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Petitioner was order to pay child support but minute order was worded incorrectly by the courts clerk on 4/23. I recently request it to be reviewed and amended. They finally sent the new correct minute order, I’m self represented so I didn’t know I could do this even though I repeatedly talked... View More
answered on Dec 8, 2023
Court orders for child support tend to be retroactive to the date the motion (request for order) was filed requesting it.
The petitioner for restraining order is trying to file a continuous
answered on Dec 5, 2023
If you mean, the person who is asking for the restraining order is seeking a continuance and you are the person to be restrained, yes they can ask for a continuance, but you can object to that continuance if you want to. (see Family Code §242)
I am represented by an attorney and my husband is representing himself.
answered on Nov 9, 2023
Before any judgement can be entered by the court, there must be a declaration filed with the court stating that each party served at least there "preliminary declaration of disclosure". There is a Judicial Council form that can be used however, for waiving financial disclosures. Both... View More
He signed our house over to his brother. Lied about the worth of our company. He made me give him custody of our kids. He also started paying me from the company so it would look like we made the same money. We still lived and work together. Now he wants me to move out after leaving me with... View More
answered on Nov 9, 2023
"forced" ?? How? There are ways to set aside a judgment when there is proof of fraud, duress, and/or various other statutory grounds. There is a time line (deadline) for seeking such a set-aside. You should consult with an attorney to find out if you have sufficient evidence to... View More
Want to file a motion to dismiss
answered on Nov 4, 2023
Not enough information here. One way a defendant can get a case dismissed is with a motion for summary judgement or a motion for judgment on the pleadings. You need to consult with an attorney one-on-one to see what options are available to you for getting the case dismissed with the facts and... View More
Our credit card debt is in my name only. I have someone who will pay it off for me but I want to get some kind of judgement that shows he owes me for his half. He does not have any money now but will sometime in the future. Is it possible to get a judgement against him in the divorce?
answered on Nov 3, 2023
Debts incurred during the marriage are community debts, regardless of whose name is on the account. Debts acquired and/or incurred at any time from date of marriage to date of separation are considered debts of the community which are then shared 50/50 between the spouses. The court however, can... View More
Happy to provide additional information in consult
answered on Nov 3, 2023
Attorneys are not able to solicit business on this site. You need to use the "Find a Lawyer" link at the top of this page and contact lawyers directly to get your initial consultation.
Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who... View More
answered on Nov 3, 2023
It sounds like you already have an open/existing case. You say "where temporary order is" - that tells me you have an existing court order. If not, and there is no open case, i.e. no one has filed anything related to this child, then you file in the county where the child lives. You... View More
I put in a request for order to have my ex pay for my lawyer for our divorce. The hearing is scheduled for 2 months after my divorce court date. What can I do? I can not afford a lawyer.
answered on Oct 27, 2023
File an ex parte application/request to reschedule to have the hearing date moved so you can get the fee request heard before your other hearing date.
Mom and Dad’s divorce was finalized in Alaska back in 2022 (dissolution w/ minor). Mom and child moved to California and have been here for one year. Mom would like to file a Motion to change custody orders. Would she need to file the motion in California or Alaska ?
answered on Oct 23, 2023
Mom probably should have filed a request to modify custody in the Alaska case before moving to California. Assuming Mom had Dad's permission to move with the minor to California, Mom should now file a motion in Alaska requesting change of venue to California.
My agreement is 50-50, joint, legal and physical. No Child support payments involved with our case for our 5, and 3 year old. There’s a section stating our obligations on notifying the other parent.
( The parents shall keep each other informed of all of the children's medical,... View More
answered on Oct 19, 2023
What kind of "agreement" are you talking about? Is this a court order? Judgment? It may not even be enforceable.
I never had a fire arm are been arrested for a fire arm
answered on Oct 17, 2023
If you want assistance from an attorney on this site, you need to phrase your question in a manner that let's the attorney know what precisely is the problem. This question, as you have phrased it is unclear. "Why is this my name?" You need to rephrase this inquiry if you want to... View More
My aunt was operated in April for a bypass surgery and another heart complication, the combined surgery lasted for about 5 hours. The surgeon and team left a sponge behind. The negligence was detected 3 days later when an X-Ray was done. They had to re-open the incision (around 12 inch) to take out... View More
answered on Oct 10, 2023
Yes, your Aunt can sue for the negligence resulting from leaving behind a surgical sponge. This is what is known as a "retained foreign body" case. It's not clear from your question whether the subsequent complication had anything to do with the retained sponge. That's... View More
my ex is mentally unstable and she has had two children removed from her custody in the past. she is making false, unfounded claims of domestic violence and took my children while violating a t.r.o. and i havent been able to get in contact with her for almost 4
months
answered on Oct 9, 2023
Contact the District Attorney's child abduction unit in your city/county. File a parentage action (I'm assuming your ex is not your spouse?) and request custody orders and concurrently file an ex parte application to get immediate/emergency orders for custody, no visitation, and for... View More
If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More
answered on Oct 4, 2023
Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection.... View More
She knew she had the keys and my phone was dead and I had to wallet sorry I was curious if what she did was illegal knowing I had no phone no keys and no wallet and she drove home with my 4 year in the car without his car seat
answered on Sep 29, 2023
What is the purpose of this post? You haven't asked a question. Are you planning on filing for divorce?
My daughter chose to live with my wife full time a few years ago. We had 50/50 custody prior. I want her to come with me but my daughter doesn’t want to move.
answered on Sep 28, 2023
Depends on what you mean by "force"? Physically? No, of course not. Can she modify the court order regarding custody? Yes.
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
answered on Sep 27, 2023
Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18... View More
I was told there was a hearing at 8:30am by the petitioner themselves. there was no county or address given. I was not served any documents.
answered on Sep 22, 2023
You told there was a hearing, but you were not told where it would take place? You need to find out where the case has been filed and then file a Motion to Quash. Sounds like you should hire an attorney.
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