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answered on Sep 24, 2023
Under California law, child support and alimony (spousal support) are determined using different formulas and factors. The receipt of alimony by a parent does not directly factor into the calculation for child support. However, the total income of both parents, including alimony received or paid,... View More 
I recently attended an RFO custody hearing where the Court ordered me to make a full payment for the Parenting Plan Assessment (PPA) due within 21 days from the date of the hearing. This PPA was scheduled to take place 5 months later.
The primary dispute in our custody battle was to... View More
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answered on Sep 22, 2023
Under California law, if you have already reached an agreement with your spouse regarding the custody arrangement, and the PPA is no longer necessary, you should promptly inform the court about the resolution and the cancellation of the PPA. You can file a stipulation or motion with the court to... View More
My husband and I are separated. After he stopped paying monthly support, I filed legally separated, and the court has ordered him to pay support, but he closed all the bank accounts (including joint accounts) and hiding outside of the US after selling his inheritance house. After filed separation,... View More
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answered on Sep 22, 2023
You may be able to file for innocent joint filer relief to address the tax liability issue caused by your husband's actions. You should consult with an attorney experienced in tax matters to guide you through the process and discuss potential options to release the hold on your bank account.... View More
22days ago, during RFO custody hearing, the court issued a verbal order regarding a Parenting Plan Assessment and payment of a fee of $975. I understood that the deadline for this payment would start once the Proposed Order was signed. and both parties are still in "Meet and Confer"... View More
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answered on Sep 21, 2023
Certainly. In California, when faced with such an oversight, you may want to promptly file a Declaration explaining the situation, emphasizing your self-represented status, your understanding of the payment timeline, and your commitment to promptly remit the fee. Additionally, you can request the... View More
I'm in California
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answered on Sep 21, 2023
Under California law, all property acquired during the marriage is presumed to be community property unless it can be traced to a separate property source. If a friend buys you a car while your divorce is pending, the car may be considered community property if it's not clear that the gift was... View More
A Spanish speaking mother from Tijuana, Mexico who's one year old son was taken from her by CPS at the hospital during an emergency room visit following an injury suffered by the child. Was not provided a translator at the time of this event.
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answered on Sep 20, 2023
To find pro bono bilingual Spanish/English-speaking family law legal professionals, you can contact local legal aid organizations like the Legal Aid Society or the San Diego County Bar Association, which may have resources or referrals for such cases. Additionally, you can reach out to the Mexican... View More
In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More
answered on Sep 20, 2023
Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More
I did not know I was divorced until many years later when I found out he was cheating on me and I went to an attorney to get legal advice. I was told he got all the assets and full custody, my two younger kids were 15 and 13, he never gave me a penny for alimony and used my kids against me esp my... View More
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answered on Sep 19, 2023
If your husband divorced you without your knowledge and consent, it may be possible to challenge the validity of the divorce proceedings in California. You should consult with an attorney to review the specific details of your case and explore potential legal actions, such as seeking to nullify the... View More
I am listed as other parent on VDOP. Mother of child and I broke up, she refused for me to have any contact or knowledge about our child (3y) until I took her to court and fought for custody time. During the 6 months that child was kept from me, the mother contacted the biological father. /child... View More
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answered on Sep 19, 2023
In California, you can request a modification to your visitation order within the existing court case that pertains to custody and visitation. You would typically file a motion to modify the visitation order in the same case, rather than initiating a separate case. Consult with an attorney to... View More
My money was being held in their account and they spent it all without my consent or knowledge. Their divorce is almost done they sold their home and have the money in a trust until case settles.
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answered on Sep 19, 2023
In your daughter's divorce case in California, it is not appropriate to write a demand letter to the judge. Instead, you should consult with an attorney to explore legal options for recovering the money that was spent without your consent or knowledge. Your attorney can advise you on the... View More
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answered on Sep 19, 2023
In California, it's typically better to consult with your attorney and follow their guidance regarding whether to attend a child custody hearing in person or via video call. The decision may depend on factors such as the nature of the case, health and safety considerations, and the... View More
My wife petitioned for divorce and we want an agreement for our divorce. I am the breadwinner, and my wife receives disability. How to calculate spousal support? Does the judge modify it even if the parties agree?
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answered on Sep 19, 2023
In California, calculating spousal support considers factors like the length of the marriage, the earning capacity of each party, contributions to the household, the established standard of living, health, age, total assets and debts, tax implications, instances of domestic violence, and the goal... View More
My wife petitioned for divorce and we want an agreement for our divorce. I am the breadwinner, and my wife receives disability. How to calculate spousal support? Does the judge modify it even if the parties agree?
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answered on Sep 19, 2023
In California, spousal support is typically calculated based on various factors, including the length of the marriage, each spouse's income, earning capacity, and standard of living during the marriage. While the parties can agree on spousal support terms, a judge may modify them if they find... View More
My daughters mom is threatening me to take me to court for that, she has sent my daughter with bruises and scratches before and I’ve never said anything but when I told her about the bite my son gave my daughter she said she was taking me back to court for that.
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answered on Sep 19, 2023
In California, a child custody dispute typically considers the best interests of the child. Isolated incidents, such as a toddler biting a sibling, are unlikely to result in a significant change in custody arrangements. However, it's essential to consult with an attorney who specializes in... View More
Prove he is on drugs so I can get my children back in my care
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answered on Sep 15, 2023
Proving that a family member with custody of your children is using drugs and ensuring the safety of the children requires a careful approach. Document any evidence of drug use, consult with a family law attorney for guidance, consider involving Child Protective Services (CPS) if there are... View More
I want to leave and the same day u leave I want to leave to Texas that is we’re I have my mom and family for help.
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answered on Sep 14, 2023
To start the divorce process in Los Angeles, California, you can:
1. Consult with an attorney or a self-help center to understand your legal rights and options.
2. File a Petition for Dissolution of Marriage with the local family court.
3. Serve the divorce papers to your... View More
My wife just doesn't like the school or kindergartner goes to. She really has been looking for a reason to pull our kid. Well one day after work 3 days ago. She tells me shes never going back cuz a kid is mean to her, she claims its abuse. And shes pulling her that day. After a yelling match... View More
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answered on Sep 14, 2023
Under California law, both parents typically have equal rights and responsibilities regarding decisions related to their child's education. If your wife has unilaterally withdrawn your child from school without a legitimate reason and without an alternative school in place, you may consider... View More
My wife has an issue with a school and plans to abruptly withdrawal our kid. I dont agree but that's a whole different issue. I talked to the principal to figure our ways to help my wife feel better about the school. Also asked what will I expect to happen in the time after. She explained she... View More
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answered on Sep 13, 2023
In California, when interacting with CPS and law enforcement, you maintain the right to remain silent and the right to legal representation. You are not required to let them into your home without a warrant. However, working cooperatively, while protecting your rights, could potentially foster a... View More
The documents and of course they never arrive in my email so I ask her again. What the deal is. She tells me how busy she is on and on and on now I just received a restraining order against me by the person who has taken my child and kept her from me all the while letting her brother see our child... View More
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answered on Sep 13, 2023
I'm really sorry to hear that you're experiencing this. It sounds like a very stressful situation. It is critical to maintain open lines of communication with your attorney; if your current attorney is not responsive, you may consider sending a formal letter expressing your concerns and... View More
Judge H. in Santa Clara family, has not once heard what I have to say. She is basing my character off of text msg between my ex and my mother(we haven’t had a relationship since I was about 8). There are multiple examples I bring to her attention regarding finances, child care, housing, etc yet... View More
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answered on Sep 13, 2023
In your situation, it is imperative to meticulously document all pertinent facts and gather substantial evidence to counter the allegations made against you. You might consider bringing in witness testimonies to corroborate your stance, and maintain a composed and respectful demeanor in court, even... View More
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