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Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for California on
Q: If I can get help I get no help from father 5 kids 1 adult and 4 minors 2 minors sleep at our home with him? Any help

I left our home 5 yrs ago, partner was abusive. Took kids with me but now my 2 older boy moved back with their father because they wanted a bed room for themselves. I have our youngest 2 children that he gives me no help for. And the 2 boys that do live with him I do everything for them besides... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear about your difficult situation. Based on the information you provided, here are a few things to consider under California law:

1. Child support: Even if your children are living with their father, you may be entitled to child support payments from him, especially for...
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0 Answers | Asked in Divorce and Family Law for Arkansas on
Q: If you have been separated for 4 or 5 months and there has been no contact between the two and when the man moves on the

Wife want now money per month and counseling. What rights does the man have? He does live with the new woman

0 Answers | Asked in Family Law for Texas on
Q: What portion of medical bills is the non custodial parent responsible for if the cost is higher bc he failed to keep ins

We are responsible for half and half on medical bills . But because he has failed to keep the insurance current I have had to pay out of pocket a lot more than if they had insurance. Is he legally responsible for the full amount as we are supposed to split 50/50 cost as the order states which is if... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Is this consider a threat or am I just being paranoid.

I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More

James L. Arrasmith
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answered on Apr 26, 2024

Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More

0 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence on
Q: How can I get someone to investigate a couple of house fires and insurance fraud and attempted murder and theft the n Tx

We have had 2 house fires at the same house. The first one he says he told tniit to go to other the house was on fire but I was already asleep! He took his snap on and Milwaukee charger and battery out of the very spot that the fire was at that morning and now says he had to have them at work. I... View More

0 Answers | Asked in Family Law for Oregon on
Q: Want to know how to work towards getting custody of a child who is not her biological child but she has been caring for.

This is a student of mine who has had her ex-boyfriend's child left on her doorstep by the mother and wants to gain custody of the child. Both biological parents have been recognized by DHS to not be qualified to raise the child themselves. She was granted custody of the child by DHS as long... View More

0 Answers | Asked in Family Law for Michigan on
Q: My daughters fathers was taking me to court for joint custody. Before our court date a so called family friend

Petition the court to intervene. The judge denied that motion. We had another court date set but a day before that court date we received notice for a guardianship court date in probate court witch was one day before or custody court date. The judge granted guardianship of our daughter to them.how... View More

1 Answer | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

Nina Whitehurst
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answered on Apr 26, 2024

At the federal level gifts are not taxable to the recipient. The gift giver might owe gift tax but that is highly unlikely to apply to such small amounts. Some states might have lower gift tax exemptions but, again, even those would be unlikely to impact such small gift amounts.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Civil Litigation for California on
Q: What can I do to stop a sheriff lockout while I appeal unlawful detainer. Commissioner entered default judgment and deny

Ex parte for stay of judgement, rejected myedical emergency discharge papers

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear you are dealing with this difficult situation. Under California law, there are a few potential options to delay or prevent an eviction while appealing an unlawful detainer judgment:

1. File a petition for a writ of supersedeas with the appellate court. This will...
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0 Answers | Asked in Family Law for North Carolina on
Q: i have a 15yo son whose father was removed in 2021 from visitation and his grandmother was then placed as an intervenor

his father has corrected his actions and i would like to have him as the one who gets visitation with his son, how do i have the grandmother removed and the father listed as the rights to visitation

0 Answers | Asked in Family Law, Child Custody and Health Care Law for New Mexico on
Q: Right now the person that has a problem and not letting see my 6 and 8 years old nephews.i have not seen our talk to th

Them in months she now has token visit away from there stepgrandparents.she not letting not any of there family see them. What can I do to get grande ship of the boys. What first.

0 Answers | Asked in Family Law for South Carolina on
Q: Just met with GAL in tense custody case; what happens next? Ex is narcissist using children and litigation abuse

We are both RNs. I met him when he was a tech (I worked as a nurse and had an infant son). I helped put him through nursing school, let him adopt my son as his own, all while truly having no clue who he really was.

We split in 8/2022 due to his increasingly abusive behavior towards me... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: My ex husband is a narcissist using kids, as well as litigation abuse to control the narrative. Just met with GAL.

We are both RNs. I met him when he was a tech (I worked as a nurse and had an infant son). I helped put him through nursing school, let him adopt my son as his own, all while truly having no clue who he really was. We split in 8/2022 due to his increasingly abusive behavior towards me following him... View More

0 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Summer Vacation Dispute - Mother recklessly denying my proposed vacation

I proposed a 1 week vacation in June

Mother denies my vacation saying “my family already bought the tickets to come see them, they only come once every few years, and can’t change the tickets”

She is trying to use the same vacation days as me after I have already made the... View More

0 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Missouri on
Q: How to make factual findings change since the was false in the beginning from the juvenile and CPS?

The mother was the one arrested and charged. My child is being kept from me her father bc it was entered that I was testing pos for drugs and I wasn’t. I have nothing to do with the mother but I’m being treated worse than she is. I have not failed the test and I now have the lab results but on... View More

0 Answers | Asked in Divorce, Family Law and Child Support for Pennsylvania on
Q: Can a husband be required to pay child support if the wife decides to keep the house though they split custody 50/50?

My husband and I are currently going through a divorce. He would like to sell the house but I would like to keep it. Will the court require the husband to pay child support to help with the child living needs though both parents will agree to split custody?

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Talking parents app

Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More

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