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California Divorce Questions & Answers
1 Answer | Asked in Child Support, Divorce, Estate Planning and Collections for California on
Q: My father owes child support arrears to my now deceased mother. She left no will and the state has ceased garnishment.

As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.

1 Answer | Asked in Divorce for California on
Q: Is minors counsel suppose to advise parent to stop paying child support and force a work seek order
James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

No. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Divorce for California on
Q: My ex wife agreed to more favorable divorce terms to arrearments. How do I submit that to the court?

Do file an appeal? Submit the request after she signs it?

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

You should speak with the attorney who assisted with the divorce. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I want to file a case against (????) I am a father who has been requested to pay child support. 1983 who?

I want to file in the federal courts against ( I dont know where to start) that the request for me to pay child support has and continues to violate my first amendment protections of the constitution. I have been doing as much of the hard work needed and I am wanting to begin this process

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Family law issues are handled in state court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Divorce and Family Law for California on
Q: If my parents watched my soon to be ex wife’s daughter for free all summer and she’s going after me for more than CA

I use this in court? I’ve paid everything and done everything asked and she’s not understanding how much she didn’t have to pay while married. We were only married a year.

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

I'm not sure what the question is, but it likely relates to child custody & visitation and/or child support. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

1 Answer | Asked in Divorce for California on
Q: When does spousal support time window start if there is a huge difference in the time of separation and case filing?

When does spousal support time window start if there is a huge difference in the time of separation and case filing?

James L. Arrasmith
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answered on Sep 23, 2022

The court generally does take this situation into consideration. If the spouse has supported themselves all this time, what is the need for support now? It is one factor that the court considers.

1 Answer | Asked in Divorce for California on
Q: Who is responsible in making the mortgage payment in a divorce
James L. Arrasmith
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answered on Sep 23, 2022

Both are responsible for sharing in the debts. However, you can ask the court to make one side pay for it as part of a support order or to make sure that you have a place to stay.

1 Answer | Asked in Divorce for California on
Q: We cannot agree on a buyout, so if we go a trial, can the Court order me to sell my half of the house to my spouse?

My spouse and I own our house free and clear. We files a divorce in California.

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Without speaking to your case, where a party cannot be "bought out" by the other party, then the house will need to be sold. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

2 Answers | Asked in Divorce, Family Law and Civil Rights for California on
Q: If my divorce isn't final yet but we have been separated for a few years. Can my boyfriend sign the baby's birth cert?
James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

Are you referring to a voluntary declaration of parentage? Here's a link to an article from the CA courts regarding establishing parentage. Have a look and speak with a local lawyer.... Read more »

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2 Answers | Asked in Divorce and Child Custody for California on
Q: I'm looking for a family law lawyer, I'm trying to get divorced and visitations with my kids .I want joined custody
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

A family law lawyer should not be hard to find in your area. Contact one today to set a consultation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

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2 Answers | Asked in Divorce for California on
Q: What happens to the equity of a house if a divorced couple never sold and over 10 years have passed since judgement.

A husband and wife got divorced and the default judgement stated to sell the house when the youngest child was to turn 18. However, even as divorcees, they ended up living together for over 10 years. The wife was supposed to stay and maintain the house while the husband was to move out and pay... Read more »

James L. Arrasmith
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answered on Sep 20, 2022

Unfortunately, California does not allow common law marriages. Therefore, the wife would not be entitled to a remedy under California family law. However, the wife likely has an equitable interest in the home due to her contributions. It may be possible to establish a constructive trust or a remedy... Read more »

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1 Answer | Asked in Divorce and Social Security for California on
Q: Hello. I was married a foreigner and applied for a green card. Okay e separated and I never followed up with immigration

Now I’m marring again and need to apply for green card for him . How do I know if my previous case is canceled or no

James L. Arrasmith
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answered on Sep 18, 2022

You should submit a public records request to USCIS. You may also call them or send them an email request.

2 Answers | Asked in Contracts, Divorce and Family Law for California on
Q: Is a signed handwritten contract between spouses legally binding.

My husband an I write out a contract stating that if one of us cheated then the cheater has to give the other spouse all assets, property and 1 million dallors, we both know what it says and agreed to the terms and conditions and both put our signature on it, will this hold up in court?

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

I'd need to know more, but likely not. What a strange thing to do- you should marry someone you trust. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for California on
Q: I was coerced into signing a fraudulent divorce deal memo, what are my option prior to the hearing to show good cause ?

I am self represented in a high profil divorce case in Los Angeles. The deal memorandum i was coerced into signing is fraudulent. The court as set an order to show cause - re entry of judgement in 2month but I refuse to sign the judgement knowing that the deal in itself isn’t fair at all and... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

More information is needed to meaningfully respond to your question. Speak with an attorney in your area who can provide immediate assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek... Read more »

1 Answer | Asked in Divorce for California on
Q: If a married person receives a house in trust (from their own parent), then is that house community property of the

recipient and their spouse, or is it the married person's separate property?"

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

Family code section 770(a) speaks directly to your question, which states: "(a) Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired by the person after marriage by gift, bequest, devise, or... Read more »

3 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: If I live in a shelter, could I lose custody of my toddler to my ex?

I am currently going through a divorce with my ex, who has been abusive to me for the duration of our relationship. I'm currently living in our marital home with our toddler, with who we have agreed to share 50/50 custody through a stipulation filed with the court. My ex also had the court... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 13, 2022

YOU ARE ASKING THIS QUESTION TO A GROUP OF DOMESTIC VIOLENCE AKA CRIMINAL LAWYERS.

YOU NEED ADVICE FROM A LOCAL FAMILY LAW ATTORNEY.

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3 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: If I live in a shelter, could I lose custody of my toddler to my ex?

I am currently going through a divorce with my ex, who has been abusive to me for the duration of our relationship. I'm currently living in our marital home with our toddler, with who we have agreed to share 50/50 custody through a stipulation filed with the court. My ex also had the court... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

The law says that judges must give custody according to what is in the “best interest of the child.” To decide what is best for a child, the court will consider: The age of the child; The health of the child; The emotional ties between the parents and the child; The ability of the parents to... Read more »

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2 Answers | Asked in Divorce for California on
Q: Can a parent leave a child a home in a trust fund if that child is already married..or is that community property
James L. Arrasmith
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answered on Sep 12, 2022

You cannot give away, either by will or trust, property that is not yours. You can only transfer or leave your 50% share of the interest in the community property.

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2 Answers | Asked in Divorce for California on
Q: Can a parent leave a child a home in a trust fund if that child is already married..or is that community property
James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

Section 770(a) of the Family Code speaks to your question: "Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired by the person after marriage by gift, bequest, devise, or descent. (3) The rents,... Read more »

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1 Answer | Asked in Contracts and Divorce for California on
Q: I have a question about my rights to keep a ring given to me by my ex-fiance who broke off the engagement.

We both live in Glendale, CA. He proposed to me twice, I have two wedding dresses, and he had no intentions of marrying me (as he relayed to our therapist). We lived as a married couple - bought and sold property and had a joint account. He currently has my family (estate) jewelry that I gave... Read more »

James L. Arrasmith
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answered on Sep 12, 2022

Most courts consider an engagement ring as a conditional gift. The gift lapses and reverts back to its original owner if the condition (i.e., the marriage) does not happen.

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