I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More 
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answered on Mar 26, 2024
Under California law, child support and visitation rights are treated as separate issues. This means that even if the father is not paying child support, it does not automatically eliminate his right to visitation. However, his failure to utilize the court-ordered visitation times could be a factor... View More
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
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answered on Mar 25, 2024
Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary... View More
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
answered on Mar 26, 2024
She either meets her evidentiary burden in her motion or she does not. If you do not believe the motion has merit or there is a valid evidentiary basis for changing venue, you can say so in your responsive declaration. "Is it common" ?? All cases are different.
our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.
In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?
answered on Apr 2, 2024
If you are seeking to advance your hearing from July to April, you'll need to file the FL-300, FL-303, and FL-305, in addition to any local forms required. Since you are not seeking to modify ex-parte orders, the FL-307 is not required, you are only seeking orders on an ex-parte basis.
The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More
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answered on Mar 21, 2024
In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More
Child support modification is in place since I have physical custody now and have had it since over a year. My question is can the spousal support money be garnished to cover my arrears I have or is that separate.
I do plan on paying my arrears but I’m afraid they would take the full... View More
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answered on Mar 3, 2024
In California, the law prioritizes child support obligations over spousal support. This means that if you have arrears on child support, it is possible for your spousal support payments to be garnished to cover these arrears. The state's child support enforcement agency has the authority to... View More
My divorce is going on almost 4 years. I originally had a lawyer who my dad paid for but with all the fees he wasn’t able to continue paying. I’m currently self represented but have been unable to enforce child support and spousal support on my own, hopefully I can finish getting divorce. So... View More
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answered on Mar 3, 2024
Finding affordable legal assistance can be challenging, especially when dealing with complex family law issues like divorce, child support, and spousal support. In California, there are several resources available to individuals with low income who require legal assistance. Legal aid organizations,... View More
Stepdaughter is not and has not paid her student loans I co-signed. Her father sent me a statement saying he would pay her loans which I have. He has not paid anything. I haven’t spoken to stepdaughter in 10 years. No idea where she is and her father won’t tell me.
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answered on Mar 1, 2024
Under California law, the written statement from your stepdaughter's father, where he commits to paying the student loans, could potentially serve as a binding agreement, depending on its specific wording and the context in which it was made. If it clearly outlines his intention to take over... View More
I am representing myself (in pro per) in a child custody case. My ex-wife has a free attorney from legal aid. I requested RFO Mod custody and we recently had a custody modification hearing where the judge's rulings were more favorable than my requests.
During previous three hearings... View More
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answered on Feb 27, 2024
Under California law, particularly referencing Rule 5.125, you as a pro per litigant (representing yourself) have the right to prepare and file a Findings and Order After Hearing (FOAH) following a custody modification hearing. This rule applies to all parties involved in a case, regardless of... View More
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answered on Feb 22, 2024
If your ex-wife has filed a 529 form while you have an ongoing child custody court case, it likely means she is trying to establish or modify legal and physical custody of your children as well as child support. Here are a few key things to know about the 529 form:
• Form 529 is used in... View More
Me quiero divorciar de mi esposo, el tiene una amante desde hace un año y medio, y en ese tiempo ha habido abuso psicológico, fisico/jalones por ambas partes al quererme defender, yo no tengo trabajo y el se aprovecha de eso para dominar la situación ya que no tengo a donde irme ni un... View More
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answered on Feb 21, 2024
Under California law, you have several options to protect yourself and your children, and to seek a divorce from your spouse. First, consider contacting local domestic violence shelters or organizations. These groups provide emergency housing, legal advice, and support services for individuals in... View More
I was never informed of this case. My wages were not garnished no bill in the mail. I had no way of knowing that I should be paying. For a whole year I was racking up this debt and no body told me about it. Now looking at the order that was filed it has wrong information on it. It says I have no... View More
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answered on Feb 21, 2024
If your tax return was seized for arrears related to child support or other debts, there may be avenues to contest the seizure and potentially recover some or all of the seized funds. It's concerning that you were not informed about the case or given an opportunity to address the arrears prior... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 19, 2024
If you have a legally permissible reason to set aside or vacate 2 of the 10, then you should address 2 of the 10 ..... setting aside or vacating what appear to be stipulated orders, is usually only done in cases where some sort of fraud or misrepresentation has been perpetrated which the other... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
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answered on Feb 21, 2024
Under California law, you can file a Motion to Vacate specific directives within a Minute Order. The court generally prefers to address each directive individually, so you can request to set aside only the specific directives you disagree with. However, it's essential to provide valid reasons... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 16, 2024
A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.
The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is... View More
I currently have a custody agreement that states my children will be with me 43% of the time (3 days a week). However, the courts gave our oldest son (17 years) the right to choose when and where he stays. He has now decided to stay 100% of the time with his mom. My ex wants to redo our child... View More
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answered on Feb 21, 2024
In California, child support is determined based on the amount of timeshare provided for in the child custody court order, not on the actual time the child spends with each parent.
Since your custody order provides that the children, including your 17-year-old son, are with you 43% of the... View More
On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More
answered on Feb 16, 2024
Hi there,
it would be best to request a hearing to get the orders corrected. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or... View More
On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More
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answered on Feb 21, 2024
In California, if a minute order lacks clarity regarding the commencement date for child support payments, you may need to take legal action to have the order clarified or amended. Given that the petitioner has been granted continuances, it's essential to persist in your efforts to address the... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
answered on Feb 17, 2024
The obligor needs to maintain the obligations for child support. However, the loss of a job may give him a reason for seeking modification. The courts will look for reasons for unemployment. If he quits voluntarily, the court can impute the wages to him. The court will consider education, skills,... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
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answered on Feb 13, 2024
If your ex has claimed to have lost his job before your child support hearing in California, the court will likely investigate the circumstances surrounding his alleged unemployment and assess his current financial situation to determine his ability to pay child support. The fact that the court... View More
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