Under California law, to terminate a guardianship and regain custody of your children, you generally need to file a petition with the court that originally established the guardianship. This petition should clearly state your reasons for seeking the termination of the guardianship and demonstrate...View More
In California, during a trial for support orders, it is common for both parties to provide financial information, including W-2 forms, to accurately determine income for support calculations. This information is typically required to ensure a fair and informed decision by the judge regarding...View More
In California, child support calculations primarily consider both parents' incomes and the time each parent spends with the child. Since you're the higher-earning parent and the primary custodian, there's a possibility that the child support arrangement could be adjusted in a way...View More
Mother and father No 1. had child No 1. Mother files action and is awarded sole child custody and support. Mother has a 2nd child with father No 2. And Mother . Then Mother files an action on father No 2. for child custody and support of both child No 1 and Child No 2.
In California, Father No. 2 has several options in response to a child custody and support action filed by the mother. First, he can respond to the custody action by filing his own petition for custody and visitation rights. California law prioritizes the best interest of the child, which includes...View More
In California, if your wife voluntarily appeared at the first hearing without being formally served, she may have waived service of the divorce filing. The court generally requires formal service to ensure that both parties are aware of the legal proceedings.
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
"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
I am required to pay child and spousal support to my wife. Recently, due to a high-conflict situation with my wife regarding our child’s schooling, the judge ordered the appointment of minor’s counsel during our last hearing. Consequently, I am expected to pay $2,000 monthly for the child’s... View More
In California, the cost of minor’s counsel is typically considered a 'discretionary add-on' by the court for child support purposes. This means that the court has the discretion to order one or both parents to pay for the minor’s counsel in addition to the basic child support...View More
I was paying for the support of my son while he was with me 100% of the time for 4 months and it was reported to them and they didn't adjust it or do anything. Kept taking the full amount until I had to go into the office and beg for them to do something. And now they are telling me that the... View More
Under California law, child support orders can be modified based on changes in circumstances, such as when the child primarily resides with the paying parent. If you believe that the child support agency has acted negligently or improperly, you have the right to seek a modification or adjustment of...View More
She makes more than I do, and hides the side business. I’ve had full legal/physical custody up until summer. (I didn’t ask her for child support for the last 7yrs) We share custody now. She failed to add her side business income. What can I do? Can she get into trouble for not reporting it?
Under California law, both parents are required to provide accurate income information when determining child support obligations. If she intentionally omitted her side business income, this could be viewed as misrepresentation. You have the right to request a modification or reconsideration of the...View More
Under California Code of Civil Procedure (CCP) § 664.6, the court may enforce a stipulated settlement if the parties have agreed to it in writing or orally before the court. For the agreement to be enforceable under this section, it generally requires the signatures of the parties involved....View More
Divorce with minor children, he has been hiding income and refusing or neglecting visitation against court orders. I also requested spouse support as we were married for 9 years and 6 months. All assets he sold or got forclosed
In California divorce proceedings, if the defendant fails to file a trial brief, financial disclosures, or an exhibit list, it could have several implications. First, not providing a trial brief might place the defendant at a disadvantage by not clearly presenting their case or arguments to the...View More
We shared a home & expenses 2011-2021. 2 kids 2017 & 2020. I have sole legal & physical custody w/visitation. No monies for kids as of Aug 2021. Why not back pay to then? The kids aren't a new situation. Why is there a pause in his responsibility?
In California, child support is typically not retroactive to dates before the filing of the request for support. However, the court can order support retroactive to the date of filing. When presenting your case to the judge, it's essential to provide documentation and evidence showing the...View More
He said it…but doesn’t want it…I’m just lost it was unexpected, I need to protect myself & kids should he follow through, my kids come first. It’s my first one, he’s an expert in divorces. So I need guidance
I'm sorry to hear about your situation. When seeking a divorce involving military personnel in California, there are specific legal nuances to consider, especially with respect to benefits, pensions, and jurisdiction. It's important to find an attorney experienced in both California...View More
My mediation order is very clear. It states I will have visitation on odd year holidays. My child’s mother is refusing to give her to me this year (2023) Halloween and has refused to allow visitation for her birthday this year (2023) as well.
In California, if you have a court-ordered child custody or visitation order, law enforcement may assist in enforcing it. Sacramento County is no exception. If a party violates the order, you can contact the local police or sheriff's department with a copy of the court order in hand. They may...View More
My daughter lived with me for a year. She went to her moms for a visit and her mother decided to take her back. My daughter was fine with this so I was as well. But now I haven’t spoken or seen her in 3 months. Every time I ask her mother to have her call me she agrees but I never get a call.... View More
In California, if you have a valid court order for visitation that the other parent is violating, you may be able to seek law enforcement assistance in enforcing the order. However, law enforcement officers often prefer not to get involved in civil matters unless there's a clear indication of...View More
I am currently reviewing my wife’s ex parte application (FL-300). The attorney for my wife, identified only by her first name (Jane) and last name (Doe), without any title (such as “on behalf of”), has signed in the “Signature of Applicant” section on page 4 of the FL-300 form. The ex... View More
It is a little disconcerting to me that the signature was from "Jane Doe." That alone seems suspicious. While an attorney may sign an FL-300 on behalf of a client, the name of the "Jane Doe" is indeed quite suspicious to me. I would investigate this issue further and raise this...View More
In California, at the age of 16, a minor does not have the legal authority to unilaterally decide where to live. Custody and visitation arrangements are typically determined by court orders. If you wish to modify the custody arrangement and your daughter's mother does not agree, you may need...View More
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
The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with...View More
Under California law, if your father has not made child support payments for a year despite a legal agreement, he may face consequences such as wage garnishment, driver's license suspension, or even contempt of court charges. It's important to consult with an attorney to address this...View More
Under California law, child support and alimony (spousal support) are determined using different formulas and factors. The receipt of alimony by a parent does not directly factor into the calculation for child support. However, the total income of both parents, including alimony received or paid,...View More
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