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I have an open case with Department of Child Support Services, but I do not have a visitation agreement in place. The mother currently has physical custody of our child. I want to establish a custody order because the mother is withholding our child for personal reasons. Should I file form FL-260... View More 
answered on May 12, 2025
If you do not have any existing/open case related to custody you need to file an initial petition. That can be a Petition under FL260, or a Petition to Establish Parental Relationship (aka paternity or parentage) - FL200. The Petition opens your case and you are assigned a case number. You can... View More
As a stay-at-home mother, I did not work outside the home, and my husband controlled all financial aspects of our marriage. I'm in the process of filing for divorce, and I'm unsure how my lack of employment might affect the financial arrangements, especially regarding spousal support and... View More
answered on May 9, 2025
It will influence your entitlement (duration and amount) to spousal support. If there are minor children involved, it may also impact child support and may even influence what type of parenting plan (aka custody) arrangement you can ask for. To maximize what you are entitled to, I strongly... View More
I am a California resident seeking an annulment based on fraud, misrepresentation, and bigamy. My spouse and I married in Las Vegas, and I am currently filing for an annulment in Nevada without a Nevada residency requirement. A default is filed, and I'm waiting for court approval without a... View More
answered on May 8, 2025
You already have an open case in Nevada with a default pending. Why would you file another case in California? Why would you file for divorce when you believe your marriage is void and thus filed for nullity in Nevada? Your marriage was either valid or it was not. If your spouse was married to... View More
I have a final divorce judgment that requires property separation through a QDRO, specifically a cash payment from a 401(k) by a specific date. That date has now passed without payment. I have not yet contacted the 401(k) plan administrator. We hired a QDRO specialist to handle the filing. There... View More
answered on May 6, 2025
I'm not sure I understand the problem. Did you get a QDRO? Was that QDRO filed with the court? Was that QDRO then served on the plan administrator? If yes, to all these questions, and you have not yet received what you are due, you need to take that up with the plan administrator. If you... View More
I'm currently going through a divorce in California, which follows community property laws. My injury occurred while we were still together, but the workers' compensation settlement for my injuries and future medical needs was finalized after we separated. Can my wife legally claim half... View More
answered on May 6, 2025
In California (where this post was seen) workers' compensation benefits are generally considered community property to the extent they compensate for lost wages or income during the marriage. However, if a portion of the settlement is intended for future income loss, disability, or medical... View More
I need to file an FL-150 for my child custody case. My 2-year-old daughter, who is disabled, receives SSI. I am currently not working, as I stay home to care for her. My husband, who is not my daughter's father, works. I am filing a regular income and expense declaration and want to know... View More
answered on Apr 30, 2025
You include that "income" on the FL150. You have to disclose it. When a minor child receives Supplemental Security Income (SSI), some of the child's income and resources can be "deemed" available to their parents, affecting the parents' own income and benefit... View More
I have been married for 6 years, and we have no properties or children. I am retired and my spouse has been supporting me financially during our marriage. We have not discussed alimony yet, but I believe I deserve alimony for 3 years and I am seeking legal advice on how to proceed.
answered on Apr 23, 2025
Not sure what you mean by "how to proceed". If you want alimony, click the box for "spousal support" on your Petition (or Response), then concurrently with filing your Petition (or Response), file a Request for Order to get temporary spousal support orders in place while your... View More
What forms need to be filed for initiating a custody case when there is no existing custody case, divorce, or immediate concerns involved?
answered on Apr 15, 2025
It depends. Are you married to the other parent? If not, you initiate a "parentage" action or a Petition for Custody. If you are married and you want custody orders, why not file for divorce or legal separation. In any case, the steps to take are listed on the court's website at... View More
I have been married for about 30 years, and during the marriage, I bought a home using individually named funds. My name is the only one on the home, and my husband has contributed financially to it. We have not made any legal agreements regarding property division during our marriage. If my... View More
answered on Apr 10, 2025
Property purchased DURING the marriage (i.e. at any time between date of marriage and date of separation) is community property. It's not about whose name is on title, or who earned the money used to purchase the property (make the down payment). It's about the source of those funds.... View More
I am seeking to lower or potentially terminate alimony payments to my ex-wife in California. Our divorce was finalized in 2018 after 19 years of marriage, and the agreement included her obligation to become financially independent. Since 2020, I've started a business that has had losses the... View More
answered on Apr 7, 2025
Support is based on the income during the marriage and the lifestyle to which the parties became accustomed during the marriage. Every year post judgment, you have the right to ask her for updated income information via Income and Expense Declaration and a copy of her latest tax return. If you... View More
My husband voluntarily signed over his parental rights for my stepson four years ago, without fully understanding the consequences, due to manipulation from his ex-girlfriend. This was done merely with a notary involved and no legal representation. We attempted to appeal the decision shortly after,... View More
answered on Apr 2, 2025
This is abundantly unclear. By what legal process did he "voluntarily sign over his parental rights?" Appeal what decision? There are very few legal circumstances by which someone can relinquish their parental rights. One such circumstance would be in the case of an adoption (by a... View More
I am a surviving spouse in San Mateo County, California, submitting a posthumous QDRO for a pension and annuity. My ex-spouse is deceased, and there is no probate process currently. The divorce decree states a 50% community property division. In this situation, who should be listed as the... View More
answered on Mar 28, 2025
The caption of your case does not change. It's the same case title that was used in the divorce and with the same case number. The issue is who signs the QDRO now that one of the parties is deceased. For that, you will need a "successor in interest" to be designated and to then... View More
In a family law case in California, what is the correct order for filing the Summons, Request for Joinder, and Pleading Joinder? Should these forms be filed with the courts first or sent to the other party initially, considering it's my first time handling such filings?
answered on Mar 27, 2025
Either way is fine (assuming you are referring to the Summons on Joinder, request for joinder and pleading on joinder). You can file with the court with your proof of service attached (i.e. serve first), or you file with the court first and then serve the "conformed copy" on the other... View More
If a minor is disowned by their parents and the parents take away items such as devices and car keys, which were bought by the minor or gifted by friends, would the parents be legally required to return those items to the child in California? There are no formal agreements documenting ownership,... View More
answered on Mar 26, 2025
"Child" ?? I'm assuming it's the "child" who is posting this question? Are you 18 or older? There is no legal concept of "disowning" a child. Without knowing what the legal relationship is between you and the parents in this scenario, without knowing your... View More
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
answered on Mar 26, 2025
You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.
My wife wants a divorce, and I want custody of our four children, who are all five years old. We don't have any shared assets, and there are no existing custody arrangements. My wife also wants custody. We have attempted discussions, but nothing has been agreed upon. What should I do to pursue... View More
answered on Mar 25, 2025
Requesting custody orders will be a part of your divorce proceedings. Someone files a Petition for Dissolution and the other party files a Response. Each person indicates in the Petition (and in the Response) what custodial arrangement they want. Then, concurrently with filing the Petition (or... View More
I have been receiving alimony for 12 years following a divorce agreement that stated it was for life since I was a stay-at-home mom for 27 years. My ex-spouse is retiring and wants to terminate alimony payments. We discussed a lump sum payment to end alimony, but the amount offered does not account... View More
answered on Mar 22, 2025
You keep using words like "divorce", "agreement". and "alimony". You then say there is no "court involvement" Is there a Judgment? A court order re support? Or not? A court order/Judgment is enforceable until it is modified or terminated by another... View More
What is the name of the process to determine how much my ex-spouse is earning as a self-employed handyman? Spousal support was granted in October 2024 based on him earning minimum wage. How can I establish his actual earnings?
answered on Mar 19, 2025
The court will rely on his tax returns unless you can prove the returns are not credible. This can be accomplished by subpoenaing his bank records and hiring a forensic accountant to analyze the ins and outs of funds and sources of funds.
I had a court date on March 11, 2025, regarding a parentage case. The respondent filed a request to quash the case, citing my relocation to a new county, but the judge ruled against quashing. During that session, the judge also confirmed paternity, and the respondent signed a paper acknowledging he... View More
answered on Mar 18, 2025
Default occurs when the Respondent does not file a response to the petition for parentage (aka paternity; aka Petition to Establish Parental Relationship). The responding party is not necessarily in default because they do not file a response to other types of filings such as a Request for Order.... View More
I had a child support hearing where the judge refused to include certain expenses related to my investment property in the support calculation. These expenses include a maintenance percentage, a vacancy percentage, costs for adding heating and air conditioning, and the HELOC debt on the property.... View More
answered on Mar 18, 2025
Child support is calculated using the parties' INCOME. If the investment property you are talking about is an income producing property and that income is impacted by the expenses of maintaining that property, that will be reflected in your tax return used as evidence of your income.... View More
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