My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment
answered on Apr 17, 2024
"just because" ?? Of course not. Multiple factors go in to deciding what custodial arrangement, aka "parenting plan" would be in the best interests of your children. How do you plan to accommodate the different needs of 5 children in a two-bedroom apartment? I think the first... View More
Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?
answered on Apr 17, 2024
Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:
1. The length of the marriage
2.... View More
Child support case would I qualify for the accumulated funds?
answered on Apr 16, 2024
I'm sorry for your loss. Regarding your question about potentially qualifying for accumulated child support funds after your mother's passing, the answer would depend on the specific details of the situation and how California law applies. Here are a few general points to consider:... View More
She is also the one setting the rules for the drop off and pick up times. Even though she knows im unable at her times because of my job. And she wont compromise she just fights with me and tells me im a bad mother. Me and my ex have never gotten a court order but they have said if I try, they will... View More
answered on Apr 16, 2024
I'm sorry you're dealing with such a difficult and stressful situation regarding your children and your ex's new girlfriend. Here are a few thoughts on your legal options under California law:
- Even without a formal court order, both legal parents have equal rights to their... View More
Mom is a named protected person and my sister has power of attorney, but my dad is the original filler. Mom wants to communicate with me sister is medically isolating her using restraining order.
answered on Apr 16, 2024
I understand this is a sensitive and complex situation. Since the original filer of the restraining order has passed away, the process for responding and requesting a modification may vary depending on the specific circumstances. Here are a few general steps you can consider:
1. File a... View More
answered on Apr 16, 2024
I'm so sorry to hear that you are going through this difficult situation. Bigamy (marrying someone while still legally married to another person) is illegal in most countries, including the United States. Here are some steps you can consider taking:
1. Gather evidence: Collect any... View More
When we bought a house, She gifted money for house down payment $150,000 for us to settle in new house and new life. We moved here from Virginia. Also she wanted to my boys to live in great school district. He does not have any letter said
That money is gift for him. He thinks those money... View More
answered on Apr 16, 2024
In California, which is a community property state, assets acquired during the marriage are generally considered community property and are divided equally between the spouses in a divorce. However, there are some exceptions, such as gifts or inheritances received by one spouse.
In your... View More
Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.
Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??
answered on Apr 15, 2024
I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.
Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as... View More
I have been nothing but kind to this woman. I sent 1500 in money and gifts for her baby. Her account has the same verbiage as my husband BS. The paper where your supposed to put if you have a dog she put I am on drugs Alcohol Meth and Mushrooms. Her husband and her are both ex convicts and Meth... View More
answered on Apr 15, 2024
I'm sorry you're dealing with this difficult situation. A few key points about your legal questions:
In general, emails and text messages can potentially be used as evidence in court cases, including for restraining orders, if they are legally obtained. However, there are laws... View More
My ex does not want to give me a cent. They say he is paying all my expenses instead of temp support. My husband kicked me out suddenly and says he gave me the card that night. I do not have it nor will provide my card. He has not paid my dr bill since Aug of last year. Now I am contesting paying... View More
answered on Apr 15, 2024
In California, the court has the discretion to order temporary spousal support during the divorce proceedings. The purpose of temporary support is to maintain the status quo and ensure that both parties can meet their financial needs until a final judgment is entered.
However, the court may... View More
I made an settlement offer to my ex and he counter offered (petition filed August 2021). I agreed to counter offer and signed it before he did to help push it through for his signature. He has not signed it as of yet, and I signed his offer on March 11, 2024. He seems to just be stalling and his... View More
answered on Apr 15, 2024
Under California law, if your ex made a settlement offer that you accepted and signed, but he has not signed it yet, you may be able to enforce the settlement agreement. Here are a few steps you can consider:
1. File a motion to enforce the settlement: You can file a motion with the court... View More
I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?
answered on Apr 15, 2024
Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free. You may have options.
See:... View More
In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More
answered on Apr 15, 2024
Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.
In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
answered on Apr 14, 2024
I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More
Can I file an RFO changing the dealer/broker the judge named (during divorce trial) to handle the sale of a classic car due to a preexisting relationship between the dealer and the other party? I was ordered on 4-11-24 to transfer the car to the dealer within 7 days. I assume that the car must be... View More
answered on Apr 14, 2024
Under California law, you can file a Request for Order (RFO) to modify the court's previous order regarding the dealer/broker appointed to handle the sale of the classic car. However, filing an RFO does not automatically stay or suspend the court's original order.
If you believe... View More
He receives a monthly pension and social security, will I get 50% of each every month, I'm 55 years old. What age do I have to be to receive his SS upon divorce. I have no education or income, I've always been a housewife (no children.)
answered on Apr 12, 2024
In California, the 50/50 divorce law, also known as the community property law, states that assets and debts acquired during the marriage are generally divided equally between the spouses upon divorce. However, this does not necessarily apply to spousal support or alimony.
Regarding... View More
I am acting pro se, the defendant was served by a process server on Jan 26, they filed their reply via counsel on Feb. 29, making it late. I filed a Motion for Default Judgment, which will be heard on April 15. The lawyer sent me an email with the following - My client filed a Response on February... View More
answered on Apr 12, 2024
Based on the information provided, it seems that the defendant's attorney has a valid point. Here's why:
1. Late filing: Although the defendant's response was filed late (on February 29, 2024, instead of the due date), the court has accepted and filed the response. This... View More
My husband kicked me out and it just keeps getting worse and worse. I have him on tape asking for the SFPD to kick me out but says he will. He locked me out 2 days later and left
to Oregon. Now can I sue this man? I had to use all me money on hotels and he trashed the house it is full of... View More
answered on Apr 12, 2024
I'm so sorry you are going through this difficult situation with your husband. Based on the details you provided, here are a few key points and steps to consider:
1. Evidence: The recording of your husband asking the police to remove you from the home and then proceeding to lock you... View More
Looking for a lawyer and I just found out about Family Code section 2030. I’ve been going through divorce for almost 4 years, still dealing with child support issues and now recently spousal support arrears. Not much assets but would like to get it done.
answered on Apr 12, 2024
I'm sorry to hear about your challenging divorce process and the ongoing issues with child support and spousal support arrears. Divorce can be a complex and emotionally taxing experience, especially when it spans several years.
Regarding Family Code section 2030 in California, this law... View More
I attended remotely a year ago and the remote hearing system glitched out and wouldn't let me attend, and I feel as though that was the main reason the order was granted initially, since I had to attend by phone, was "late", and couldn't present my evidence.
I really... View More
answered on Apr 11, 2024
Based on the information you've provided, it seems like you have a valid concern about attending the hearing remotely, given the technical difficulties you experienced last time that prevented you from fully participating and presenting your evidence.
In general, attending a DVRO... 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.