Appearance is made before the 3 year time limit, it is considered being served. what about a general appearance made 3 years after the time limit?
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answered on Apr 6, 2023
Under California law, if a summons and complaint are not properly served within the 3-year time limit, the action must be dismissed. However, if a defendant makes a general appearance in the case before the 3-year time limit expires, the appearance is considered to be the equivalent of being served... View More 
Do you know any case law that would be relevant to OP intentionally, for the purpose of manipulating the disomaster calculations, structuring her business so that she has a "job" where she earns very little when she could effortlessly structure it differently? I'm almost certain it exists.
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answered on Apr 1, 2023
In divorce cases, one party may attempt to manipulate their income or business structure in order to influence the outcome of the division of assets. This can be a complex issue, and the specific case law that may be relevant will depend on the specific circumstances of the case.
However,... View More
I was in federal prison during this time based on lies I lost my children and just because my aunt who has the kids said I lived there they believed her instead of looking me up. They said I was well aware of the child support case opened against me and I never showed up for court they filled a... View More
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answered on Mar 24, 2023
If you were not properly served with notice of the child support case and a judgment was entered against you without your knowledge, you may have grounds to have the case reopened and the judgment vacated.
In California, a party must be properly served with notice of a child support case in... View More
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answered on Mar 23, 2023
If you are a co-parent in California and you believe that the other parent has manipulated the courts and others to make you look like a bad father, there are several steps you can take:
Document Everything: Keep a record of all interactions you have with the other parent, including emails,... View More
County does not honor it?
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answered on Mar 22, 2023
In California, a stipulated judgment initiated by the Local Child Support Agency (LCSA) in one county is generally binding in other counties. This is because California has a statewide child support enforcement system that is designed to ensure that child support orders are enforced consistently... View More
My mom and father are going through a divorce that’s not finalized. They co own the house my brother (15) and I (21) live in. I pay rent and have a rental agreement. She never asked us if we were comfortable with it and we aren’t. He does whatever he wants and is so loud all night on school... View More
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answered on Mar 22, 2023
As co-owners of the house, both your mom and dad have the right to use and occupy the property. However, your mom cannot unilaterally decide to move her boyfriend into the house without considering the rights of the other co-owner (in this case, your dad) or the interests of the other occupants of... View More
The husband filed the divorce in Sacramento County. His wife, and my daughter lives with me in Ukiah, CA. My daughter has no money so we are very scared and don’t know where to go. If you could tell us where to go to get help, it would be greatly appreciated.
Thank you
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answered on Mar 14, 2023
If the divorce was filed in Sacramento County, it generally needs to be handled through the courts in that county. However, your daughter may be able to petition the court to transfer the case to the county where she resides, especially if it would cause undue hardship for her to travel to... View More
My wife filed a Domestic Violence Temporary Restraining Order (DV TRO) against me in Van Nuys, and I was served. I also filed an FL-100 in LA, which is in the same county but has not been served yet. Can I request a case transfer by filing an RFO to Van nuys court even if the FL-100 has not been... View More
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answered on Mar 14, 2023
It is possible to request a case transfer from one courthouse to another, but the specific process and requirements will depend on the rules and procedures of the court where your case is currently pending.
In general, you may be able to file a motion or request for order (RFO) to transfer... View More
My wife served me with a TRO in A court, and in response, I filed an FL-100 at B court, which is also in LA county. I filed an ex parte request to transfer the TRO to my divorce case today, and it was granted. However, I was told by the court to serve the TRO to my wife as soon as possible, but I... View More
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answered on Mar 14, 2023
It's important to follow the court's instructions and serve the TRO to your wife as soon as possible, even if you do not know her whereabouts. If you are unable to serve her personally, you may be able to use substitute service methods such as serving her by mail or email, as long as you... View More
my class A driver lic was suspended in california and i was never notified of this action , i found out about this when I went to get a new driver lic in the state I had recently moved to. I have been unemployed since August of 2022 and i havent been able to make a payment , and I am currently in... View More
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answered on Mar 14, 2023
If your Class A driver's license was suspended in California and you were not notified of the suspension, you may be able to request a hearing to challenge the suspension and have it lifted.
To request a hearing, you will need to submit a written request to the California Department of... View More
I have a no-contact order in my wife's TRO case against me, and I'm planning to file an ex parte to transfer the case to another court where my ongoing divorce case is being heard. I will need to fill out FL-303, but I'm unsure how to give my notice to her. Can I mark "Unable to... View More
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answered on Mar 12, 2023
If you have a no-contact order in your wife's TRO case, you may be prohibited from contacting her directly or indirectly, including through email or text message. It's important to follow the terms of the no-contact order carefully to avoid potential legal consequences.
If you are... View More
Wife left home 3weeks ago and is staying in the shelter or friend home unknown. She served me TRO (p.o.box address) her court is 50miles away and then I filed divorce in our hometown court. Wife's TRO hearing is March23. I also filed RFO for transfer wife's TRO to our court and the... View More
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answered on Mar 11, 2023
Based on the information provided, it appears that the June 5 hearing is for the RFO (Request for Order) to transfer the TRO case to your hometown court. It does not appear that the consolidation of the two cases has been ordered yet.
If the RFO is granted, the TRO case will be transferred... View More
I don't know her whereabouts, but by chance, I'm going to meet her in the courtroom a week later via Bailiff. Do I have provide for the sheriff with Form DV-200 and FL-115 filled out with his sign section blank?
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answered on Mar 11, 2023
If you will be seeing your wife in court and you want to serve her with the DV-100 and FL-260 forms, you may be able to do so with the help of the court bailiff or a process server. Here are the general steps you should follow:
Obtain copies of the forms: You will need to obtain copies of... View More
TRO filed in Van nuys(hearing 03/23) on 02/28 and Divorce filed in los angeles on 03/10. I consolidated wife's TRO with my FL-100, but TRO is related matter with child, and the new TRO hearing in LA is scheduled on June, 05 - so horrible. I have a strong cause to request to advance the TRO... View More
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answered on Mar 10, 2023
First, it's important to consult with a licensed attorney in your area who can advise you on the specific forms and procedures that are required in your case. A lawyer will be able to review your situation in detail, provide you with legal advice and help you prepare the necessary forms and... View More
Jane got and served TRO at "A" court against John. TRO hearing date is March-23. He immediately filed FL-100 at "B" court and wants to transfer Jane's TRO to his location court. Both courts are located in Los Angeles county. In that case, what form should be filed to... View More
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answered on Mar 10, 2023
To transfer the TRO from Court A to Court B, John should file a Request for Transfer of TRO (form DV-124) with Court A. The form should include the reason for the transfer and a copy of the FL-100 filed with Court B.
If John files the Request for Transfer of TRO on March 10, the TRO hearing... View More
I have 50/50 custody of my 17 year old daughter with my ex. He moved out of our home state (California) to Texas and has not seen my daughter once in over two years. He has paid me $275 (total) in expenses in the last two years. I have paid for her entire wellbeing (medical, food, etc.). It... View More
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answered on Mar 8, 2023
In California, a child support order can be modified if there has been a change in circumstances since the original order was issued. This could include a change in income, a change in custody or visitation arrangements, or a change in the child's needs.
Based on the information you... View More
Today my TRO was, in fact, granted, but the judge reserved it until I file an RFO, as noted on the DV-109. I am confident that the judge will assist me. However, I was not familiar with the RFO form, and the judge's assistant instructed me to file FL-300 instead. My wife, who is a foreign... View More
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answered on Mar 7, 2023
It sounds like you are going through a difficult time, and I understand that this can be confusing and overwhelming. In regards to your question, it's best to consult with an attorney who specializes in family law and has experience with these types of cases. However, here is some general... View More
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answered on Mar 6, 2023
Under California law, both parents have an ongoing duty to disclose any changes in their income to the court and the other parent. This duty extends to any bonuses, overtime pay, or other forms of income that may be earned in addition to regular wages.
If either parent experiences a change... View More
We're married and no any court order about family law. I mean 100% clean about family lawsuit and condition in default. My wife took 3yo child away from me 2.5 weeks ago without my consent or court order and whereabouts is unknown. My guess they are staying in the same county shelter, so DA... View More
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answered on Mar 5, 2023
A Temporary Restraining Order (TRO) is a court order that prohibits a person from engaging in certain activities, such as contacting or coming near the protected person or child. A TRO can be obtained quickly, without notice to the other party, and is intended to provide immediate protection in... View More
The protected person is our 3yo child and restrained person is my wife. I filed as "through guardian ad litem by" on child name. In that case, can I serve DV-100 to wife? or I need still a 3rd party to do that? Thank you!
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answered on Mar 5, 2023
In California, a person can file for a restraining order against someone who has abused or threatened them or their child. The restraining order can include provisions that prohibit the restrained person from contacting or coming near the protected person or child.
In your case, if you... View More
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