In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More 
answered on Sep 20, 2023
Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More
Judge H. in Santa Clara family, has not once heard what I have to say. She is basing my character off of text msg between my ex and my mother(we haven’t had a relationship since I was about 8). There are multiple examples I bring to her attention regarding finances, child care, housing, etc yet... View More
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answered on Sep 13, 2023
In your situation, it is imperative to meticulously document all pertinent facts and gather substantial evidence to counter the allegations made against you. You might consider bringing in witness testimonies to corroborate your stance, and maintain a composed and respectful demeanor in court, even... View More
I have not once been heard by the judge. I have followed every order, proved my stability, and proved the slander against my character wrong. However, she only listens and considers text messages between my ex and my mother. My mother who is vindictive and will do anything to see me fail. I only... View More
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answered on Sep 13, 2023
In situations where you feel that the judge is being unfair or dismissive, it is often beneficial to make sure all of your statements and evidence are well-organized and clearly presented. You might consider being represented by an attorney who can help to effectively present your case, including... View More
In my ongoing family law case, my wife might be bypassing proper service protocols:
(1) I didn't receive Document A via email on Aug 28th, but it was presented in court as if I had.
(2) I got Document B on Sep 5th, yet their declaration claims service on Aug 31st.
(3) I... View More
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answered on Sep 13, 2023
In California family law cases, the court indeed prioritizes the best interests of the child, but that does not excuse parties from adhering to procedural rules, including proper service of documents. Given the discrepancies you noted, you can indeed request the court to mandate a more reliable... View More
Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about... View More
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answered on Sep 5, 2023
Under California law, you may be able to use the "meet and confer" process, outlined in your custody arrangement, to directly request your child's current address from your wife or her legal counsel. Another avenue could be to subpoena the school or the YWCA for the relevant records,... View More
Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about... View More
answered on Sep 5, 2023
Domestic Violence shelters' locations are typically kept secret for the protection of their residents. There's nothing you can do about that and you shouldn't try. As you clearly already have court orders, Mom must have an address "of record". That would be the address... View More
I'm currently preparing for an upcoming PPA hearing due to consistent disagreements over our child's custody. We had a temporary 50:50 custody arrangement, but our hearing has been rescheduled for 6 months from now. On the day of the hearing, the judge has set a timeline where a custody... View More
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answered on Sep 3, 2023
(1) In a 3.5-hour assessment, a custody evaluator may focus on observable interactions between the parents and the child, the home environment, and specific needs related to the child's autism, such as communication skills and routines.
(2) While the evaluator's opinion can carry... View More
I have joint custody of my 14 year old son, he has primary residence with my ex because of my work hours, i have been asking for more equal custody of my son for years, my ex refuses, my son wants to be with me, we agreed in the divorce he coerced me and made threat of going for child support if i... View More
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answered on Aug 29, 2023
You can certainly file a motion to modify child custody or visitation before receiving the child support order information; the court will consider what is in the best interest of the child. As for alimony, the enforceability of your prior agreement depends on how it was formalized and whether it... View More
They have 2 minor children living in the Philippines with my nephew’s mother. The wife is asking for child support. She wants the money to be send to her. My nephew is sending money already to the Philippines. Is it right for the wife to asks for child support?
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answered on Aug 29, 2023
In a situation involving child support with parents residing in different states, the Uniform Interstate Family Support Act (UIFSA) would typically govern which state's laws apply. California generally requires both parents to financially support their minor children, but if your nephew is... View More
June 9: Wife's attorney served discovery documents (FL-142, FL-145).
June 26: I served discovery responses (FL-142, FL-145) via US mail (no tracking), using a professional server.
August 7: Wife's attorney filed a motion claiming non-receipt of my discovery answers.... View More
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answered on Aug 19, 2023
This timeline may not comply with the service and notice rules in California, which generally require prompt service to ensure both parties are aware of the proceedings.
Given that you served the discovery responses, it's advisable to gather proof of service and any documentation... View More
I have 50/50 custody of my children, with no child support since their mother and I make the same amount of money. Their mother is now harassing me and saying she is taking me back to court for child support. I went into debt over 20k for our current custody and support agreement. If a judge... View More
answered on Aug 15, 2023
If she wants to file a motion with the court requesting child support, she can. You can likewise oppose it. You can file a motion to modify your current custody orders so that you get more custody. Sounds to me like they are not well cared for while staying at Mom's residence. Your failure... View More
I have 50/50 custody of my children, with no child support since their mother and I make the same amount of money. Their mother is now harassing me and saying she is taking me back to court for child support. I went into debt over 20k for our current custody and support agreement. If a judge... View More
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answered on Aug 20, 2023
Given the complexity of your situation and the potential impact on custody and support arrangements, it's advisable to consult with an attorney if your ex-partner decides to take the matter back to court. An attorney can help protect your rights and navigate the legal process effectively. In... View More
Child support
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answered on Aug 8, 2023
You cannot remove child support obligations from your credit report unless there are legitimate errors or inaccuracies. To address any errors, you should follow the standard dispute process with the credit reporting agencies. However, fulfilling your child support obligations is crucial to... View More
I'm in an ongoing divorce, with an RFO for custody filed in May, set for August. Due to my wife's refusal of our son's dental treatment, I filed an Ex Parte application, where I asked the court to permit me to immediately arrange for our son's dental treatment (section #8 on... View More
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answered on Aug 2, 2023
Regarding the unrequested order shortening time after the Ex Parte denial, it indicates that the new judge has granted an expedited hearing for the RFO on custody, possibly due to the urgency of the dental treatment issue. The order doesn't automatically imply acknowledgment of medical neglect... View More
She’s an alcoholic, suicidal, and has a prior coke addiction. I have spanked one of the kids once last year for kicking the brother in the head, but he wears a diaper and I didn’t hit hard. I’m military. She doesn’t work.
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answered on Jul 30, 2023
You should take immediate action to protect your parental rights. First, gather any evidence that refutes the false child abuse allegations and demonstrates your ability to provide a safe environment for the children. Second, file an emergency motion with the family court requesting temporary... View More
Why? How do I stop paying... I've paid all the balance I only have interest now.
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answered on Jul 28, 2023
If your child is now 38 years old and your ex-spouse passed away in 2009, child support garnishment should not continue as it typically ends when the child reaches the age of majority or if the custodial parent passes away. You should contact the relevant child support enforcement agency or court... View More
NCP & CP agreed to stipulate for increased child support. NCP prepared the stip, but before the stip was filed, NCP was laid off. NCP informed CP NCP wouldn't file the stipulation until gainfully employed. NCP became the primary caregiver for a terminally ill mother. One year later, NCP... View More
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answered on Jul 23, 2023
It is possible for the non-custodial parent (NCP) to promptly file a motion to set aside the judgment based on lack of proper notice and the custodial parent's (CP) fraudulent filing. Additionally, the NCP's changed circumstances of unemployment and caregiving responsibilities should be... View More
child support set to 0, claim one child each for tax return. The children lived with me (the mother) full time prior to the order. However, after we obtained the order (per father's request), the father decide on day one of his day that he could not care for the children and have them on every... View More
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answered on Jul 21, 2023
You have the right to seek a modification of the custody order if there has been a significant change in circumstances that warrants a new arrangement. Given the father's lack of involvement as per the court order and the children residing with you full-time, you may request to modify the... View More
We have legal custody and I provided the required information (address name and phone number) of the daycare provider.
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answered on Jul 18, 2023
In California, it's usually a good idea to disclose any financial assistance or subsidies you receive for childcare. Transparency is key in these situations. When determining child support, both parents are typically required to provide accurate financial information.
So, my advice is... View More
We have legal custody and I provided the required information (address name and phone number) of the daycare provider.
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answered on Jul 21, 2023
In California, there is no specific legal requirement to disclose to the non-custodial parent that you are receiving subsidized childcare. However, if your custody agreement or court order includes provisions related to childcare expenses, it is essential to review the terms to determine if there... View More
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