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California Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Action Needed After Granting Spouse's Request and Resulting PPA Cancellation

I recently attended an RFO custody hearing where the Court ordered me to make a full payment for the Parenting Plan Assessment (PPA) due within 21 days from the date of the hearing. This PPA was scheduled to take place 5 months later.

The primary dispute in our custody battle was to... View More

James L. Arrasmith
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answered on Sep 22, 2023

Under California law, if you have already reached an agreement with your spouse regarding the custody arrangement, and the PPA is no longer necessary, you should promptly inform the court about the resolution and the cancellation of the PPA. You can file a stipulation or motion with the court to... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: if my divorce isn't final yet and a friend buys me a car is that going o be considered community property?

I'm in California

James L. Arrasmith
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answered on Sep 21, 2023

Under California law, all property acquired during the marriage is presumed to be community property unless it can be traced to a separate property source. If a friend buys you a car while your divorce is pending, the car may be considered community property if it's not clear that the gift was... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Urgent Advice Needed on Parenting Plan Assessment Payment Issue?

22days ago, during RFO custody hearing, the court issued a verbal order regarding a Parenting Plan Assessment and payment of a fee of $975. I understood that the deadline for this payment would start once the Proposed Order was signed. and both parties are still in "Meet and Confer"... View More

James L. Arrasmith
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answered on Sep 21, 2023

Certainly. In California, when faced with such an oversight, you may want to promptly file a Declaration explaining the situation, emphasizing your self-represented status, your understanding of the payment timeline, and your commitment to promptly remit the fee. Additionally, you can request the... View More

1 Answer | Asked in Family Law, Civil Rights and Divorce for California on
Q: Should I write a demand letter to the judge in my daughter's divorce case requesting payback for spending my money?

My money was being held in their account and they spent it all without my consent or knowledge. Their divorce is almost done they sold their home and have the money in a trust until case settles.

James L. Arrasmith
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answered on Sep 19, 2023

In your daughter's divorce case in California, it is not appropriate to write a demand letter to the judge. Instead, you should consult with an attorney to explore legal options for recovering the money that was spent without your consent or knowledge. Your attorney can advise you on the... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: How to calculate a fair and reasonable spousal support?

My wife petitioned for divorce and we want an agreement for our divorce. I am the breadwinner, and my wife receives disability. How to calculate spousal support? Does the judge modify it even if the parties agree?

T. Augustus Claus
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answered on Sep 19, 2023

In California, calculating spousal support considers factors like the length of the marriage, the earning capacity of each party, contributions to the household, the established standard of living, health, age, total assets and debts, tax implications, instances of domestic violence, and the goal... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: My husband divorced me after 20 years of marriage without my consent and did not serve me papers

I did not know I was divorced until many years later when I found out he was cheating on me and I went to an attorney to get legal advice. I was told he got all the assets and full custody, my two younger kids were 15 and 13, he never gave me a penny for alimony and used my kids against me esp my... View More

James L. Arrasmith
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answered on Sep 19, 2023

If your husband divorced you without your knowledge and consent, it may be possible to challenge the validity of the divorce proceedings in California. You should consult with an attorney to review the specific details of your case and explore potential legal actions, such as seeking to nullify the... View More

2 Answers | Asked in Divorce for California on
Q: Ex spouse lied on disclosures and judgement in Defaulted divorce to avoid paying alimony. Can I appeal 3 yrs later?

I'm petitioner and new biased judge unfamiliar with case struck my petition right before trial. Signed judgement exactly as defendant wrote it. Spouse also lied about house equity of $150k and had attorney giving advice and preparing documents while in-pro-per. Cut me off from all money, I... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 17, 2023

Assuming you were served with a copy of the judgment when it was entered, your time to appeal or have the judgment set aside has probably expired.

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0 Answers | Asked in Child Custody and Divorce for California on
Q: I’m in divorce process since 2014 and been seperated since 2016 how can I push divorce foward.

We share three minor children I have physical custody and share joint. Father never complied with court order and they are 100% of time with me can I relocate . Also father recieved settlement and my signature was required for payment . I didn’t ask amount or details and wanted nothing to do with... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: When is the DissoMaster Used in Child and Spousal Support Cases?

In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More

Aylin Acikalin
Aylin Acikalin
answered on Sep 20, 2023

Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: I live in Los Angeles ca I have 4 kids and want to divorce my husband how can I start the process

I want to leave and the same day u leave I want to leave to Texas that is we’re I have my mom and family for help.

James L. Arrasmith
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answered on Sep 14, 2023

To start the divorce process in Los Angeles, California, you can:

1. Consult with an attorney or a self-help center to understand your legal rights and options.

2. File a Petition for Dissolution of Marriage with the local family court.

3. Serve the divorce papers to your...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Family Court really considers child's interest only?

In my ongoing family law case, my wife might be bypassing proper service protocols:

(1) I didn't receive Document A via email on Aug 28th, but it was presented in court as if I had.

(2) I got Document B on Sep 5th, yet their declaration claims service on Aug 31st.

(3) I... View More

James L. Arrasmith
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answered on Sep 13, 2023

In California family law cases, the court indeed prioritizes the best interests of the child, but that does not excuse parties from adhering to procedural rules, including proper service of documents. Given the discrepancies you noted, you can indeed request the court to mandate a more reliable... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Unpaid, wage garnishment alimony from Boeing/ex husband

August -2nd alimony ( court ordered, wage garnished )pmt missed on Aug 17th.

Ex states it was taken out of his chk. No proof of that.

I have tried for 22 days to find resolution through him and Boeings "Work-life". Both - no help.

How do I get this resolved... View More

James L. Arrasmith
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answered on Sep 9, 2023

In California, you have the right to pursue enforcement of a court-ordered alimony arrangement. You may consider filing a contempt action against your ex-spouse in the appropriate family court. The court has the discretion to award attorney's fees in contempt actions, so it is possible, but... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Boeing hasn't paid my alimony for August.Court appointed garnishmentCan't get help from Boeing /ex.

It's 22 days late and I have tried getting help from various departments at Boeing.

My ex states it's removed from his check and it's my issue to get it resolved.

Isn't it his responsibility due to it being court appointed?

Is there a penalty for being late?

James L. Arrasmith
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answered on Sep 9, 2023

In California, if there is a court order in place that mandates wage garnishment for the purpose of alimony, it is generally the employer's responsibility, in this case, Boeing, to ensure the correct amount is deducted from your ex's paycheck and transferred to you. If the payment has not... View More

1 Answer | Asked in Divorce, Family Law and Immigration Law for California on
Q: I'm on H4 visa in CA from last 14 years. I'm seeking legal advice if I can file divorce and what happens to my status?

My kids are citizens here

James L. Arrasmith
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answered on Sep 8, 2023

You can file for divorce in California even if you are on an H4 visa. Your immigration status should not be directly affected by the divorce itself. However, it's essential to consult with both an immigration attorney and a family law attorney to understand the potential implications on your... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Can my spouses attorney charge me for not taking their relator referral?

I am going through a divorce and my spouse and I have agreed to put the house up for sale. My spouses attorney called me because I declined to take their referral for a relator because they were inexperienced and not local. They called me and said that they were going to charge me fees for denying... View More

James L. Arrasmith
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answered on Sep 6, 2023

Under California law, your spouse's attorney generally has no basis to charge you fees for declining their realtor referral. In a divorce proceeding, each party is generally responsible for their own legal fees, unless there's a court order directing otherwise. Before making any... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Who can help me? Ex refuses to pay alimony and gives me my half of the communal property. He also filed a FL300.

Are there any divorce lawyers who could help me with my divorce case?

Our marriage dissolution petition was officially filed on 03/06/2023. We received the court order from the San Mateo County Superior Court. The order issues to following: our marriage ended on 7/20/2023, alimony from... View More

James L. Arrasmith
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answered on Sep 5, 2023

You can seek assistance from a family law attorney to help you navigate the complexities of responding to an FL-300 and ensuring you receive your court-ordered alimony and share of community property. Given your financial limitations, you may also want to consider reaching out to legal aid... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Seeking Wife's Address for IEP and Custody Concerns

Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about... View More

James L. Arrasmith
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answered on Sep 5, 2023

Under California law, you may be able to use the "meet and confer" process, outlined in your custody arrangement, to directly request your child's current address from your wife or her legal counsel. Another avenue could be to subpoena the school or the YWCA for the relevant records,... View More

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1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Military Law for California on
Q: In Case law #22-1099, McAnuity v McAnuity,, 10th Cir.2023, issue:Was a stated case made 4"unjust enrichment' ?

District Ct. dismissed. Appeal-made; 10th Cir CT of appeals predicted CO.Supreme CT of endorsing illustration 26 in Comment g & 48 of "Reinstatement (3rd) of Restitution ON & Unjust Enrichment (Am L. Instit. 2011)(The Reinstatement)(3rd)as cause of action; Col Sup Ct WOULD endorse Ill.... View More

James L. Arrasmith
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answered on Sep 3, 2023

Given that the case you're referencing pertains to the 10th Circuit and Colorado law, California law might not be directly applicable. However, generally speaking, unjust enrichment claims can be brought against an estate if the decedent received benefits to the detriment of another. Whether... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Preparing for PPA Hearing?

I'm currently preparing for an upcoming PPA hearing due to consistent disagreements over our child's custody. We had a temporary 50:50 custody arrangement, but our hearing has been rescheduled for 6 months from now. On the day of the hearing, the judge has set a timeline where a custody... View More

James L. Arrasmith
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answered on Sep 3, 2023

(1) In a 3.5-hour assessment, a custody evaluator may focus on observable interactions between the parents and the child, the home environment, and specific needs related to the child's autism, such as communication skills and routines.

(2) While the evaluator's opinion can carry...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Can you tell me the difference between divorce judgement and termination date in the sate of CA?

I have a divorce Judgement on file for the date of august 25th,2023. however on form FL-180 it states that "marital partnership status is terminated and the parties are restored to the status of single persons on 11/06/23"

11/06/23 is the 6months from date of notice.... View More

James L. Arrasmith
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answered on Sep 2, 2023

In California, the date of the divorce judgment and the date the marital status is terminated can be different. The judgment is the court's final decision on the terms of the divorce, whereas the termination date is when the parties are legally considered single. For the matters you described... View More

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