Take turns. Each one of you will claim him in alternating years. This assumes you share physical custody. If one parent has more than 51% physical custody, i.e. the child lives with one parent more days out of the year than with the other parent, -- greater than 51% custody -- LEGALLY (per the...Read more »
I am a single mother of 2 and never had enough money to hire a lawyer. i have 3 open divorces and i am trying to either combine or dismiss the 2 latest. I was given bad advice previously. I have served the petition all 3x. What is the best way to close this divorce? i have not seen or spoken to the... Read more »
i filed the 1st ser basck in '07. A paralegal suggested i file another because it had been so long in '14. I filed again thru that paralegal then she just moved and didn't tell me what i needed to do from there. This yr i filed AGAIN on my own and now i cannot move forward because i have too many... Read more »
You can file a notice of related cases or just dismiss the older cases assuming you never served the petitions in the older cases and assuming they were never dismissed by the court for failure to prosecute. Next time hire a lawyer. A real lawyer.
We’ve been to court about 10 times in the last nine months my ex is a hi voltage power lineman and making six figures I was a stay at home mom for 9 1/2 years I supported him as he climbed the ladder in his career while I stayed home with the children because he travel to State of California... Read more »
the judge won't give me attorney fees my husband just went pro per but we're going to go to trial and there's no way i can get my point across fillout all this paper work, i don't understand. i have a friend that helps me and knows my case and can follow the directions of the court and remember... Read more »
Fyi my divorce has already happens but my ex husband went through with it with out my knowledge. I was never personally served the divorce papers my mother in law was the one who was handed my divorce papers by the person who served them, I didn't have any representation and was unaware of the... Read more »
It sounds like you were aware that the papers were being served, although they were not personally handed to you. If you knew the matter was pending and there was an attempt at service, your failure to respond and participate in the litigation is on you. As he likely proceeded by default, there...Read more »
When you say "case", are you referring to custody? or child support? or something else? Once your "child" turns 18 and graduates from high school, the obligation to pay child support ends. Once he turns 18 the custody orders disappear. Family court orders can be registered in any state for...Read more »
Can I legally go get my children back and bring them back to Florida? They have lived with me in Florida for the past year while their dad moved to CA. They only were going for a short visit. Now he won’t give them back. I flew to CA and he is saying he will call the police if I leave with them... Read more »
We separated 6 weeks after we married when I discovered that he was using drugs. For months he said he would complete the online divorce papers that I purchased but never did and the papers expired. Now I can't reach him on any of the numbers he's contacted me from, his family can't find him and... Read more »
There is no such thing as an on-line divorce. If you want a divorce, file a summons and petition for dissolution. If you really have no way of fining out where he is, you can get an order from the court allowing you to serve by publication. Once he is served, if he fails to file a response, you...Read more »
The Local child support agency had the wrong address on file for me. I did not no of any court order for child support was in place. The other parent in this case applied for public assents for her and my kids, at the time of her applying she reported the income she was receiving from me. I was... Read more »
Before speaking with an attorney, call the child support agency. Speak with the representative or lawyer who is assigned to this particular case and discuss your options with him/her. Be sure to also discuss your lack of notice of the pending action and of the fact that you have been paying Mom...Read more »
Given the passage of time, chances are the case has been dismissed. They will have to re-file. I recommend that this time, they get a lawyer. Your statement that they "forgot to complete process after 6- month-period" suggests they did not know what they were doing at the time.
I currently live in California but wish to return to my native state of Washington. My daughters and I have a large family unit up there. I feel there are many advantages for her up there. My ex lives in California and does not agree to the move. I plan to give him a substantial amount of... Read more »
When a party moves for a move-away order, the court in the majority of cases will order a custody evaluation. The evaluator will then have an opinion as to whether the move is in the best interests of the child. The court may, but is not obligated to follow the evaluator's recommendations. You...Read more »
It depends. Do you have any existing custody/visitation orders? Does the father live with you? Is the father in your daughter's life? Technically, if there are no court orders in place, you are free to go. You cannot be charged with kidnapping your own child if there are no court orders in...Read more »
As an extreme example, if I had $100,000 in my 401K in 1999, got married in 2000 and contributed $10,000 that year while married, if the account now has a value of $500,000, will the growth ($390,000) be evenly split or will it take into account the amount/percent... Read more »
The community's interest starts with contributions made during the marriage and ends on the date of separation. Growth in the 401k that can be attributed to earnings/contributions made during the marriage is community property and subject to division. A QDRO will specify the manner in which...Read more »
The ex-wife served us with papers recently to calculate a percentage of his retirement to go to her based on the Brown Formula. What percentage does she get of his retirement, and for how long? He took all of the debt when they divorced and he paid 4 years of spousal support. How much does he... Read more »
Who is "us"? Do you have an attorney? What do you mean that she served papers for you to calculate the percentage. It doesn't work that way. If there is a retirement account to be divided because of a divorce judgment or court order, the retirement account at issue is divided by QDRO. Whether...Read more »
Appealing decision giving support of 1600$ month to wife of 43 years. Judge also awarded all net escrow dollars to husband. Wife received none. She was a homemaker for 30 of those years. They had an upper middle class lifestyle. Husband continues to have upper middle class of living while wife is... Read more »
What do you mean you are looking for case law? Case law that says what? What is it you are trying to establish? What is the basis for your appeal? Are you claiming the judge made a mistake? Are you claiming the evidence did not support the decision? What error do you believe was made that...Read more »
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