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California Family Law Questions & Answers
2 Answers | Asked in Child Support and Family Law for California on
Q: Can my finances be targeted for my fiancé's child support if we marry?

My fiancé owes child support and back pay, and there is a current court order for child support. We do not share any assets or accounts, and we haven't taken any financial steps together such as buying property or opening joint accounts. Can his ex come after my finances for child support if... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 17, 2025

You are not financially responsible for someone else’s biological children and your finances cannot be used to satisfy her child support obligation and also cannot be used to calculate her child support obligations. Err on the side of caution however and consider getting a prenup

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2 Answers | Asked in Divorce, Family Law and Child Custody for California on
Q: I just filed for divorce and child custody and my soon to be e ex wife works in family law in the same courthouse

How can I get the venue changed seems unfair to me and a conflict of interest

Robert Kane
Robert Kane
answered on Feb 6, 2025

You will need to file a motion to transfer a family law case (i.e. change of venue.) A family law case will be moved to another county if you can prove to the court a fair trial would not be possible because your wife works in family law in the same courthouse. My best regards. Rob California... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: California Community Property Law and an Unfinished E-Book

I have a question regarding community property laws in California and how they apply to an unfinished e-book I started writing during my marriage. I am not a writer, but I began working on an e-book and have completed writing approximately 30-40% of it. The book is not finished, not published, and... View More

James R. Dickinson
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answered on Feb 11, 2025

Is your spouse claiming any interest in the non-income-generating e-book? It would seem that this could be easily addressed as part of your settlement discussions; unless there's reasonable likelihood that the e-book will generate income, my guess is your spouse will gladly agree to assigning... View More

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: I'm just looking to see if ever had a trust or inhearitance from my father I was never notified

it would be from 1996 or 97

Julie King
Julie King
answered on Feb 4, 2025

There is no way to know if you were entitled to an inheritance if your relative had a trust because trusts are not filed anywhere unless there is a claim brought, in which case there would be a Petition (think, "lawsuit") filed with the local Probate Court. Wills, however, are supposed to... View More

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2 Answers | Asked in Family Law and Business Law for California on
Q: will registering in a domestic partnership affect my personal business?

I have an established business currently registered in my name. My current partner and I are considering to register in a domestic partnership. However, I want to keep my personal relationship and business completely separate.

Pavel Kolmogorov
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answered on Feb 3, 2025

Registering in a domestic partnership will generally affect your personal business in the same way that marriage would, as domestic partners are granted the same rights, protections, and responsibilities as spouses. This includes community property rights, mutual responsibility for debts, and the... View More

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3 Answers | Asked in Family Law, Landlord - Tenant and Probate for California on
Q: My brother passed away this week in his Apartment. I want to get access to his apt. to retrieve personal items.

What are my rights? He did not have a will

Ravi Patel
Ravi Patel
answered on Feb 1, 2025

I am sorry for your loss.

Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.

If you are...
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2 Answers | Asked in Family Law and Child Support for California on
Q: If my ex paid for the kids sports and I called for a refund. & only half was refunded. Is there grounds for prosecution?

Can criminal charges be filed against me for accepting 50% to be refunded to the ex?

Do I owe her the 50% that wasn’t refunded to her?

Jennifer Setters
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answered on Jan 31, 2025

Whether criminal charges could be filed against you for requesting and receiving a partial refund depends on several factors, including intent, agreements between you and your ex, and how the refund was processed. However, here are some key legal considerations:

1. Was It Fraudulent?...
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2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Domestic violence.

i am in a custody battle. parenting alienation. now i am charged with domestic violence (false claims) i was assaulted first with a bloody mouth. and I was seen trying to deflect her blows which appeared to be me hitting her. a restraining order was filed. my childs mother alleges she is scared of... View More

Jennifer Setters
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answered on Jan 31, 2025

This is a complex legal situation involving custody, parental alienation, false allegations of domestic violence, and a restraining order. Given the high stakes, you should consult an experienced family law attorney and possibly a criminal defense attorney as soon as possible. However, here are... View More

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2 Answers | Asked in Family Law for California on
Q: Can you revoke a POA without knowing the creation date in California
Jennifer Setters
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answered on Jan 31, 2025

In California, a Power of Attorney (POA) can generally be revoked at any time as long as the principal (the person who created it) is mentally competent. While knowing the creation date can be helpful, it is not always required to revoke a POA.

To revoke a POA, you should:

Draft a...
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3 Answers | Asked in Child Support and Family Law for California on
Q: Q: My ex “lost” the child support check I gave her 4 weeks ago. Do I legally HAVE to cut her a new check?

4 weeks ago I gave my ex a child support check (in full and in time). It was a cashiers check. She just messaged me to inform me that she misplaced the check, and is demanding that I process a stop payment for the original, and issue her a new one. I understand HOW to do this. My question is, what... View More

William John Light
William John Light
answered on Jan 31, 2025

Of course you do. You have an obligation to pay. You haven't paid, although through no fault of your own. You obligation still exists. Also, this is for your child. Shame on you for not immediately doing all you can to make sure your child has the money necessary for his/her survival,... View More

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4 Answers | Asked in Divorce and Family Law for California on
Q: What can I do if I cannot afford an attorney and my husband is an attorney and has retained one?
Tobie B. Waxman
Tobie B. Waxman
answered on Jan 27, 2025

The parties in a family law case are entitled to equal access to legal representation. If he can afford to hire an attorney, he can probably afford to contribute to the cost of you retaining an attorney. You just need to ask. You can file a motion with the court (called a "Request for... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: If the kids live with me is he still qualified for alimony and child support
James R. Dickinson
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answered on Jan 29, 2025

For child support, it depends primarily on the timeshare and the parties income. See the statewide child support guideline. Spousal support depends on whether the support you're referring to is temporary or permanent/long-term, and even, FC 4320 would need to be applied regarding the latter,... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: I am waiting on the final judgement for the last 3 months after i filed Declaration for Default/Uncontested Judgment.

I am waiting on the final judgement for the last 3 months after i filed Declaration for Default/Uncontested Judgment. The case was initially filed in march 2023. How soon can i expect a final judgement, this is in california contra costa county

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 24, 2025

Is that all you filed? If all you filed was the FL170, then nothing further is going to happen. To get a judgment entered, you have to file a judgment package which includes the proposed judgment (with FL180) and Notice of Entry of Judgment, in additional to a couple other forms.... View More

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3 Answers | Asked in Divorce, Family Law, Civil Rights and Legal Malpractice for California on
Q: at my last court hearing my attorney sexually assaulted my wife and I want to sue him and file charges against him
Louis George Fazzi
Louis George Fazzi
answered on Jan 17, 2025

That sounds terrible, and I would love to help you, but I'm a California lawyer and not admitted to practice law in Florida. You need a lawyer who is admitted to the practice of law in your state. I only know one lawyer who may have practiced in your state, but his practice is limited to... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: During a divorce can the husband ask for a ring back after they gifted it but are still paying it off?

In this instance they gave me the ring for marriage. He is still paying it off and when we ended our relationship he said I can keep it via email. If this was a gift does he have a right to ask for it back? I'm just unsure how it works or how the court would see it. I have the ring still and... View More

James R. Dickinson
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answered on Jan 17, 2025

There's an exception that transmutations be "made in writing by an express declaration" for "gift[s] between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is... View More

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2 Answers | Asked in Family Law, Bankruptcy and Divorce for California on
Q: Marital settlement agreement I agreed to pay my ex $400 every 2 wks from the spousal support that was being garnished

in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for SP and was able to get his wages garnished. At that point he was willing... View More

James R. Dickinson
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answered on Jan 16, 2025

A Marital Settlement Agreement (MSA) in California is a written contract between divorcing spouses that outlines the division of assets, debts, child custody, spousal support, and other terms related to their separation. Once signed by both parties and approved by the court, the MSA becomes part of... View More

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2 Answers | Asked in Divorce, Bankruptcy and Family Law for California on
Q: As part of a Marital settlement agreement I agreed to send back half of my ex check every 2 wks from the spousal support

in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for Spousal support and was able to get his wages garnished. At that point he... View More

James R. Dickinson
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answered on Jan 16, 2025

A Marital Settlement Agreement (MSA) in California is a legally binding document that outlines the terms and conditions agreed upon by both spouses regarding the division of property, debts, spousal support, child custody, and child support during a divorce or separation. It is typically negotiated... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: who is responsible for the mortgage payment during a divorce?

So family lived in community property for 15 years. I worked and paid the mortgage for the family. She was a stay at home. She inherited a mortgage free $1mil home and then 2 years ago filed for divorce. Separation Date 1/15/23. Divorce has been taking forever and I've agreed to paying... View More

James R. Dickinson
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answered on Jan 16, 2025

In California, a post-separation right to reimbursement allows one spouse to request reimbursement for expenses or payments made after the date of separation that benefit the community property. This right ensures that the paying spouse is compensated for contributions made during the separation... View More

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2 Answers | Asked in Family Law for California on
Q: I’m going to file my final judgment myself but ex & her lawyer won’t sign the FL-130 needed for it.

Can I still file the final judgment if my ex and her lawyer are refusing to sign the FL130 form that is needed in the final judgment packet? My case is in riverside county California

James R. Dickinson
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answered on Jan 14, 2025

In California, family law judgments are court orders issued after a legal proceeding, typically involving issues such as divorce, child custody, child support, spousal support, property division, or domestic violence. These judgments are legally binding and enforceable, meaning the parties involved... View More

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2 Answers | Asked in Family Law and Child Support for California on
Q: What do I need to file/do to correct when the Judge didn’t use the current Dissomaster (after Sep 1, 2024 version)?

Help! What do I need to file or do to have a correction done when the Judge did not use the correct Dissomaster (after Sep. 1, 2024) calculations on a Child Support modification judgment? At the hearing, the Judge was having trouble with computer software and ultimately ended up not updating to... View More

James R. Dickinson
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answered on Jan 14, 2025

In California, child support calculations are primarily based on the state's guideline formula, which takes into account both parents' incomes, the amount of time each parent spends with the child (parenting time or custody arrangement), and other factors such as health insurance, special... View More

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