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

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

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

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

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

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

"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

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.

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

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

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.

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

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

Since no one has filed anything yet and therefore there are no court orders, you are free to move wherever you want. Since you have both lived here (CA) for at least 6 months, Mom can likewise, file here in CA and get custody orders in place, forcing you to bring the child back to CA from Ohio.

A court order is a court order and must be complied with until it is modified or otherwise replaced with a new court order. When someone who is subject to a support order loses their job, it is their burden to go to court to get relief; to get a new court order that reflects their current... View More

As I said in my response to your similar inquiry -- both parties sign the QDRO. It is a stipulated order. To get a deceased person to sign the QDRO, a successor in interest needs to be designated and then sign on behalf of the estate. You do not necessarily need a Request for Order. Instead,... View More

Two very different issues here. One issue is a landlord tenant issue the other is related to child custody. 1) Generally speaking, yes, the homeowners can evict you from their property assuming you are not on any lease or other legal agreement with the property owners regarding your continued... View More

mandatory mediation is scheduled once a party files a Request for Order for custody/visitation. If no such motion has been filed, no hearings are pending, and you have not been sent an order from the court regarding mediation, then you are not required to go to mediation or set one up.

Of course you have to introduce evidence at the hearing. Further, that evidence should be included in your moving papers with a supporting declaration to lay its foundation. Whatever happens in mediation is confidential. Nothing that is said in mediation is admissible in court. Given the... View More

You have no standing to do anything until that default is set aside. File the motion to set aside based on failure to serve. Get a copy of the proof and service of the summons first, however, and see what it says about when and how your spouse is claiming you were served.