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We have a DV case has monitored visitations his mother is the one monitoring. He is trying to modify the visitations but has only seen him 8 times since June 28, 2023. Has not financially supported my son in almost 5 years, isn’t complying with the child support order since back in November 2023.... View More 
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answered on Sep 25, 2024
When you go to court, it's important to present clear evidence about how the father's actions have negatively impacted your child. Since he has not consistently participated in visitations and has failed to comply with child support orders, highlight these issues. Emphasize the emotional... View More
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answered on Sep 25, 2024
To seek an adjustment for spousal support in California, you'll need to demonstrate a significant change in circumstances since the original order was made. Changes can include job loss, a substantial decrease or increase in either party's income, or changes in the needs or health of... View More
I was arrested but never charged or interviewed. in 2019 my ex accused me of threatening her. Spent 4 days in jail. They took my son from me and all my rights. Never saw a judge or anything. In 2024 after filing for more visitation. My ex accused me of my son. Again CPS was called i spoke to them... View More
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answered on Sep 24, 2024
It sounds like you're going through a really tough time, and I’m sorry for what you’re experiencing. In California, it can be difficult to get access to police reports when you're considered a suspect in a case, even if the allegations were unfounded. This often happens because law... View More
So my mother was charged for my fathers death her attorney had a judge who was supposed to be hearing cases hear her case She was charged gross vehicular manslaughter reduced from a felony to an infraction charge They sealed her file and later on purged her file so a judge who is a former law firm... View More
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answered on Sep 23, 2024
It sounds like you’re dealing with a very complex situation, and it must be frustrating to feel like the system hasn’t addressed the issues you raised. From what you’ve shared, the judicial proceedings around your mother’s case and your own conservatorship appear to have had several... View More
If so, can I count as independent status for FAFSA
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answered on Sep 23, 2024
Enlisting in the U.S. Army Reserves at 17 in California does not automatically emancipate you. Emancipation in California typically requires a court process or getting married, and joining the military is not enough on its own. To enlist at 17, you would also need parental consent, further showing... View More
My 16 year old wants to live with the father but my youngest don’t how will the child support work in this case
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answered on Sep 22, 2024
It is possible. Child support is based on the percentage of time each of you has the children and your respective incomes. For example, if you make very little money and he was very wealthy, he may have to pay child support even though he had both children the majority of the time. The same works... View More
Motion to vacate DVRO was dismissed With Prejudice and I am assuming it was due to me not appearing, but I tried to connect through Courtcall as I was approved for it and I wasn't successful. Courtcall didn't have my name listed and they said I have to pay $72 which I wasn't told... View More
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answered on Sep 20, 2024
You may still have options to challenge the DVRO despite the dismissal with prejudice. Since you now have new evidence that wasn't available at the time, you can file a motion for reconsideration under California Code of Civil Procedure section 1008. In this motion, you will need to explain... View More
My attorney sent me substitution of attorney form which I signed. It has been 1 week and she has not returned the stamped copy to me. Also, she has not returned my file to me. They are telling me the form has not been returned from court yet. Does it take so long to get the form from the court?... View More
answered on Sep 20, 2024
Depends on the court. With some court (such as Los Angeles county), a Substitution of Attorney can be turned around the same day it is efiled. If you need it to hire new counsel, just get the signed (fully executed) copy from your attorney (whether filed or not). That will be sufficient for... View More
The proposed MSA: Family Code §5616: The parties acknowledge that they have been advised that: In the event that there is a contract between a party receiving support and a private child support collector, the party ordered to pay support must pay the fee charged by the private child support... View More
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answered on Sep 19, 2024
In your situation, while your ex may agree to forgive your arrears in exchange for stopping child support and spousal support garnishment, the final outcome depends on whether the court approves the agreement. A judge will review the MSA (Marital Settlement Agreement) to ensure that it complies... View More
in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$... The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received... View More
answered on Sep 19, 2024
Not sure what you mean by "released your rights". You cannot relinquish your parental rights unless your child is being adopted. Your obligation to pay child support/to financially support your child remains enforceable regardless of what agreements you may have reached with the other... View More
I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending ?... View More
answered on Sep 19, 2024
If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support... View More
I was added to property title after a trust was created. In the trust, the property is listed as separate. Who does it go to when the original property owner dies?
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answered on Sep 18, 2024
When the original property owner passes away, the distribution of the property depends on the terms of the trust. If the property is listed as separate in the trust, it will be treated according to the instructions outlined in the trust document. This could mean the property is given to specific... View More
The court mediator, recommended immediate return to mom,but his lawyer said she was bias, and they file new laws everyday, they don’t serve me, and got my trial date moved to next year. How can I quickly reverse or dismiss this, based on no due process, fact finding, no service, no evidentiary... View More
answered on Sep 19, 2024
First off, get your own attorney right away if you have not done so. This is not a situation you want to try to handle on your own.
With the attorney you can discuss if a motion to advance, new trial date or emergency motion is the most appropriate action. If you have any evidence that... View More
I am representing myself in California divorce action. I need to send subpoenas to banks, his employer, his pension and retirement funds. If I had an attorney, I understand issuing a subpoena would be easy, but since I’m representing myself, do I have to file something and actually ask a judge or... View More
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answered on Sep 16, 2024
When representing yourself in a family law case in California, you can issue a subpoena, but there are specific steps to follow. You don’t necessarily need to get a judge's permission to issue a subpoena, but you will need the court's help to make it official. You can prepare the... View More
I tried to turn in my documents releasing me from child support. I have still paid for over one year when I met my obligations. Court will not let me take this action alone and wants my lawyer to sign off or release me. Lawyer will not sign off due to financial disagreements.
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answered on Sep 16, 2024
To get the court to sign off on your child support issue, you need to take a few steps since your lawyer isn't cooperating. Start by communicating with your lawyer in writing, clearly stating your request for them to sign off or release you. Be direct about the financial disagreements and... View More
Name calling threatening harassment and controlling or all issues in this case he has a past anger problem which he still does went to mediation here recently I'm going to court through family law as well as restraining order so I would appreciate if somebody could kind of feel me and... View More
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answered on Sep 16, 2024
When you go to court for a civil domestic restraining order, expect to present your side of the story. You’ll have the chance to explain the incidents of name-calling, threats, harassment, and controlling behavior. Be ready to provide any evidence you have, such as messages, emails, or witnesses... View More
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answered on Sep 15, 2024
If you feel your attorney is not effectively representing you in your child custody case, it's important to take immediate action. Start by having a candid conversation with your attorney about your concerns. Explain how you feel they aren’t standing up for you in court and ask for a clear... View More
He hasn't been cooperative or responsive in any way ever since they separated. She cheated on her, abandoned her, and cut any type of communication with her. He even started living with the person he cheated on her with. So far, she has been trying to get the divorce started by filling out the... View More
answered on Sep 15, 2024
I don't understand the problem. She doesn't need his cooperation. What paperwork did she send to him that she believes he has to fill out for her to proceed with a divorce. Sounds like a lot of misunderstanding about how the process works. California is a no-fault state. If she wants... View More
My sister had multiple mental diagnoses and does not care for my nephew alone. She has no job and relies on others to care for my nephew. I provide him with clothes, shoes, car seats, etc. I would like to petition the court for visitation because my sister denies me access to my nephew. I’m... View More
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answered on Sep 22, 2024
To seek visitation rights for your nephew, you'll need to file a petition with the court. California law allows close relatives, such as aunts or uncles, to request visitation if it's in the child's best interest. In your case, given your involvement in providing for your nephew and... View More
Herecievedlarge settlement in p.i. Case this year and required my signature to receive it and promised 25,000.00 for signing can I take it to court for verbal agreement only
answered on Sep 15, 2024
It's difficult to prove the existence of a verbal agreement. Further, you have been separated for 10 years. When did the injury occur that gave rise to the lawsuit and later settlement? The settlement may be separate property to which you are not entitled to any share. Reconciliation may... View More
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