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Questions Answered by Linda Calderon Garrett

1 Answer | Asked in Divorce for California on

Q: I filed divorce papers about 10 years ago, then never did anything after that-can I use those same papers today?

Linda Calderon Garrett answered on Apr 26, 2012

If you filed 10 years ago, probably not--assuming, of course, that you did as you say, "never did anything after that." Usually, the court's close cases that become stale, such as yours.

I recommend you speak with an attorney before filing your paperwork as there are new issues that need...
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1 Answer | Asked in Divorce for California on

Q: If i have already signed a settlement for my divorce is it possible to reopen it for review & changes?

Linda Calderon Garrett answered on Apr 26, 2012

First and foremost, what does the settlement say? That is the starting point; second, how much time has elapsed?, third, were you represented by legal counsel at the time of settlemenet? The reason I am asking questions, instead of answering them is because there are many factors to be considered.... Read more »

1 Answer | Asked in Divorce for California on

Q: Hi I want to change my last name back after divorce ..What form or forms do I need and general cost to file? thanks !!

Linda Calderon Garrett answered on Apr 26, 2012

Depending on how long ago the divorce was finalized, there is a remote change that someone can go back to family court to request the name change. For example, did the original Petition or Answer check the box for a request for name change? If so, then this issue has not been resolved. That would... Read more »

1 Answer | Asked in Family Law for California on

Q: A friend wants me to look after his two minor children for several months in California while he works in New Jersey.

He wants me to homeschool them with my other children. Is this legal?

Linda Calderon Garrett answered on Apr 26, 2012

A good book for your friend to purchase is Nolo's "Temporary Guardianship for Care of a Minor. (http://www.nolo.com/products/temporary-guardianship-for-care-of-minor-pr....) It addresses issues exactly like the ones listed on your question, vis-a-vis, taking care of your friend's minor children for... Read more »

1 Answer | Asked in Family Law for California on

Q: What does stipulation for judgement regarding parental obligations and judgement mean?

Linda Calderon Garrett answered on Apr 26, 2012

There are "judgments" and "stipulated judgements". A stipulated judment means that the parties, not the court, resolved the issue. The "judgment" part of the phrase, in basic terms, means that the Court approved the agreement you reached with the other parent. When put together, the phrase, as... Read more »

1 Answer | Asked in Family Law for California on

Q: If I have custody of my child and father dies, we cannot find will, why do I have to file for guardianship for her?

Linda Calderon Garrett answered on Apr 26, 2012

Noticed this question has not been answered, so thought I would respond if the question is still relevant. First, not sure why you feel you need to file for guardianship of your daughter. Sounds like there might be a few issues going on that you are not identifying in this question. For example,... Read more »

1 Answer | Asked in Family Law for California on

Q: How do I write an objection to an interrogatory in California Family court

Linda Calderon Garrett answered on Apr 26, 2012

You are asking a loaded question because there are many procedural issues and substantive issues related to discovery. First, and foremost, an objection must be made timely. Timely means 30 days from when the documents were "served." The term "served" is a legal term that means the day the clock... Read more »

1 Answer | Asked in Family Law for California on

Q: Under FAM 024(b) section 304 Orders for child care costs - do I have to pay half even if I am not needing child care?

My ex husband needs child care for his weeks when he has our son however I do not need childcare for the weeks when I have our son (we have 50/50), I continued paying it for the remainder of this school year however I no longer wish to pay for something I do not use. am I legally responsible to pay... Read more »

Linda Calderon Garrett answered on Apr 26, 2012

First, start with what the current court order says. If there is no court order, then there is no legal duty for someone in your shoes to pay 50%; however, if there is a court order, then there is a legal duty to pay 50%--it cannot be changed unless there is a new court order to replace the terms.... Read more »

1 Answer | Asked in Family Law for California on

Q: How do i get guardianship of my grandson when parents are not caring for him properly ie drugs and non attentive

Linda Calderon Garrett answered on Apr 26, 2012

To start, you would file a petition with the court, requesting guardianship of your grandson. There are books you can buy such as the "Guardianship Book for California" (http://www.nolo.com/products/the-guardianship-book-for-california-gb.htm....

I also suggest you speak to an attorney in...
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2 Answers | Asked in Estate Planning for California on

Q: As a conservator for my mom, can I pay off her mortgage and then have her pay me back with an interest only arrangement?

My mom has few assets and lots of debt. she is willingly allowing me to become her conservator. Our plan is to pay off her mortgage, but she still retains equity in the home. she would just pay us a modest interest on the loan. Would it be better to do this prior to establishing a... Read more »

Linda Calderon Garrett answered on Apr 26, 2012

Your facts are minimal, but I will do my best to provide a general response to this question. First, a conservatorship would be established based on need, not desire by the elderly parenet. The underlying purpose of a conservatorship is to have the appointed individual steps into the shoes of the... Read more »

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