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Questions Answered by Martha Bronson
1 Answer | Asked in Family Law and Estate Planning for California on
Q: My father has a living trust leaving the property to me. His wife says he promised her the house, can she get the house?
Martha Bronson
Martha Bronson answered on Nov 7, 2017

Most Living trusts are revocable - that means they can be changed during the life time of your dad- trustor (person who set up the trust.) What he wrote in his trust today could be changed tomorrow. As such, the answer to your question is yes, she could get the house. Further, she could... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Do I accept getting served for child support, even though my kids have lived with me for the past 3 years?

My kids have lived with me for the past 3 years and I got a phone call today that i am going to be served for child support since their mother asked for welfare aid.

Martha Bronson
Martha Bronson answered on Nov 4, 2017

Accepting service is not like you are accepting liability for support. Accepting service is only receiving the papers and nothing more. You should contact an experienced family law attorney who can guide you through filing the proper response in a timely manner and assist in addressing the... Read more »

1 Answer | Asked in Child Custody for California on
Q: My boyfriend took my daughter Home for a vacation and now he refuses to bring her back there’s no custody agreement

I just want to get her home and he refused to bring her after we agreed he would twice. What Can I do to get he me home as soon as possible?

Martha Bronson
Martha Bronson answered on Nov 3, 2017

Retain an experienced family law attorney who can seek to obtain a temporary order of custody pending a hearing to determine custody. You do not provide enough facts to assess the likelihood that you will prevail, but generally speaking if the child is baby and attached to you as the primary... Read more »

1 Answer | Asked in Child Support for California on
Q: If the custodial parent dies and the Non custodial gives custody to Uncle how do they configure child support?

Non custodial has no relationship with parent so when Mom was terminally ill, they decided to give custody to the uncle (bio mom's brother). How do they configure child support when there is no secondary parent income?

Martha Bronson
Martha Bronson answered on Nov 3, 2017

As the father of the child you are responsible for care and support of the child whether the child lives with the uncle or not. Unless your son is adopted by someone else, you remain liable for the care and support of the child.

1 Answer | Asked in Child Custody and Child Support for California on
Q: If my ex partner it’s not working can I still ask for child support.

I already file for child custody a year ago and We got the court order for it, And he has never had my kids with him or called them or be interested in there life, can I get full custody for my kids because of it.

Martha Bronson
Martha Bronson answered on Nov 3, 2017

You can ask for it, but if he does not have any earnings, the court is not going to order he pay support just because you ask for it. You would need to file a request for order to ask for a support order and establish that he is capable of working but he willingly does not work because he does... Read more »

1 Answer | Asked in Child Custody for California on
Q: What can happen if i dont file my respondent paperwork on time, already went to mediation , she wants to see judge?

She wants full custody and allowing me every other weekend, but at the moment i have 60% custody, the mediator told her she can't support that , and will not support that! So instead of coming to an agreement , she wants to go in front of the judge. Just worried, do i automatically lose by not... Read more »

Martha Bronson
Martha Bronson answered on Nov 3, 2017

You could be prohibited from being heard by the court if you do not file your responsive papers timely. However, many courts will not impose such a harsh penalty and will allow you to file your papers late and be heard at the hearing. It is within the court's discretion to decide what remedy it... Read more »

1 Answer | Asked in Child Custody for California on
Q: Does our Parental agreement that we both agreed to and had notarized have any substance in a custody / support hearing?

We have been using a parenting plan that was signed and notarized since 2015 and had us both at 50/50 legal custody. I am wondering because we have a history now of each other agreeing on 50/50 and now just because they are back here in the states she wants to have full custody.

Martha Bronson
Martha Bronson answered on Nov 3, 2017

It sounds like you agreed on 50/50 but you did not actually exercise 50/50 physical custody. You mention that she is now "back in the states" which leads me to believe they were out of state such that 50/50 split impractical and not exercised. If it was never or rarely exercised, then the... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: Court ordered child support. Parents agreed to new plan two years later, notarized agreement. Did not make court aware

Court ordered father to pay child support. After two years, mother offered to forgo child support in lieu of claiming the child on taxes each year. Before they rotated. A new agreement was written and notarized. Court was not made aware of the change. Court orders did mandate both parents... Read more »

Martha Bronson
Martha Bronson answered on Nov 3, 2017

Many courts typically order that both parents provide insurance if it is offered and that medical and other extra ordinary expenses above the child's general daily living expenses, be split 50/50. As such, I would first recommend that you carefully review the initial support order to see if there... Read more »

1 Answer | Asked in Child Support for California on
Q: My ex partner and I have an informal agreement regarding child support. No court order has been established.

And nothing in writing. I have been paying periodically over the last five years. Can a judgment be placed on me if this is taken to court? Thank you

Martha Bronson
Martha Bronson answered on Nov 3, 2017

Absent a pre-existing court order for support, the court is limited in its jurisdiction to enter an order for support retroactively. Assuming there are no extenuating circumstances, the court is generally limited to going back only so far as the date that you are served with the papers requesting... Read more »

1 Answer | Asked in Child Support for California on
Q: California deducted from my bank account to pay for spouses child support, his name is on my account. Is this legal

I should not be held responsible for another couples children

Martha Bronson
Martha Bronson answered on Nov 3, 2017

It may or may not be legal depending on the facts of the case. The state has the right to collect court ordered child support due by attaching money held in bank accounts with the owing parent's name on it. If his name is on your account then he has a right to the money in your account. And, if... Read more »

1 Answer | Asked in Child Support for California on
Q: My ex is threatening to stop child support payments for our 18 year old, who is a senior in HS. Can he do that?

He lives with me and is a 4.0 full time student. He will graduate in June of 2018. I drive him to school and back. Take him to his after school activities. He's a student editor for his HS school paper. I use the child support money for food, clothing, basic hygiene needs, all his school supplies... Read more »

Martha Bronson
Martha Bronson answered on Nov 3, 2017

Presumably you have a child support order. In your child support order it should spell out when child support ends and typically such order generally state that child support ends on the child's eighteenth birthday, unless the child has not graduated from high school and is still in school full... Read more »

1 Answer | Asked in Child Custody and Child Support for California on
Q: Will the amount owed for child support be stayed until the custody hearing is over?

I would like to file for a custody hearing and stay the support hearing (not set yet) until we can decide custody. - CSS has told me beginning Nov 1, I will start owing 1630.00 and should keep that in my savings until the final decision is made. I was told that the Support hearing would be stayed... Read more »

Martha Bronson
Martha Bronson answered on Nov 3, 2017

It sounds to me like there may already be a support order in place since CSS told you that beginning November 1, your support obligation of $1630 starts. But, you should have been given notice of any such hearing where a judge would render a support order, so perhaps there is no current order... Read more »

1 Answer | Asked in Child Custody and Juvenile Law for California on
Q: Can I still sign over temporary custody to someone if CPS has taken my kids already?

My son is 1& 5 months & my daughter is 2 months old.

Martha Bronson
Martha Bronson answered on Nov 3, 2017

It saddens me to read your question, Unfortunately, without more information it is impossible to give you a straightforward yes or no. It depends on a variety of things. I recommend that you immediately contact an attorney to discuss your situation in detail and ascertain your options. If you... Read more »

2 Answers | Asked in Child Custody and Patents (Intellectual Property) for California on
Q: Do I have to get a legal document for my son to play sports in Alabama

He's already there with grandparents and they have enrolled him in school with my notarized letter

Martha Bronson
Martha Bronson answered on Nov 3, 2017

It depends on a host of things. Where do you live? Is the father in the picture and does he consent? What are the reasons for him being in Alabama with the grandparents, rather than with you?

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1 Answer | Asked in Family Law for California on
Q: Spouse left me with both kids and ran off when we have 50/50 u der court agreement.what should I do?
Martha Bronson
Martha Bronson answered on Nov 3, 2017

It is not exactly clear what you are asking for ... advice about whether you should track her down and try and force her to come back so she can perform her 50 of the 50/50? Or advice about whether you should file something with the courts to change the custodial arrangement to sole legal and... Read more »

1 Answer | Asked in Family Law for California on
Q: I received a decision from a judge in my divorce. What form do I use to request a judgement (Placer County)
Martha Bronson
Martha Bronson answered on Nov 3, 2017

It depends of what type of decision the judge gave you in your divorce. If it was a decision dissolving your marriage and returning you to a single person along with orders dividing property and debts and orders disposing of all other issues in the case, then you would use FL 180. I would... Read more »

1 Answer | Asked in Family Law for California on
Q: Do we need biological father's consent for adoption if we have full custody of the child?

My wife has the full custody of her 9 years old daughter and already changed her last name to her maiden name. Do we need her biological father's consent for me to adopt her and change her last name to mine?

Martha Bronson
Martha Bronson answered on Nov 3, 2017

Generally, yes you would need the written consent of the father to adopt even if the mother has full sole custody of the child. However, if the court were to find that the bio father had abandoned the child, within the meaning of the family code, that could serve as an exception to having to... Read more »

2 Answers | Asked in Child Support, Divorce, Domestic Violence and Family Law for California on
Q: divorce. judge found both parties equally guilty of DV, issued mutual Restraining orders. Can mom receive spousal supp?

In question is interpretation of 4320 i

Martha Bronson
Martha Bronson answered on Nov 3, 2017

4320 (i) provides that in making a determination about spousal support that the court must consider "Documented evidence, including a plea of nolo contendere, of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Husband asking 50/50 custody of our 18 month old son and newborn daughter. What's the best parenting plan for them?

Soon to be ex husband moved out of the house 4 months ago. He lives with his cousin, she is married with 3 kids and is currently pregnant. He works night shift 6 night per week. He is asking for 50% of the custody of our 18 month son and newborn daughter but I feel they are too young. What would be... Read more »

Martha Bronson
Martha Bronson answered on Nov 2, 2017

You are correct that the children are much to young. Medical studies have demonstrated that it is not in the best interests of children that are still in their developmental years (younger than 6) to be forced to sleep overnights away from the home and bed they are accustomed to. What would be... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: How can I force my husband to sell rental property so I can get money for attorney fees for my divorce

We are seperated but not legally. We live in different states. I'm land rich and cash poor

Martha Bronson
Martha Bronson answered on Nov 2, 2017

File a request for order and have the court ordered some of the property sold.

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