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California Family Law Questions & Answers
0 Answers | Asked in Family Law for California on
Q: there is a accusation against my son by his ex re: sexual abuse towards his son. investigator wants to speak to him ??

we are in the process of obtaining a attorney .. should he not talk to anyone or answer any questions until he retains an attorney

0 Answers | Asked in Family Law for California on
Q: what forms do i need to get guardianship of my children

I have had temporary guardianship since March 6, 2020 the stamp is expired however the children are still with me and I have no contact with the birth mother there is no father on the birth certificate I have not had contact with the grandmother on mom side. I have not had help in any kind of way,... Read more »

1 Answer | Asked in Family Law for California on
Q: If a support order was made as defined by the ffccsoa it should have CEJ, so I thought. Can a default judgment

Supersede the original order when its issued? And why would the county bother to registered the original order 20 years later? I wondering if its because the mother applied for welfare as a new applicant and didn't transfer her welfare case. Nor didn't she inform social services of her... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

Under the FFCCSOA (Full Faith and Credit for Child Support Orders Act), a support order made in one state should be given full faith and credit in another state as long as certain requirements are met. One of those requirements is that the order must include a CEJ (Continuing Exclusive... Read more »

1 Answer | Asked in Family Law and Divorce for California on
Q: Will California family court order retirement benefits to be paid after petitioner has passed away and no QDROs?

Petitioner’s lawyer failed to file QDROs on respondent’s defined benefit retirement plans. Marriage was bifurcated due to age and health of both respondent and petitioner. Judge’s orders on the bifurcation stated that QDROs needed to be filed all retirement plans. A year later, no QDROs... Read more »

James L. Arrasmith
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answered on Mar 18, 2023

In California, family courts have the authority to divide retirement benefits in divorce cases using a qualified domestic relations order (QDRO). A QDRO is a court order that allows the non-employee spouse to receive a portion of the employee's retirement benefits. If a QDRO is not properly... Read more »

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for California on
Q: What is the difference between propensity evidence and habit evidence?
James L. Arrasmith
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answered on Mar 18, 2023

In California, propensity evidence and habit evidence are both types of evidence that can be used in a legal case, but they are distinct concepts with different legal implications.

Propensity evidence refers to evidence of a person's character or disposition that suggests that they are...
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0 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for California on
Q: I reported a rape (Atascadero PD 222599) the DA office sent me a letter just this week. I want to go over it to see if..

The DA has said they will not prosecute my case. Can this be appealed? I need someone to read over my case and tell me if they see a chance for me to appeal the DA's decision. He is a dance instructor and I believe a serial rapist. he is illegally here. I think they are overpassing it because... Read more »

1 Answer | Asked in Family Law for California on
Q: l left my home 4 months ago with my 2 kids do to domestic violence, can he accuse me of kidnap

i never call the cops

James L. Arrasmith
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answered on Mar 16, 2023

If you left your home with your two children due to domestic violence, you have not committed kidnapping. Kidnapping is a serious crime that involves taking a person against their will, and you left your home with your children to protect yourself and your children from harm.

It is...
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2 Answers | Asked in Family Law for California on
Q: I was serverd with a RFO for custody modification. I was planning on my own RFO.

May I file my own RFO and attach it to my existing court date? I already filed my response in California.

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 15, 2023

Each separately filed Request for Order is assigned its own hearing date. You could file your RFO and then ask, after the fact, that the two dates be consolidated. But why bother? If your RFO is for the same thing - modification of custody, indicate what you want in your responsive declaration... Read more »

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1 Answer | Asked in Family Law and Juvenile Law for California on
Q: A minor boy12 innapropriately touched my daughter 3 years ago when she was 9 she is 12 and just tood me what can i do?

What can i do since he also is a minor he was 12 or 14 at the time i cant remember the boy lives in Texas but it happened in california.

James L. Arrasmith
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answered on Mar 15, 2023

I'm sorry to hear about what happened to your daughter. Here's some information that may be helpful:

Under California law, the statute of limitations for filing a civil lawsuit for childhood sexual abuse is generally within 8 years of the victim turning 18. However, if the abuse...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Hello,is it possible to reopen unfair divorce agreement to reinstate spousal support?

Been married for 25 years have 3 mutual children

James L. Arrasmith
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answered on Mar 14, 2023

Whether or not it's possible to reopen a divorce agreement to reinstate spousal support will depend on the specific circumstances of your case and the laws in your jurisdiction.

In general, if there has been a substantial change in circumstances since the divorce agreement was...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My Ex parte was Granted today

My wife served me with a TRO in A court, and in response, I filed an FL-100 at B court, which is also in LA county. I filed an ex parte request to transfer the TRO to my divorce case today, and it was granted. However, I was told by the court to serve the TRO to my wife as soon as possible, but I... Read more »

James L. Arrasmith
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answered on Mar 14, 2023

It's important to follow the court's instructions and serve the TRO to your wife as soon as possible, even if you do not know her whereabouts. If you are unable to serve her personally, you may be able to use substitute service methods such as serving her by mail or email, as long as you... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Can I request case transfer from "Van Nuys" court to "LA downtown" court?

My wife filed a Domestic Violence Temporary Restraining Order (DV TRO) against me in Van Nuys, and I was served. I also filed an FL-100 in LA, which is in the same county but has not been served yet. Can I request a case transfer by filing an RFO to Van nuys court even if the FL-100 has not been... Read more »

James L. Arrasmith
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answered on Mar 14, 2023

It is possible to request a case transfer from one courthouse to another, but the specific process and requirements will depend on the rules and procedures of the court where your case is currently pending.

In general, you may be able to file a motion or request for order (RFO) to transfer...
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2 Answers | Asked in Family Law and Child Support for California on
Q: my class A license was suspended in CA on 1/23/22 and i was never notified of this action , how can i get this lifted

my class A driver lic was suspended in california and i was never notified of this action , i found out about this when I went to get a new driver lic in the state I had recently moved to. I have been unemployed since August of 2022 and i havent been able to make a payment , and I am currently in... Read more »

Angeles Susi Carrion
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Angeles Susi Carrion
answered on Mar 13, 2023

You will need to contact DMV in CA to find out the reason for the suspension. Based on that information provided from DMV, you will know how to lift the suspension.

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1 Answer | Asked in Divorce and Family Law for California on
Q: My ex wife she taken all decisions for my 2 kids l have only visitors she is go to out from the country 4 times per year

And stay there for 3 weeks somthimes more her mom takes care of my kids and l pay her for the food what can l do

James L. Arrasmith
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answered on Mar 13, 2023

If you are concerned about your ex-wife's decisions regarding your children and her frequent trips out of the country, you may want to consider talking to a family lawyer about your legal rights as a parent. You may be able to seek a modification of your custody agreement to increase your... Read more »

1 Answer | Asked in Family Law for California on
Q: Is it possible to file for alimony online? Where can I find Bono attorneys?

I want to file for spousal support (alimony) I tried getting my name changed but was not able to due to divorce decree letter. I asked my ex if he can email or mail me the form I received the form and told it was not the correct form. He mailed another form that stated it was filed.

James L. Arrasmith
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answered on Mar 12, 2023

The ability to file for alimony online varies depending on the jurisdiction where you live and where the divorce was finalized. In some areas, it is possible to file for alimony online through the court's website or through an online portal. However, in other areas, you may need to file your... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How can I serve notice for an ex parte while under a no-contact order in my wife's TRO case?

I have a no-contact order in my wife's TRO case against me, and I'm planning to file an ex parte to transfer the case to another court where my ongoing divorce case is being heard. I will need to fill out FL-303, but I'm unsure how to give my notice to her. Can I mark "Unable to... Read more »

James L. Arrasmith
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answered on Mar 12, 2023

If you have a no-contact order in your wife's TRO case, you may be prohibited from contacting her directly or indirectly, including through email or text message. It's important to follow the terms of the no-contact order carefully to avoid potential legal consequences.

If you are...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: My TRO case has been consolidated with Divorce?

Wife left home 3weeks ago and is staying in the shelter or friend home unknown. She served me TRO (p.o.box address) her court is 50miles away and then I filed divorce in our hometown court. Wife's TRO hearing is March23. I also filed RFO for transfer wife's TRO to our court and the... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

Based on the information provided, it appears that the June 5 hearing is for the RFO (Request for Order) to transfer the TRO case to your hometown court. It does not appear that the consolidation of the two cases has been ordered yet.

If the RFO is granted, the TRO case will be transferred...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to serve DV-100 and FL-260 to Wife in the courtroom?

I don't know her whereabouts, but by chance, I'm going to meet her in the courtroom a week later via Bailiff. Do I have provide for the sheriff with Form DV-200 and FL-115 filled out with his sign section blank?

James L. Arrasmith
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answered on Mar 11, 2023

If you will be seeing your wife in court and you want to serve her with the DV-100 and FL-260 forms, you may be able to do so with the help of the court bailiff or a process server. Here are the general steps you should follow:

Obtain copies of the forms: You will need to obtain copies of...
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2 Answers | Asked in Family Law and Child Custody for California on
Q: Who can contact to have a court case file investigated for illegal actions made in court?

I want to have a legal expert to go over a previous DCFS case from 2018 to investigate illegal actions made by dcfs and the courts. One example there is physical evidence just accusations and the so called witnesses all have same statement word for word they lied and changed the sheriff's... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

If you believe that there were illegal actions made by DCFS and the court in a previous case, you may want to consider contacting an attorney who specializes in family law and has experience with challenging DCFS cases.

One option is to contact the California State Bar Association's...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Well, is it true in California even in a short marriage alimony must be paid?

My brother has been married for 5 years. The marriage is bad. She treats him really awful. He wants a divorce but his wife doesn't have steady income (real estate agent) so he's worried about the alimony, even if short lived. He has a lot of CC debt plus his mortgage takes most of his... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

In California, whether or not alimony (also called spousal support) is awarded in a divorce case, and for how long, is determined by the court based on several factors, including the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and the... Read more »

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