Bio parents have 50/50. One parent is an immigrant and the other is threatening to have him deported. Can one bio parent give his 50% custody to a step parent (spouse)?
No
We separated during Covid, have no children together and co-own the house that was bought with my money.
He was supposed to pay his half within a year and has not. A sellers loan was taken for that which is now due in a year. I can't get credit to take over that loan as I am an... Read more »
This is a family law matter and needs to go to family law court to determine his reimbursements if he’s entitled to anything. Pre-nap may be unenforceable enforceable because they were no attorneys involved please contact my office but a case like this retainer would be 3500 my office number is... Read more »
Hi,
I was in the US on a H4 visa and after 3 months of marriage my husband deserted me in India and went back to US. We are currently in the process of getting a divorce filled in india. Meanwhile my husband's H1B extension is due and he has showed me as a dependent in the said... Read more »
It sounds like you have primarily an immigration question. You should re-ask your question as an immigration question. This is the family law section. As for your question: How can he mention me as a dependent while we are clearly separated? Hard to answer this question. On what form is he... Read more »
I am currently completely dependant financially on him, since I dont have a work permit in the US. Also for the wedding it was agreed that we split expenses which never happened, I and my parents ended up paying for everything.
We don't have any children together.
In the divorce you can ask for spousal support, formerly known as alimony. Spousal support for a marriage less than ten years can be paid for up to half the length of the marriage. For example if you were married before separation for 20 months you can ask for spousal support for up to 10 months.... Read more »
We have one child and own a home. I really need to know where to start with a goal of needing the equity from our home to make this change in my life. Hope for guidance as to how to get started to not make a mistake along the way.
If you live in Petaluma, always good to hire a local attorney near Petaluma. Best advice, call a minimum of 3 attorneys. Go for a first interview only. Don't sign up until you have talked to at least 3. Then decide. There will be pressure to sign up. But take your time. You will be surprised... Read more »
The law prohibits paying a public employee of any kind for them to provide you with personal services not available to the general public. This is called bribery. Both the person paying and the recipient are committing a crime.
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not that i know of.
my job was usually keeping the press away when celebs got arrested....
sometimes the police, Clerks or DA would notify press
She is not adopted but we have had her for 10 years.
You don't list her on the divorce as your child because she isn't. You are only the guardians. You should still let the divorce judge know by listing the fact that you are the guardians on the "other" box on your divorce papers. The judge in the divorce needs to know the... Read more »
I work for my mom-my husband subpoenaed her small business for the payroll records and credit card statements.
Can't his lawyer go ahead and subpoena the payroll service and credit card company?
If you think the subpena is asking for too many things, you would be making a claim that the subpena is "overly broad." You should discuss this with your own attorney. In certain situations an objection can be made to stop it or "limit" the subpena. It is not recommended that... Read more »
I reside outside of the U.S. right now, however, my ex-husband (though he is still working on his divorce papers) got the check through our old joint bank account and refuses to send it to me.
He explains that since I am not physically in the U.S. he can not send my check to me and he... Read more »
You say you "ex-husband" is working on his divorce papers. Does that mean he is working on the divorce papers from you? The divorce papers that he or you filed in California? If the California divorce is not finished between you and him, then he is not your ex-husband yet. It sounds... Read more »
You should use a family law attorney. An agreement outside the court in a mediator's office has no legal significance until approved by the court.
If I have finished transfer the money in my bank account to someone else under their title to minimize the amount of money split with my wife when divorced and I want to file a divorce after that, how long does it legally take for the transfer to take place so that if the divorce is successful, the... Read more »
That’s fraud and breach of fiduciary duty for which you can be sanctioned.
I recorded a partial judgement on reserved issues that wasnt the final judgement ....what should i do?
Generally, an abstract of judgment is issued and recorded on the final judgment.
However, in certain circumstances, the clerk of the court will issue an abstract on a partial judgment. See Lucky United v. Lee (2010) 185 Cal.App.4th 125, 131, 142 (clerk issued abstract of judgment and... Read more »
I have been married 23 years.
Social Security benefits are governed by Federal Law and are not part of California divorce proceedings. The law is very clear on your rights as regard what you are entitled to and how to go about getting it.
If you end up being able to draw under your husband's social security... Read more »
I receive spousal support under a 2016 temporary support order. The divorce is still pending. I know I need to report that income on my tax returns since that order is from before 2019. However, in 2019 my spouse was found in contempt of court for failure to pay support and was ordered to pay me a... Read more »
Any money you receive from any source must be reported to the IRS in the tax year that you received it.
It can be removed by paying the exact amount and a fee for the removal of the lien. Usually there is a number you can call to remove the lien.
When we got the decree his last name was misspelled .. what shall we do to correct this?
It’s unclear from the post if the error is only in the judgment or an error throughout the court proceeding.
In any event, your fiancé will want to file a motion to correct the clerical error. In California he would file a Request for Order requesting correction of the misspelled name-... Read more »
Wich is 1,600 and he wants 800 but has not give me anything for the kids i have three kids so now i have to pay the rent by myself and support my children and he is no longer living with me what do you suggest me to do go put child support i do t know what to do
It unclear from your post if the rent has already been paid and he is asking for a reimbursement for the rent that was paid for the month of May or a reimbursement for the last month rent/security deposit.
Filing for child support is a start. Moreover, if you file for divorce you could... Read more »
The house was always in trust and we would like to put it back in trust. I live in the house and the divorce spells out that I continue to live there. We rent a front unit out which covers the house payment. He now lives in another state
You can put your share of the property in your own trust, not in a joint trust with you ex, unless you are planning to get back together, in which case, I would consult a local estate planning attorney for specific advice. I hope this helps and stay safe. Zaher Fallahi, Esq, CPA (CA &D.C.).... Read more »
He makes majority of the income. i heard something about a quick deed. how can I get out of the morgage?
A quick claim deed transfers your rights on the property to your husband but that act alone does not relieve you of your mortgage obligation. The best course of action is. Not to give up on your rights to the property. Have your lawyer enforce your marital rights to the property and then... Read more »
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