We have one child and own a home. I really need to know where to start with a goal of needing the equity from our home to make this change in my life. Hope for guidance as to how to get started to not make a mistake along the way.
My ex and I have custody agreement however he told us last night that he had to be tested for COVID and is currently exhibiting symptoms. I have expressed my concern and that I think he needs to wait at least until he is symptom free before being around our children to be cautious and prevent... Read more »
He got tested. I would expect a responsible parent would not expose his children in the event he tests positive -- whether he tells you the test results or not. In fact, I believe we have all been told that if anyone tests positive for Covid-19 that they should quarantine and isolate themselves...Read more »
Child support is calculated using an algebraic formula in the form of a computer program. The percentage of time each parent has custody is but one factor used to calculate support. In addition, the parties' respective income, certain deductions from income, health insurance premiums and...Read more »
I am recognized as my kids custodial parent through child support. They have resided with me their whole life even after their father abandoned us for another family he had hidden from us. The past 3 summers we agreed he would take them from june til august and bring them back before school started... Read more »
The time line here is not at all clear. He never brought them back since when? Do you mean that he did not return them after last summer's visit? i.e. you have not had custody of your children since August 2019? It also sounds like although you and the other parent may have some kind of...Read more »
My 7 year old daughter lives with her mom in CA. I live across the country. We have a custody arrangement in place, but as far as visitation, the judge never issued a concrete order for exact visitation dates when we divorced. He hoped we'd "come to an agreement." So each year we... Read more »
It's unfortunate that your judgment lacks details regarding the parameters of visitation. It makes it difficult to put a finger on any specific violation resulting from Mom's behavior. That being said, there are no laws in place here in California that allow a parent to use Covid-19 as...Read more »
If I have finished transfer the money in my bank account to someone else under their title to minimize the amount of money split with my wife when divorced and I want to file a divorce after that, how long does it legally take for the transfer to take place so that if the divorce is successful, the... Read more »
You were not properly served because I party to the action cannot be the person who serves the papers. However, as your hearing is in 3 days, there's nothing you can do about it. I wouldn't risk not "showing" up at the hearing simply because you were not served properly. You...Read more »
That's a really interesting question during this Covid-19 time in our lives. Generally, when you have an ex parte application hearing, you hand the other party your moving papers the morning of the hearing. I expect you still need to do that, but I wonder what precautions can be taken to...Read more »
3 years ago, he moved out of our apartment and into a duplex with our daughter and her 2 small children, and I have been living in my car. I recently got a job, but I don't make enough to pay rent for a place to live. Meanwhile, my husband now lives in a huge 4 bedroom 2 story home with our... Read more »
You don't have to wait for him to file. You should file for divorce and concurrently file a Request for Order for spousal support. The longer you go without his support, the stronger the assumption will be that you do not need it. Don't wait. I do not believe we, as lawyers, are...Read more »
I have visitations on Saturday and Sunday 10am-12 pm . She told me that the only way I could see them if I do a Covid-19 test which I did and it came out negative. She’s requesting for her to see results or else I won’t be able to see the kids. What can I do?
There is no legal authority for using Covid 19 as a reason to violate custody/visitation orders. She is in the wrong. However if you got tested and you know the results are negative, why not just let her see the results so you can see your kids. Once the courts reopen, you can file a motion to...Read more »
There was an incident and the child is currently in their care. The goal being not to separate parent and child entirely but to give the grandparent some sort of legal claim to the child. As their parent for various reasons cannot care for them properly and need not be the sole decision maker.
We have an order in place stating my residence is the exchange point. Dad is starting to bring drama to exchanges. He's starting to record the exchanges. He's threatened to "cause a scene" at my home, not sure what he means but i dont want to find out. I've suggested to him... Read more »
Existing orders are what they are until they can be modified. In the meantime, perhaps you can get a friend or neighbor to come over during exchange times. This person should not interfere or talk to either party or the child during the exchange, but can act as a witness to whatever antics Dad...Read more »
Can a spouse legally take my cal pers monthly benefit that was set in motion long before we were married? I understand yes if it’s my retirement and I’ve paid into it but it’s my mother’s retirement that she left me when she passed away in 1990. My spouse says if go after any of his... Read more »
As the benefit being paid to you is by inheritance, it is separate property and therefore not subject to division in your divorce. The monthly benefit paid to you however, can be used as income for purposes of calculating spousal support. If you are legally entitled to a portion of his...Read more »
You can get a divorce at any time for any reason. The passage of time has no impact on how you proceed. You can use the court's self-help link or hire an attorney to handle the matter for you. http://www.courts.ca.gov/selfhelp-divorce.htm
You are a paralegal working at the law office of Daniel Britton, Esq. At a Halloween party, you begin talking to a 16-year-old guest. The guest tells you he is having troubles at home. You tell him about applying for emancipation and explain how it is accomplished. You also give him your business... Read more »
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