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
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
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
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
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
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
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?
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
(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...View More
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.