I am required to pay child and spousal support to my wife. Recently, due to a high-conflict situation with my wife regarding our child’s schooling, the judge ordered the appointment of minor’s counsel during our last hearing. Consequently, I am expected to pay $2,000 monthly for the child’s... View More 
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answered on Nov 3, 2023
In California, the cost of minor’s counsel is typically considered a 'discretionary add-on' by the court for child support purposes. This means that the court has the discretion to order one or both parents to pay for the minor’s counsel in addition to the basic child support... View More
I was paying for the support of my son while he was with me 100% of the time for 4 months and it was reported to them and they didn't adjust it or do anything. Kept taking the full amount until I had to go into the office and beg for them to do something. And now they are telling me that the... View More
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answered on Oct 28, 2023
Under California law, child support orders can be modified based on changes in circumstances, such as when the child primarily resides with the paying parent. If you believe that the child support agency has acted negligently or improperly, you have the right to seek a modification or adjustment of... View More
She makes more than I do, and hides the side business. I’ve had full legal/physical custody up until summer. (I didn’t ask her for child support for the last 7yrs) We share custody now. She failed to add her side business income. What can I do? Can she get into trouble for not reporting it?
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answered on Oct 28, 2023
Under California law, both parents are required to provide accurate income information when determining child support obligations. If she intentionally omitted her side business income, this could be viewed as misrepresentation. You have the right to request a modification or reconsideration of the... View More
Document has attorney signature only along with Judge signature. accordingly, CCP 664.6 my understanding this document is not enforceable.
Please let me know if I'm right this document can not be used a s proof of standing.
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answered on Oct 26, 2023
Under California Code of Civil Procedure (CCP) § 664.6, the court may enforce a stipulated settlement if the parties have agreed to it in writing or orally before the court. For the agreement to be enforceable under this section, it generally requires the signatures of the parties involved.... View More
Divorce with minor children, he has been hiding income and refusing or neglecting visitation against court orders. I also requested spouse support as we were married for 9 years and 6 months. All assets he sold or got forclosed
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answered on Oct 24, 2023
In California divorce proceedings, if the defendant fails to file a trial brief, financial disclosures, or an exhibit list, it could have several implications. First, not providing a trial brief might place the defendant at a disadvantage by not clearly presenting their case or arguments to the... View More
We shared a home & expenses 2011-2021. 2 kids 2017 & 2020. I have sole legal & physical custody w/visitation. No monies for kids as of Aug 2021. Why not back pay to then? The kids aren't a new situation. Why is there a pause in his responsibility?
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answered on Oct 21, 2023
In California, child support is typically not retroactive to dates before the filing of the request for support. However, the court can order support retroactive to the date of filing. When presenting your case to the judge, it's essential to provide documentation and evidence showing the... View More
He said it…but doesn’t want it…I’m just lost it was unexpected, I need to protect myself & kids should he follow through, my kids come first. It’s my first one, he’s an expert in divorces. So I need guidance
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answered on Oct 16, 2023
I'm sorry to hear about your situation. When seeking a divorce involving military personnel in California, there are specific legal nuances to consider, especially with respect to benefits, pensions, and jurisdiction. It's important to find an attorney experienced in both California... View More
My mediation order is very clear. It states I will have visitation on odd year holidays. My child’s mother is refusing to give her to me this year (2023) Halloween and has refused to allow visitation for her birthday this year (2023) as well.
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answered on Oct 14, 2023
In California, if you have a court-ordered child custody or visitation order, law enforcement may assist in enforcing it. Sacramento County is no exception. If a party violates the order, you can contact the local police or sheriff's department with a copy of the court order in hand. They may... View More
My daughter lived with me for a year. She went to her moms for a visit and her mother decided to take her back. My daughter was fine with this so I was as well. But now I haven’t spoken or seen her in 3 months. Every time I ask her mother to have her call me she agrees but I never get a call.... View More
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answered on Oct 10, 2023
In California, if you have a valid court order for visitation that the other parent is violating, you may be able to seek law enforcement assistance in enforcing the order. However, law enforcement officers often prefer not to get involved in civil matters unless there's a clear indication of... View More
I am currently reviewing my wife’s ex parte application (FL-300). The attorney for my wife, identified only by her first name (Jane) and last name (Doe), without any title (such as “on behalf of”), has signed in the “Signature of Applicant” section on page 4 of the FL-300 form. The ex... View More
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answered on Oct 9, 2023
It is a little disconcerting to me that the signature was from "Jane Doe." That alone seems suspicious. While an attorney may sign an FL-300 on behalf of a client, the name of the "Jane Doe" is indeed quite suspicious to me. I would investigate this issue further and raise this... View More
There was already a legal agreement on payment, and the child is 16yrs.
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answered on Sep 28, 2023
Under California law, if your father has not made child support payments for a year despite a legal agreement, he may face consequences such as wage garnishment, driver's license suspension, or even contempt of court charges. It's important to consult with an attorney to address this... View More
My daughter chose to live with my wife full time a few years ago. We had 50/50 custody prior. I want her to come with me but my daughter doesn’t want to move.
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answered on Sep 28, 2023
In California, at the age of 16, a minor does not have the legal authority to unilaterally decide where to live. Custody and visitation arrangements are typically determined by court orders. If you wish to modify the custody arrangement and your daughter's mother does not agree, you may need... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
answered on Sep 27, 2023
Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
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answered on Sep 27, 2023
The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
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answered on Sep 28, 2023
In a divorce case, the court may not automatically schedule hearings for child custody and support. It's typically the responsibility of the parties involved to request specific hearings by filing an RFO (Request for Order) if they want to address issues like child custody and support. Either... View More
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answered on Sep 24, 2023
Under California law, child support and alimony (spousal support) are determined using different formulas and factors. The receipt of alimony by a parent does not directly factor into the calculation for child support. However, the total income of both parents, including alimony received or paid,... View More
I recently attended an RFO custody hearing where the Court ordered me to make a full payment for the Parenting Plan Assessment (PPA) due within 21 days from the date of the hearing. This PPA was scheduled to take place 5 months later.
The primary dispute in our custody battle was to... View More
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answered on Sep 22, 2023
Under California law, if you have already reached an agreement with your spouse regarding the custody arrangement, and the PPA is no longer necessary, you should promptly inform the court about the resolution and the cancellation of the PPA. You can file a stipulation or motion with the court to... View More
22days ago, during RFO custody hearing, the court issued a verbal order regarding a Parenting Plan Assessment and payment of a fee of $975. I understood that the deadline for this payment would start once the Proposed Order was signed. and both parties are still in "Meet and Confer"... View More
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answered on Sep 21, 2023
Certainly. In California, when faced with such an oversight, you may want to promptly file a Declaration explaining the situation, emphasizing your self-represented status, your understanding of the payment timeline, and your commitment to promptly remit the fee. Additionally, you can request the... View More
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
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