Get free answers to your Family Law legal questions from lawyers in your area.
In the process of a workers comp case which included mental health and being followed daily then I filed divorce and he became a sheriff by lies on both cases he and his mistress took all and continue lies
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024
In California, the statute of limitations varies depending on the specific offense. For fraud, including deceit and non-disclosures, the statute of limitations is generally three years from the date the fraud was discovered. If you believe you were deceived during your workers' compensation... View More 
What if that lien, after a court order to be removed immediately, stands for an additional five months no matter the excuse [in this case simple refusal]?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024
In California, an attorney can place a lien on contested property through a mechanism called an attorney's lien. This lien allows the attorney to secure payment for legal services rendered. However, the lien must be validly placed, and the attorney must follow proper procedures.
If a... View More
I reside in California and my domestic partner would like to add me to his job of 30 years health insurance plan. We were told he would have to change his plan to an HMO he has a PPO now. I am pretty sure if we were married he would not have to change his plan. As he had been married before, and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024
Under California law, health insurance plans provided by employers must treat registered domestic partners the same as spouses. If your partner's employer is requiring a change from a PPO to an HMO plan for adding you, it might be worth checking the terms of the insurance policy and the... View More
My spouse filed for dvro, divorce in Aug 2023. Dvro is granted after completing the trial in Mar 2024. Wife is having child custody and i am doing remote supervised visitations.
But after that, spouse and her attorney are not responding much on the divorce case. after multiple requests,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024
To expedite the divorce process in California, you need to take a proactive approach. First, document every instance where your spouse and her attorney have been unresponsive. This includes keeping copies of emails, letters, and any other communication attempts. Having a clear record will be... View More
When I file contempt in CA for non payments of court ordered child and spousal support, should I include the proof in my filing also (NCP 1099's) ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024
When filing for contempt in California for non-payment of court-ordered child and spousal support, you should include proof of the non-payments in your filing. This proof can consist of documents such as 1099 forms, payment records, or any other financial statements showing the non-compliance.... View More
When I file contempt for 3 years of child support in CA (36 counts), am I allowed to also file 36 counts on non payment of court ordered arrears also? There is a 3 month acceleration clause in paperwork.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024
Yes, you can file for contempt for non-payment of court-ordered child support arrears in California. Each missed payment can be treated as a separate count of contempt, similar to missed child support payments. Therefore, if there are 36 counts of missed child support payments, you can also include... View More
If I filed contempt for non-payments of child support in California, and then asked the judge to take it off of the calendar because an agreement had been made. Am I allowed to refile since NCP failed to adhere to the agreement?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024
Yes, you are allowed to refile for contempt in California if the non-custodial parent (NCP) failed to adhere to the agreement. California law permits you to take action again if the other party did not follow through on their obligations.
When you previously asked the judge to take the... View More
I've had no job for close to 8 years now and even though I'm looking for work and applying regularly for postings I have yet to be given work apart from once where I was quickly let go due to negative background check info. I've been married now for 8 years and have 2 other children... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024
Under California law, you may be able to modify or even suspend your child support payments due to your current financial situation. To begin, you should file a motion with the court to request a modification of your child support order. In your motion, explain your lack of employment, the length... View More
I have little to no money. I do not receive much social security. $400 month. My name is on our property along with his but that is all. Our property is paid off and we have no debt. My husband collects money from the V.A. Monthly plus extra because we are married. He recently had our Federal taxes... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024
Under California law, you are entitled to a fair share of the marital assets, even if they are in your husband's name. Community property laws dictate that assets acquired during the marriage are generally considered joint property, meaning you have rights to a portion of them. This includes... View More
I heard comments from the community.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024
Finding out if your domestic partner of 13+ years is working undercover can be a delicate matter. You might consider discussing your concerns directly with your partner, as open communication can often resolve uncertainties. If your partner is indeed working undercover, they may be limited in what... View More
Can they make me move out immediately if I have already paid the rent?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024
Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.
The new owner of the property must honor your existing... View More
My child father have supervise visit and have to do other tasks in order to visit our son for more than an hour. Since all he does is pay child support and does not visit can I move out of state without it being an issue with the court system?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024
Under California law, if you have sole custody, you generally have the right to move out of state with your child. However, you must notify the other parent and the court of your intention to relocate. The other parent has the right to contest the move if they believe it will negatively affect... View More
Today he found out that, even though his father promised him, he could live here and go to school and will not be with his sister anymore. His father sought to take him back and the judge ruled in his favor on case las (burgess , California “detriment”) As soon as he found out, he destroyed the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024
Under California law, when a child refuses to return to a parent as ordered by the court, it's essential to address the situation calmly and legally. Since the court has ruled in favor of the father, you are legally obligated to comply with the court's decision. If your son is refusing to... View More
person discovered why the protected person actually filed the TRO. The discovery is that the protected person realized they would be in hot water if they did not have an excuse for not showing up to work on time or at all the particular day they filed and went ahead and called into work claiming... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024
Under California law, you can potentially gather information from the employer of the person who filed the TRO to understand if they called in with claims related to domestic violence. One way to do this is through a subpoena, which is a legal document that can compel the employer to provide... View More
I'm in middle of divorce. Mediation fell through. My spouse has an attorney now advising her but not officially representing with substitution of attorney with the courts. I am not represented. The attorney representing her proposed moving the funds from the sale of our family home from escrow... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024
Under California law, the proposal to move the funds from the sale of your family home into a "client trust account" managed by your spouse's attorney raises concerns about impartiality and security. Client trust accounts are typically used to hold funds on behalf of a client, and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024
I'm sorry for your loss. Under California law, as a surviving child, you do have the right to request a copy of your mother's will. Typically, the executor of the will is responsible for providing copies to all beneficiaries and heirs.
You can contact the executor and request a... View More
I’m respondent. I requested continuance due to petitioner’s late service. I was granted continuance on 7/16, but fl309 shows that I have to serve her in person by 7/18 maybe because original
Court day was 7/22.
I’ve tried to set up meeting with petitioner arranged with my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024
You should file an "Ex Parte Application for Order for Alternative Service" with the court. Explain that you were unable to serve the petitioner in person because you do not know her physical address and she refused to provide it. Detail your efforts to arrange a meeting for service and... View More
I am representing myself against my employer, and I have a lot of support from former colleagues there, who are helping me out. My former employer's attorney threatened me with sanctions for communicating with them but Comment [3] to Rule 4.2 states that the rule "does not prohibit a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024
Under California law, Rule 4.2 of the Rules of Professional Conduct generally prohibits lawyers from communicating with a represented party about the subject of the representation without the consent of the party's lawyer. However, this rule does not apply to a party who is representing... View More
Four hours during our visitation time the other parent gets asked first to come for my daughter. He chose the visitation time he received but he leaves her with his sister or mom every visit for over four hours. We got a custody order but He still has said many negative comments to her such as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024
In California, if your ex-partner is not adhering to the terms of your mediation agreement and custody order, you have a few options to address this. Firstly, document every instance where he violates the agreement, including dates, times, and details of the events. This includes negative comments,... View More
Can I refuse to verbally communicate with my ex? I personally only want to communicate through the talking parents app but he insist that part of our divorce settlement he wants to communicate through our personal cellular (text and phone calls). I don’t want to because throughout the marriage he... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
Yes, you can request to communicate only through the Talking Parents app, especially if you have concerns about your well-being due to past abuse. The app is a legitimate way to keep records of communication, which can be beneficial for clarity and legal purposes.
If your divorce settlement... 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.
