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Questions Answered by Stephen Peter Anderson
1 Answer | Asked in Child Support for California on
Q: Can I still get an increase in child support ?

I have a 9 year old daughter.

Her dad hasn't been in her life. I have an open child support case in California.

He has another child am I still able to get an increase since my daughter is getting bigger?

Stephen Peter Anderson
Stephen Peter Anderson
answered on Apr 1, 2020

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... View More

2 Answers | Asked in Child Support and Family Law for California on
Q: Hi there, I have a 3 year old daughter and trying to do a DNA test on her father and get child support .

How can I got about starting the process in finding him even if he blocked me from social media. He knows of her as well, I tried even reach out through his girlfriend,but no luck.

Stephen Peter Anderson
Stephen Peter Anderson
answered on Apr 1, 2020

Go to the Department of Child Support Services. They will assist you at no cost.

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1 Answer | Asked in Family Law, Child Custody and Probate for California on
Q: Is a guardianship of my son valid if I (biological mother) was never notified of a court hearing? Tricked by CPS!!!

Bullied by cps to sign temp guardianship to my ex mother in law over DV where I'm the victim. Permanent ruling without my knowledge and NO VISITATION. I was a damn good mother, but CPS refused to speak to me or even look at documented proof on my behalf. No drug test given and not abusive to... View More

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 30, 2020

see the local probate court facilitator

1 Answer | Asked in Divorce for California on
Q: House belonged to my my wife before marriage, her asset. But what about the increase in value? Is it community property?

I paid half of the bills while I lived in her house. We were married for just under a year and a half. No prenup.

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 30, 2020

There are two cases, usually stated together as MOORE/MARSDEN. That decision sets for the authority for permitting a party to have an interest in a separate property home that received payments during marriage with community funds. You can look up this information, but it is best to get the advice... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for California on
Q: Can an attorney without the approval of all parties change the terms of a signed mediated marital settlement agreement

After the mediated marital settlement agreement (MSA) was signed by all parties (enforceable pursuant to CCP 664.6) Without the approval of all parties Respondent's lawyer changed the terms of the original signed MSA, then presented the modified MSA as the original. In court Respondent counsel... View More

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 30, 2020

Probably, but it depends on the circumstances. Were there two attorneys? Was there any communication between them as to the change, either by phone or in writing? It looks like the problem got resolved by the court throwing both out and placing the parties in a pre-agreement situation. Best... View More

2 Answers | Asked in Divorce for California on
Q: Married but separated over 10 yrs can I get a dissolution what's best way for me to go

We have no kids or property together

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 27, 2020

You'll need to file a Petition and summons, and have it served on your spouse. You'll still need to wait 6 months after the date of service to request a Judgment of Dissolution. You will need to comply with all disclosure requirements, as well. Best advise, get a paperback book on how to... View More

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2 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: I had a DV case that I pleaded down to simple battery and was wondering what the judge will do?

More for alimony and child support. she makes a little bit more than I do and we split the kids her about 65% and me 35%. Married for 5 years but the DV case is my biggest worry. I make 16/hr she makes 17/hr we both work about the same amount of hours per week.

Thank you. Here is more... View More

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 25, 2020

That depends on what case you are talking about. The battery will get you a 52 week batterer's treatment program and probation (plus other orders, such as a criminal protective order-be sure to request an exception for peaceful contact for exchange of children per a family court order)... View More

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1 Answer | Asked in Family Law for California on
Q: Family Law: What can I file with the court to ask for an extension to answers to the FL-145 because of the Covid 19

Hello, we are in the process of a divorce. We have been in mediation but recently my spouse retained an attorney who does not appear to want her to continue mediation. I own an insurance agency and she is a teacher. My question is this:

I received a FL-145 with a very detailed list to... View More

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 25, 2020

Most attorneys will grant an extension when presented with a polite letter requesting one. If your documents are many, or complicated, retaining an attorney seems necessary. Most attorneys right now, because of court closures, are working out of their offices, closed to the public and clients... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What can I do???

About 4 years ago she abandoned our home left with other man.the kids stayed with me.few months after she left I got a restraining order cause she came and broke my front window of house In front of kids.i filed for child support like 2 years after she left and I've received about maybe $1000... View More

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 3, 2020

You have a lot of serious issues that shouldn't be simply addressed in a quick email. Please make an appointment to see an attorney, or set one with a family law facilitator in your local county at the court.

1 Answer | Asked in Child Support for California on
Q: I have a 20 year old son. Can his mother file for child support now? Or is he to old?
Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 3, 2020

Child support is generally available until a child is 19, if enrolled in high school full-time. If the child has special needs, or is disabled, support could be available for life.

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: what happens if you Move/Runaway at 17?

My friend is 17 and I am 22. She is unhappy living with her mom and they always argue. She wants to move in with me but she doesn’t think her mom will let her. If she just moves she thinks her mom will call the cops on her for running away. What can they do? Will I get in trouble if she lives... View More

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 3, 2020

You should be very careful when dealing with a minor. The courts have resources to deal with counseling issues and other avenues to repair child parent relationships. You could call your local Child Welfare Services office and arrange a meeting by the minor and a social worker. Have the minor... View More

1 Answer | Asked in Divorce and Military Law for California on
Q: I filed for divorce in orange county, CA but my husband is military and didnt respond. Hes not deployed.

I filed and served him back in November. But because he is military, I am unable to get it sent to default, and I'm not sure what the next steps are to get it finished

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 3, 2020

The Court can be asked to appoint an attorney to represent him under the Soldiers and Sailors Act. That attorney will ensure his rights are protected and so you can proceed with getting all your issues resolved. That he is not deployed is a good thing, as he will be available to testify in case a... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: Hello, I wanted to know if Intend to get custody of a sibling, does it have to been done through courts?

This is not a custody battle. My mom (in California) is of older age and she wants me to take my brother to live with me In Colorado so it can be easier on her. We both are in agreement. However, for purposes such as school enrollment and health care, does this have to be done through courts or can... View More

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 3, 2020

An agreement or authorization is ok for short vacations, but for longer living situations, a Guardianship is better.

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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: I wanted to know if I can pursue a restraining order on a family member that had posed threats to physically hurt my son
Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 3, 2020

Yes, if your son is a minor. If not, he will have to file himself, or through an attorney.

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