our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.
In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?
answered on Apr 2, 2024
If you are seeking to advance your hearing from July to April, you'll need to file the FL-300, FL-303, and FL-305, in addition to any local forms required. Since you are not seeking to modify ex-parte orders, the FL-307 is not required, you are only seeking orders on an ex-parte basis.
The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More 
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answered on Mar 21, 2024
In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More
Child support modification is in place since I have physical custody now and have had it since over a year. My question is can the spousal support money be garnished to cover my arrears I have or is that separate.
I do plan on paying my arrears but I’m afraid they would take the full... View More
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answered on Mar 3, 2024
In California, the law prioritizes child support obligations over spousal support. This means that if you have arrears on child support, it is possible for your spousal support payments to be garnished to cover these arrears. The state's child support enforcement agency has the authority to... View More
My divorce is going on almost 4 years. I originally had a lawyer who my dad paid for but with all the fees he wasn’t able to continue paying. I’m currently self represented but have been unable to enforce child support and spousal support on my own, hopefully I can finish getting divorce. So... View More
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answered on Mar 3, 2024
Finding affordable legal assistance can be challenging, especially when dealing with complex family law issues like divorce, child support, and spousal support. In California, there are several resources available to individuals with low income who require legal assistance. Legal aid organizations,... View More
Stepdaughter is not and has not paid her student loans I co-signed. Her father sent me a statement saying he would pay her loans which I have. He has not paid anything. I haven’t spoken to stepdaughter in 10 years. No idea where she is and her father won’t tell me.
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answered on Mar 1, 2024
Under California law, the written statement from your stepdaughter's father, where he commits to paying the student loans, could potentially serve as a binding agreement, depending on its specific wording and the context in which it was made. If it clearly outlines his intention to take over... View More
I am representing myself (in pro per) in a child custody case. My ex-wife has a free attorney from legal aid. I requested RFO Mod custody and we recently had a custody modification hearing where the judge's rulings were more favorable than my requests.
During previous three hearings... View More
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answered on Feb 27, 2024
Under California law, particularly referencing Rule 5.125, you as a pro per litigant (representing yourself) have the right to prepare and file a Findings and Order After Hearing (FOAH) following a custody modification hearing. This rule applies to all parties involved in a case, regardless of... View More
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answered on Feb 22, 2024
If your ex-wife has filed a 529 form while you have an ongoing child custody court case, it likely means she is trying to establish or modify legal and physical custody of your children as well as child support. Here are a few key things to know about the 529 form:
• Form 529 is used in... View More
On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More
answered on Feb 16, 2024
Hi there,
it would be best to request a hearing to get the orders corrected. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or... View More
I was never informed of this case. My wages were not garnished no bill in the mail. I had no way of knowing that I should be paying. For a whole year I was racking up this debt and no body told me about it. Now looking at the order that was filed it has wrong information on it. It says I have no... View More
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answered on Feb 21, 2024
If your tax return was seized for arrears related to child support or other debts, there may be avenues to contest the seizure and potentially recover some or all of the seized funds. It's concerning that you were not informed about the case or given an opportunity to address the arrears prior... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
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answered on Feb 13, 2024
If your ex has claimed to have lost his job before your child support hearing in California, the court will likely investigate the circumstances surrounding his alleged unemployment and assess his current financial situation to determine his ability to pay child support. The fact that the court... View More
Me quiero divorciar de mi esposo, el tiene una amante desde hace un año y medio, y en ese tiempo ha habido abuso psicológico, fisico/jalones por ambas partes al quererme defender, yo no tengo trabajo y el se aprovecha de eso para dominar la situación ya que no tengo a donde irme ni un... View More
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answered on Feb 21, 2024
Under California law, you have several options to protect yourself and your children, and to seek a divorce from your spouse. First, consider contacting local domestic violence shelters or organizations. These groups provide emergency housing, legal advice, and support services for individuals in... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 16, 2024
A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.
The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is... View More
I currently have a custody agreement that states my children will be with me 43% of the time (3 days a week). However, the courts gave our oldest son (17 years) the right to choose when and where he stays. He has now decided to stay 100% of the time with his mom. My ex wants to redo our child... View More
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answered on Feb 21, 2024
In California, child support is determined based on the amount of timeshare provided for in the child custody court order, not on the actual time the child spends with each parent.
Since your custody order provides that the children, including your 17-year-old son, are with you 43% of the... View More
Can I have the original child support order reopened?
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answered on Feb 8, 2024
Yes, in California, if your ex-husband has not honored an agreement related to child support, you generally have the option to seek enforcement or reinstatement of the original child support order through the court. If the case was officially closed with the court, you would need to file a motion... View More
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answered on Feb 1, 2024
If you're struggling to afford child support and it's affecting your ability to get your driver's license reinstated, you may benefit from legal assistance. An attorney can help you navigate the legal process in California to address your child support issues.
You should... View More
I have filed a Request for Order (RFO) for custody modification in Los Angeles County.
Ahead of the RFO hearing, a mediation has been scheduled two weeks prior to the custody hearing.
If I hire an attorney, can my attorney accompany me to provide coaching or listen to the... View More
answered on Feb 1, 2024
Anytime someone files a RFO related to custody, the court automatically schedules a mediation. This is a free service provided by the LA superior court. The parties attend WITHOUT legal counsel. Parties are not permitted to bring an attorney with them to these mediations. You of course are free... View More
Please let me know what I can do
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answered on Jan 30, 2024
In California, if you have been paying child support arrears for forty years and are facing additional charges for missed payments, it is essential to understand your rights and options. California law stipulates that child support arrears accrue interest, and missed payments can significantly... View More
I recently secured a full-time position as a W2 employee. Last year, I was self-employed as a 1099 independent contractor, with no W2 income. In the context of modifying child support, how does California family law consider self-employment income that no longer exists, given that I am now fully... View More
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answered on Jan 25, 2024
In California, when it comes to modifying child support, the court primarily looks at the current income and earning capacity of both parents. If your self-employment income has ceased due to your new W2 employment, this change in circumstances is significant and relevant for your child support... View More
She gave them to her brother he was cleared to keep them but she is keeping the kids money and will not budge is there any advice u can give me he would file the paperwork to switch the payments to his name but if he does it will put a hold on the payment for 2months they have been struggling to... View More
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answered on Jan 24, 2024
In California, when a custodial change occurs, it's important to update the appropriate agencies about this change, especially regarding financial matters like child support or benefits. If your nephew has legal custody of his siblings, he should be receiving any funds allocated for their... View More
Even tho the mother tried to child support me but was denied since I had receipts of Al the things I provide such as clothes, food, school supplies etc. can they try to child support me again and how can I prevent them from getting any money from me
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answered on Jan 23, 2024
If the grandmother has legal guardianship of your child and physical custody, she may be able to pursue child support from you as the parent. Some key considerations:
- Legal guardianship often grants the guardian rights like a parent, including the right to decide where the child lives and... View More
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