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Questions Answered by Martha Bronson
1 Answer | Asked in Family Law for California on
Q: How/where to move to vacate a restraining order issued 2 years ago out of my knowledge when case is not active anymore?

I just learned of the existence of a restraining order issued against me by the family court 2 years ago. Needless to say it was obtained out of my knowledge and by fraud on the court. I intend to move asap to vacate and to seek sanctions against the fraudulent petitioner, but the case is not... Read more »

Martha Bronson
Martha Bronson answered on Nov 29, 2020

There may not be any activity in the case since the TRO was issued, but that fact does not make the case "inactive" for purposes of having the court review the TRO to determine whether there are sufficient legal grounds to set it aside. As such, you use the case number and exact same... Read more »

1 Answer | Asked in Family Law for California on
Q: If the biological father of my daughter hasn’t been in her life at all and has only reached out once through email

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Martha Bronson
Martha Bronson answered on Nov 29, 2020

A lot more information is needed to be able to adequately answer your question. I would recommend that you consult with an experienced attorney who can guide you in this most delicate situation. Best of Luck.

1 Answer | Asked in Divorce and Family Law for California on
Q: My estranged husband moved back just as i was moving away, and says i can't move now.

My daughter and I live in California, but can no longer afford it. I haven't been able to pay rent, and need a place to live now. My husband left over a year ago to New York, sending pennies for child support, telling me not to file for divorce so he could still get his citizenship. Now... Read more »

Martha Bronson
Martha Bronson answered on Nov 29, 2020

If he abandoned you to go live in New York over the past year, and has no relationship with your daughter while you and your daughter have bonded, there is not much chance that the court in California is going to give him custody of your child. The court that is located in the "home... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: If I am still married and no divorce has been filed can I move out of state with my daughter? He moved out 9 months ago

He has had her once over night in the last 9 months, no divorce has been filed and there is no custody agreement and he does not see her. He FaceTimes occasionally but not often. I want to move from California to Nevada but am unsure if I can do so.

Martha Bronson
Martha Bronson answered on Nov 28, 2020

You are not tied to California like a tetherball is tied to a pole. Does the father object? Does he want a divorce? have you tried working with the father to agree on a custody/visitation arrangement? Is there some reason you would not want to make custody/visitations arrangements before you... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: Found daughter birth certificate 23yrs later.I'm not on it.

Found daughter birth certificate 23 yrs later. I'm not on it. Separated from mother 23 yrs ago unsure she was mine. Why was I ordered to pay support

Martha Bronson
Martha Bronson answered on Nov 28, 2020

Is anyone named as the father on the birth certificate? The fact that you are not named as the father on the birth certificate does not mean that you are not the biological father. I would suggest that you go to the county where the support order issued and have the court filed pulled and... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: How do I know if I'm suppose to get money from my grandpa passing

Daniel kaher resided in Pacifica ca. Died in same he had money that I thought was to go to me and my brother and my 2 aunts

Martha Bronson
Martha Bronson answered on Nov 28, 2020

You would know because the requires the administrator give you notice of the fact that you are a beneficiary, unless no one has your current address. I would suggest that you contact the county of death and check the court's case index to see if a case has been opened. Best of Luck.

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1 Answer | Asked in Family Law for California on
Q: can I email my reply declaration today then file it Monday. My mediation & trial conference Dec 7

Just yesterday I received opposite reply declaration can I email my reply first then file it on Monday as my custody trial conference is on Dec 7

Martha Bronson
Martha Bronson answered on Nov 28, 2020

You should e-file or file in person, but not both.

2 Answers | Asked in Divorce and Family Law for California on
Q: My ex-husband change his work . And he is not paying spousal support payments . How I can find out where he is working?

I am temporarily disable. And my spousal support for life terms .

Martha Bronson
Martha Bronson answered on Nov 28, 2020

Do you know where he lives? When did he stop paying? If it has been several months since he has paid support, then you may want to have a contempt citation issued against him for failing to the court ordered support. You will need to know where he is because you must personally serve him with... Read more »

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3 Answers | Asked in Child Support, Domestic Violence and Family Law for California on
Q: If an alimony claim was filed in in July 2020 also a restraining order for violence, then the client used his one delay

Due to lack of a lawyer, than the lawyer pushed the hearing back 3 months, from September to December, then the lawyer dropped the client due to lack of payments, the client gets a new lawyer 3 weeks before the alimony hearing, can the case be pushed back again

Martha Bronson
Martha Bronson answered on Nov 29, 2020

Continuances are disfavored and a matter within the discretion of the court - if this next continuance that you intend to ask for has the potential of causing prejudice to the other side, that will weigh heavy against you in the analysis - The attorney will need to make a very strong showing of... Read more »

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Can one lawyer help me if I have filed for custody and filed for restraining order on the same person?
Martha Bronson
Martha Bronson answered on Nov 29, 2020

Yes, so long as the attorney has experience in both areas of that law. Good Luck.

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2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband stopped making spousal support payments in April. What Can I do?

We were married over 25 years, support was court ordered for long term marriage. He went on furlough when Covid started, and collected unemployment benefits...now I believe he has retired early from his union job, so the checks that were issued by his employer stopped. He refuses to comply. Divorce... Read more »

Martha Bronson
Martha Bronson answered on Nov 29, 2020

You should get an order assigning payment of your support to you out of every check he gets in retirement - just like an earnings assignment order - file a N-195 assignment orderand have it served on the entity that pays out the early retirement benefits. a certified document assistant can help... Read more »

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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... 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... 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... 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 »

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