Support is generally calculated using the gross incomes of the parties, and the visitation percentage. Other deductions from health insurance, union dues, mandatory retirement, etc. are also inputted. Expenses of the parties are not considered. Spousal support, temporarily (before final judgment)...Read more »
my mother in law who has taken my daughter by a bunch of lies, before she was granted emergency guardianship she spoke with my husband who was in jail at the time telling him if he called cps on me she would bail him out of jail. i dont know how easy it would be to get the phone conversation from... Read more »
the petitioner of the guardianship signed the proof of service saying she served me not only that but she sent it to an address she knew i had been moved out of for 2 months prior. Can i file a motion to set aside without making the judge upset. it clearly states on the proof of service THE... Read more »
You are always entitled to challenge service. This is done by filing a Motion to Quash. Ultimately, however, you will likely be served and requires to file a response or objection. The service isn't your fight. The issue is the Guardianship and opposing it properly and through a full hearing....Read more »
We have a court order for custody and visitation. I have full custody. Dad gets 3 visitation days. We have to communicate over the talking parents site. Dad doesn't communicate well. Especially questions i have about precautions due to the pandemic with our son going back and forth, where he... Read more »
Suggest you both attend and complete the online COPE class. Be polite and discuss you will be in each other's live's FOREVER with your child, so you might as well learn to get along. Follow the Court's orders precisely. Body cam is a bad idea. Bringing someone to the exchange is also...Read more »
Contact the clerks office. If in writing, send them a small check, and a self addressed stamped envelope. Be specific as to the date of the minute order. I am assuming it is your case, as they are confidential.
Technically, there is no minimum or maximum. In a short term marriage, that would be less than ten years, it is customary that support not exceed 1/2 the term of marriage. Support is very dependent on the income streams of both parties. Support is not automatic, and must be requested, or agreed...Read more »
California location. I don't find the words, "Notice of Entry Judgment" in any wording in the list of documents, in the documents I can find online. Even if it wasn't "mailed". What is my status? As you know, the courts are not open for viewing of files, and my divorce... Read more »
It is a separate document. You may need to call or write to the court and request a copy of it. When the court's re-open, you could request one in person. You can still use the judge signed document for all purposes to say show you are divorced, but complete the package as soon as you can.
i Enrolled them into school for 3 years and my father was watching them and I was paying for their child care alone. She moved a few times during this and won’t let me have kids percentage wise more than 40% she says she can’t afford cost of living and needs more money. She just moved again to... Read more »
You will need to file documents in court setting forth your position and your requests. Please consult with an attorney. The courts are currently closed, so you won't get access to the court's free attorney, a family law facilitator.
Sadly, this is done many times. You will need to consult with an attorney. You will need to file a detailed response to the documents she filled. You will first need to consult with your criminal attorney if you have one to be sure your don't waive your right against self incrimination.
A restraining order for Domestic Violence. The temp order was granted , but the debt payment I requested for my tax return the judge says to wait til the hearing. Husband wants to give the money over now. Can I get in trouble for taking money against judges wishes?
You should not do anything to invite a violation of the RO, nor should the restrained party violate by making contact with you, even to "pay early". If attorneys are involved, they can faciliate the payment , but otherwise, its best to follow court orders.
Your request is too vague to enable a response. However, with any domestic violence issue, you should obtain the advice of an attorney, even through a short, free, consultation, to enable you to take steps to protect yourself. The Courts have a family law facilitator (attorney) who, at no cost, can...Read more »
They will go through my texts, photos, and social media just because they bought me the phone, they no longer pay for the phone just the data, and I feel like I don't have any privacy when it comes to my life.
No, if you secure a phone you pay for and have a password with, you should be able to maintain your privacy. In addition, you need to realize that, at 18, unless you have a disability that prevents you from living independently, your parents obligation to support you (food, lodging, medical care,...Read more »
I had HORRIBLE legal council who advised me wrong and I was screwed out of half of my money from the purchase of the house I shared with my boyfriend of 11 years. He took care of my girls and I almost 100% for 8 years. Is palamony something I can go after?
Palimony is a term people use for rights a person may have while in a non-marital relationship and have issues related to their ability to request support. The Court, in the Marvin case confirmed that such relationships do not entitle a person to receive spousal support, but that they still retain...Read more »
Drop him off for visiting court order doesnt give date for end of visiting but I'm still paying child support our arrangement on court order was to meet half way and now he says because my sons 18 he no longer will take him half way if I want to see him I have to pick him up but yet hes still... Read more »
My ex wife and I got divorced June 2017 and had an agreement laid out that basically stated we would discuss and make arrangements and set a schedule when I would see my son. Over the course of the last 3 years I’ve have been through 2 alcohol rehab programs so that I could better and change my... Read more »
File a Request for Order with the court. Attach your declaration stating what you've done and what you want. It is best to hire an attorney to do this for you, but a family law facilitator (an attorney) is available at the court house to assist those without funds.
My brother is going through a CPS case with his girlfriend. She hasn't been home with the kids for about 4 months and just recently returned home and urged the CPS worker to take her side and now wants custody of the kids while my brother has been caring for the kids. Can she still have... Read more »
CPS does not have the authority to make orders. They can request the Juvenile Court issue orders and they can ask the parties to agree in writing to a safety plan. They try to keep children safe and often come up with safe ways to do so. You can always turn to the family law court and seek...Read more »
potential inability to possess firearms, restricted freedom to go certain places, ease of being arrested on a simple referral to law enforcement, potential employment problems if required to access certain federal, state, county facilities. However, the requirement to obtain a renewal is minimal....Read more »
If your legal separation resulted in a Judgment, resolving ALL issues related to assets and debts (including property, debts, investments, businesses, pensions, reimbursements, etc.) what would be left is a Judgment of Dissolution of the Marriage. You will need to file and serve an Amended...Read more »
Thanks for the opportunity. Child support is based upon the gross incomes of each party and the visitation percentage shared by the non-custodial parent. There are certain entries, as well--new children from other relationships, tax filing status, etc. Support does not change based on the age of a...Read more »
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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.