pay for uninsured driver if the fault was my son's and he is not covered

My son had an accident in my vehicle, it was his fault, and he is excluded from my policy, my auto insurance refused to take liability for the accident. Can I use the other party insurance to pay for my damages since my son was uninsured?

Robert P. Taylor
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answered on Feb 6, 2024

If I understand your question correctly, the answer is no. You can't make the other parties insurance pay for damage to your car if they were caused by your son, who was driving your car and excluded under your policy. The other parties uninsured motorist, which they pay for out of their... View More

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: Hello! I wanted to get advice on my current situation. I have filed divorce from my husband and i am just waiting

For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More

Robert P. Taylor
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answered on Jan 30, 2024

First, the soonest your divorce can be final is 6 months from the date your husband was served. Meaning that if he was served recently, the courts 6 months time frame for finalizing your divorce really is not significant. If that's not the case, and the court clerk is telling you it's... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: my husband and i filed for divorce together and requested no spousal support nor retirement exchange i make more money.

we are selling our marital home and spitting it 50/50 I'm also giving him a additional 10,000. everything is noted signed and initialed in our MSA and divorce paperwork. will the judge kick it back and still make me give him spousal and my retirement (Solano county California) even though... View More

Robert P. Taylor
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answered on Jan 22, 2024

You are adults free to split your marital estate as you wish. It does not have to be 50/50. However, you need to make sure your MSA is drafted right. You need to make sure the pension plan or retirement accounts are listed with specificity, otherwise you may have trouble with your pension plan or... View More

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3 Answers | Asked in Bankruptcy, Criminal Law and Constitutional Law for California on
Q: After a warrant is issued, is there a time window where they are supposed to get you in front of a judge.

I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me

Robert P. Taylor
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answered on Jan 22, 2024

Since your question is under the bankruptcy category I'm going to assume you got a warrant for failing to appear ready judgment debtor exam. If that's the case they generally don't come get you. But the warrant remains outstanding and if you ever get pulled over for a ticket,... View More

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2 Answers | Asked in Estate Planning for Michigan on
Q: I want to get a trust.My son is behind on child support, if I have my sister be the executor can child support take it

The mother is a drug addict and she would blow anything she got on herself.

Robert P. Taylor
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answered on Jan 22, 2024

In general, child support can reach anything your son is entitled to. If I understand what you're trying to accomplish, what you need is to set up some sort of trust where your sister has discretion as to when and how much she gives your son. You'll need a good estate planning lawyer to... View More

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3 Answers | Asked in Car Accidents for California on
Q: Was in an accident, lady said to say my mom was who hit them so insurance doesn’t go up but now she is trying to sue.

Just a minor accident, I am unsure on what to do.

Robert P. Taylor
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answered on Jan 22, 2024

Did you have insurance? If so, you need to contact your insurance company and provide them with a copy of the complaint or whatever paperwork you received. They have a duty to defend you and you have a duty to keep them informed and up to date.

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2 Answers | Asked in Divorce and Family Law for California on
Q: My divorce was just finalized and it’s been decreed that my ex will take half of the debt.

The debt is all in my name, how do I transfer it to him?

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answered on Jan 14, 2024

You can't really transfer it to him. He needs to pay it and if he doesn't pay it according to the terms of your settlement agreement or judgment, then you have to take him back to court for contempt. You are still responsible to the creditors if he doesn't pay it. I'm primarily... View More

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4 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Homestead laws and tax liens, can tax lien be done on homestead home/property?

Can bankruptcy remove liens and protect my home/property

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answered on Jan 11, 2024

Generally, you can remove a judgment lien in bankruptcy if it impairs your homestead exemption. Unless the lien results from a judgment, It generally can't be avoided in bankruptcy. For example, liens resulting from loans, tax liens, mechanics liens and other similar liens attached to the... View More

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1 Answer | Asked in Divorce, Family Law, Child Support and Civil Rights for California on
Q: Why am I being charged 10 years of child arrears, if my ex husband in court was charged with parental-child abduction?

I went to court , got a divorce. Child support decided not to attend. After looking over my paperwork prior to court. The judge was shocked, beings we had 4 children. My ex hid 3 of my children from his family, my family etc He was charged with Parental-child abduction in Oregon. Yet, I am paying... View More

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answered on Jan 6, 2024

Generally, once there is an order for child support, there is an order for child support and it stands until it's modified. It sounds like there was an original order against you and you never specifically filed a motion to terminate or lower child support. Absent that, the child support... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: Query Regarding Property and Debt Settlement in Marital Separation

I am currently in the process of separating from my husband and seeking guidance on a few legal matters related to property and debt.

1. Inherited Property and Mortgage Contribution: My husband inherited a home, into which he invested some funds before we jointly financed the mortgage. In... View More

Robert P. Taylor
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answered on Dec 30, 2023

You need to consult with a divorce attorney ASAP. My specialty is bankruptcy but I used to do a lot of family law years ago. First, if your husband inherited real estate, property inherited is generally their separate property. To the extent community funds went to pay down a mortgage on the... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My spouse didn't respond within 30 days of receiving the divorce papers. Can my spouse still respond?

My spouse didn't respond within 30 days after receiving the divorce papers. I'm going to file a default. But it seems like it's taking a few weeks for the default documents to be filed, can my spouse still respond in the meantime?

Robert P. Taylor
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answered on Dec 25, 2023

Once your notice of default is filed with the court, then your spouse cannot file an answer. Not sure what you mean about taking a while to prepare the paperwork. I could prepare a notice and default and file it with the court in about 10 minutes. At any rate, until that notice of default is filed,... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My kid was injured in a rental car as the seat belts failed due to them not working. They only want to pay the ER bill.

After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More

Robert P. Taylor
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answered on Sep 27, 2023

There's no rush to settle this case because your child can sue until they're 18. So if there's a chance they may have suffered some permanent injury, you don't want to settle the case before that's discovered. Chances are they're fine and that's the most important... View More

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I filed for divorce; will the court handle all proceedings automatically?

I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:

(1) Will the court automatically schedule hearings for... View More

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answered on Sep 27, 2023

The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with... View More

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2 Answers | Asked in Probate for California on
Q: My dad owned a business (s-corp) with my mom as "joint tenants." He passed. Do his shares require probate?
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answered on Sep 20, 2023

If you own something in "joint tenancy," that generally means that if one joint tenant dies, the other(s) automatically get the decedent's interest. In a case like this, you would expect the company's stock certificates to be issued to your parents as "joint tenants."... View More

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4 Answers | Asked in Bankruptcy for California on
Q: I am a low income senior who wants to file a no asset chapter 7 bankruptcy in San Diego,CA

I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?

Robert P. Taylor
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answered on Sep 20, 2023

You might try the Legal Aid Society of San Diego, "https://www.lassd.org." That said, you should probably consult a couple local attorneys first. Most offer a free consultation and most will work out some sort of payment plan. Chances are that if you can't afford an attorney, you... View More

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Do I get more rights to my house, is it legally right for my siblings to sell the home I grew up in?

My father passed last year without a will, my half siblings (his first marriage) want to sell his property, the home I grew up in with him and my mother. My mom took out a loan and purchased our home years ago but she is now also deceased. Both her and my dads names are on the deed to the house. CA... View More

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answered on Aug 25, 2023

Did your Mom have a will? How is title on the house held? Can't really answer without knowing these things first. I suggest seeking a consultation with an attorney. If title passed to your father when your mom passed, and your father later passed without a will, trust, spouse or transfer... View More

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: should a lawyer represent driver and passenger if only the passenger sustained injuries
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answered on Aug 23, 2023

Usually a lawyer shouldn't represent both driver and passenger because there's a possibility, or at least an argument might be made, that the driver is at fault or at least partially at fault. Obviously it's a conflict of interest if the lawyer represents the driver, well at the same... View More

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4 Answers | Asked in Bankruptcy, Consumer Law and Contracts for California on
Q: Is there anyway I can keep my car?

I'm on SSDI, and having trouble paying my car payments (I got the car when I was still working).

I'm disabled and reley on my car for everything! Every/many reasons!

Robert P. Taylor
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answered on Aug 14, 2023

You can file bankruptcy and possibley keep the car, but you'll still have to pay for it. If you have other debts, filing a Chapter 7 bankruptcy may allow you to wipe them out, freeing more resources to make your car payment. Also, in a Chapter 7, you may be able to "redeem" your... View More

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