Questions Answered by Martha Bronson

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?

1 Answer | Asked in Family Law and Estate Planning for California on
Answered on Nov 7, 2017
Martha Bronson's answer
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 potentially have an interest in the house with attendant rights, even if she is not named as the beneficiary of that property. If he has been married for a long time and your dad has used his earning and...

Q: Do I accept getting served for child support, even though my kids have lived with me for the past 3 years?

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Answered on Nov 4, 2017
Martha Bronson's answer
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 court.

Q: My boyfriend took my daughter Home for a vacation and now he refuses to bring her back there’s no custody agreement

1 Answer | Asked in Child Custody for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 caregiver you have a chance the court will grant the temporary order, particularly if the father does not have a history of visiting and caring for the child. Best of Luck.

Q: If the custodial parent dies and the Non custodial gives custody to Uncle how do they configure child support?

1 Answer | Asked in Child Support for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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.

Q: If my ex partner it’s not working can I still ask for child support.

1 Answer | Asked in Child Custody and Child Support for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 not want to. The court will likely first enter a seek work order which will require him to go out and apply for jobs. He would be required to prove to the court that he sought employment by applying...

Q: What can happen if i dont file my respondent paperwork on time, already went to mediation , she wants to see judge?

1 Answer | Asked in Child Custody for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 will impose when a party fails to file on time. If there is no prejudice to the moving party then chances are the court will permit the late filed response and permit you to be heard.

Q: Does our Parental agreement that we both agreed to and had notarized have any substance in a custody / support hearing?

1 Answer | Asked in Child Custody for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 agreement is not going to have any bearing on the court's determination of custody because the agreement is not relevant. What is relevant is whatever the actual time share was that was implemented.

Q: Court ordered child support. Parents agreed to new plan two years later, notarized agreement. Did not make court aware

1 Answer | Asked in Family Law and Child Support for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 is an order splitting uninsured medical expenses or other expenses 50/50. If there is, then you would simply file a motion (Request for Order form FL300) with the court asking that it enter an...

Q: My ex partner and I have an informal agreement regarding child support. No court order has been established.

1 Answer | Asked in Child Support for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 the hearing to determine support. As such, in answer to your question about whether a judgment can be "placed" on you, the answer, generally, is that the court could not enter an order against you...

Q: California deducted from my bank account to pay for spouses child support, his name is on my account. Is this legal

1 Answer | Asked in Child Support for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 he has a right to the money in your account because his name is on it, then the State has a right to take the money owed for unpaid support. In the future if you want to protect your money from...

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?

1 Answer | Asked in Child Support for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 time, in which event support ends at time of graduation. I would recommend that you contact the department of child support services ("DCSS") and ask them to enforce your support order that you...

Q: Will the amount owed for child support be stayed until the custody hearing is over?

1 Answer | Asked in Child Custody and Child Support for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 and CSS is speculating on the amount of support that will be ordered. The problem, as here in your situation, with not having a custody order in place by the time the court is to decide the child...

Q: Can I still sign over temporary custody to someone if CPS has taken my kids already?

1 Answer | Asked in Child Custody and Juvenile Law for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 do not have the funds to afford an attorney contact, legal aid society in your county of residence as they provide legal advice at discounted or no cost depending on your needs. good luck.

Q: Do I have to get a legal document for my son to play sports in Alabama

2 Answers | Asked in Child Custody and Patents (Intellectual Property) for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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?

Q: Spouse left me with both kids and ran off when we have 50/50 u der court agreement.what should I do?

1 Answer | Asked in Family Law for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 physical to you on the basis that she "ran off." In either event, it depends on just what you mean by "ran off"... and what were the circumstances of her running off. If she fled for safety for...

Q: I received a decision from a judge in my divorce. What form do I use to request a judgement (Placer County)

1 Answer | Asked in Family Law for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 recommend that you contact the court's facilitator's office for help in filling out the form. I would also recommend obtaining a copy of the minute order and if your court had the luxury of having its own...

Q: Do we need biological father's consent for adoption if we have full custody of the child?

1 Answer | Asked in Family Law for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 obtain the signature of the bio dad. I hope this is helpful.. Consult with a local family law attorney to assist you in the adoption process if there are facts supporting a court finding of abandonment....

Q: divorce. judge found both parties equally guilty of DV, issued mutual Restraining orders. Can mom receive spousal supp?

2 Answers | Asked in Child Support, Divorce, Domestic Violence and Family Law for California on
Answered on Nov 3, 2017
Martha Bronson's answer
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 party’s child, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any...

Q: Husband asking 50/50 custody of our 18 month old son and newborn daughter. What's the best parenting plan for them?

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Nov 2, 2017
Martha Bronson's answer
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 the best plan for them is something that a medical professional should address. It sounds like he has already filed for a hearing to have the court order overnight visitation. If he has, you need to...

Q: How can I force my husband to sell rental property so I can get money for attorney fees for my divorce

1 Answer | Asked in Divorce and Family Law for California on
Answered on Nov 2, 2017
Martha Bronson's answer
File a request for order and have the court ordered some of the property sold.

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