mom does not abuse and is a stay-at-home mom ( in California)
My child support case was originally established in CA, I have moved to FL and was told I need to have CA release the case so that FL can accept it. However, no one can tell me how to do that or what forms I need to fill out. Someone please help me.
answered on Dec 27, 2022
I'm assuming you are the same person who asked this same question regarding your custody case. Unfortunately, the answer is not the same with respect to your child support case. Once acquired in a proceeding where child support is in issue, California superior court jurisdiction over child... Read more »
answered on Dec 20, 2022
It really depends on what the rules are in your jurisdiction. For instance I typically send the order out for a signature with a letter asking for a return of the signed stipulation (or QDRO) within ten days. I typically send a second letter after the ten day period has expired with a further... Read more »
And I got half of his 401k. To date, he has failed to comply with any request whatsoever to pay up.What can be done ? Unfortunately due to him not complying I am penniless. Please advise and thank you very much
answered on Dec 20, 2022
To divide his 401K you need a QDRO (Qualified Domestic Relations Order). Once the Plan is served with a QDRO, they pay you your share. The payment does not come from your ex. For spousal support you can get paid by using an Income Withholding Order
My spouse and I got married in California in 2016, but I left the United States in the same year. We have not seen each other ever since, and agreed to have an uncontested divorce.
However, I was told by a paralegal in California that the petitioner of the divorce must be a resident of the... Read more »
answered on Dec 13, 2022
The paralegal was incorrect. As long as one of the parties meets the residency requirements, you can file in California. You file in the county where he likewise meets the residency requirements. Hire local counsel to handle the case for you.
California resident. The Case is filed and judged in California. I am not a lawyer, but due to finances have to represent myself.
answered on Dec 12, 2022
Communications between you and the other attorney are not confidential or privileged. Emails can be attached as exhibits to court documents. This is not the same thing as being "admissible". Before a piece of evidence can be admitted into evidence it must be authenticated.
answered on Dec 2, 2022
The Superior Court's website contains a self-help link which includes a list of the steps in a divorce. Otherwise, hire an attorney who will take those steps for you and on your behalf.
To what extent does it matter which state the property to be purchased is in, if the unmarried individual lives in community property state while the married person resides in an equitable distribution state? Thank you.
answered on Nov 19, 2022
Your question seeks an answer that’s much more comprehensive than a lawyer can provide in this forum. Are you seeking to protect your portion of the real estate only or do you want to protect all of your assets? If the latter, what other types of assets do you own? (Trademarks are protected... Read more »
I am now on board for a divorce but I make very little money as I am trying to finish up school.
answered on Nov 15, 2022
If you qualify for a fee waiver, then the filing fee would be waived. [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.]
50 50 LLC. Husband locked me out of all banks & business when I got restraining order 2 yrs ago to protect kids & myself. He is taking 100% of money, running wild, paying all his bills and attorneys through LLC.
I’m being told even if I file in civil court it’ll just get... Read more »
answered on Nov 2, 2022
more info needed
if it is a Family Law issue, those of us on the Criminal law site, won't be knowledgeable to answer your question.
it sounds like a wife/husband ??? is stealing. I would think you want some kind of restraining order or maybe a "keeper" to receive money???
i just need assistance on filing up the form since i will just file for myself without my spouse.
answered on Nov 1, 2022
This will involve more than just filling out the form. You’ll more likely need to apply for a hardship waiver. You should hire an immigration lawyer to help you with this.
I sold 100% of my shares in a business a year before I got married and agreed to take monthly payments per the sale agreement. If I were to divorce, would my wife be entitled to any portion of the monthly payments received after the marriage? I live in California.
answered on Oct 28, 2022
The monthly payments would count as income available for calculating spousal and child support.
I’m researching for a good friend -Jovita who is being pressured by her husband to sign divorce documents/agreement without any attorneys involved.
My friend isn’t very sure how n what is all included in a divorce, she is a housewife and doesn’t make enough money to hire an attorney... Read more »
answered on Oct 18, 2022
She can file a motion with the court for an order that her spouse help with her legal fees. Or she can use a joint credit card or bank account to pay the attorney’s retainer fee.
My boyfriend passed away. The police identified my boyfriend’s mom as next to kin. She was able to plan for the funeral and handle his finances. Now my boyfriend's ex-wife is claiming she’s next to kin. She wanted to hear from police that he passed away but the police dept. never called... Read more »
answered on Oct 16, 2022
Your boyfriend's mother is his next of kin. Not his ex wife, because she is his ex wife. A divorce breaks the legal relationship of husband and wife. I assume you are asking out of general curiosity. What happens to.your boyfriends estate (his stuff) is not your business just as it it's... Read more »
Dismissed due to her not being found she lives in Lemoore,CA but I don’t know her physical address
answered on Oct 7, 2022
You can do a motion to transfer venue and have it granted upon a showing of good cause.
Got married in California moved to Pennsylvania, decide to part ways, gave up custody, I move back to California. Trying to remarry right now. I have the original marriage certificate.
answered on Oct 5, 2022
Divorce occurs after a petition for dissolution is filed and entry of judgment of dissolution. Giving up custody does not automatically result in divorce. It doesn’t work like that.
Will the person get anything if they separate after 10 years of being together ? What if new house has both people on the deed ?
answered on Oct 4, 2022
This is a little confusing and more information is needed. 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.]
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
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.
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.]
Do file an appeal? Submit the request after she signs it?
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.]
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