My dad owns his house in Cupertino, it was reappraised after my mom passed a little over a year ago for 2.5 million. If he were to sell it today for say 3.0 million, would he need to pay Capital Gains? I was under the impression, that from the 2.5 appraisal and 250K exclusion for my dad and 250k... Read more »
Tax questions are very complex and a public forum such as this is not the place to find an answer to rely on. You need to take all the information and documents to a tax attorney or tax accountant for an opinion. There is also something called a 1031 exchange, which you can transfer the excess... Read more »
My soon to be ex left me with the house in California. I cannot afford it and she won’t sell. Cannot afford to get atty involved as there is no gain. Should I just go through foreclosure?
Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... Read more »
If your ex does not want to cooperate, there will be a long and VERY EXPENSIVE court proceeding called a Partition, where the Court can order the house to be sold, and proceeds divided. You need to contact her and explain that any cost for this is going to come out of the sale proceeds and is... Read more »
against me and I have not seen my 4yo in almost 2 years. my Judge is allowing him to continue harming me and my children. Nobody will help me and I cannot afford a lawyer.
MORE INFO NEEDED.
TRY TO CONTACT A LOCAL LEGAL AID IN YOUR COMMUNITY.
BEFORE YOU DO WRITE OUT ALL THE FACTS AS THEY WILL IN ALL LIKELIHOOD NOT HAVE A LOT OF TIME FOR EACH CLIENT.
BF Joe and ex have 5050 legal/physical custody order. Bi weekly. They go to trial to finalize the divorce soon. Been trying slowly to separate activities with the kids to not include his ex. The problem is the ex INSISTS-DEMANDS he come to her house for Christmas etc "for the good of the... Read more »
Joe should be asking his own questions. He should retain an attorney and file for orders clarifying the custody situation if this is not working for him.
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I have temp 100% custody and he has zero visitation- trial is coming. Our couples therapist will testify that he admitting to hitting the kids with belts and that he automatically just goes to the belt and he has a hard time stopping himself, he also demonstrated verbal abuse to me and admitted to... Read more »
Your chances of full custody are great. As to visitation, he will be allowed only supervised visitation Best of luck.
Married 8 years with 2 kids 11 and 7
Separated for the last 3 years.
We have a written mutually set amount of 1700/ month for Child support. Aug2017-oct2019 (letter, emails and bank statements as reference)
October of 2019 communication between us turned. child support... Read more »
Sometimes MSA's for child support work and sometimes it has serious consequences. In the case of retroactive child support, the courts look at date of separation and often to the date of request for orders. Your retroactivity, I have found to my chagrin begins from the date of request for... Read more »
I asked because at my family court hearing a family member was remove by the judge he put a holt to the proceedings and told the cop/ security to remove the father if my ex due to his behavior.and after he was removed the hearing resumed!
It depends on the practices of your individual Superior Court, which are run County by County. There may be a court reporter taking it all down, or it may be video taped, or recorded otherwise. Today some courts are open on Zoom (courts are open to the public but now the public cannot enter the... Read more »
I am living with the father of my 2 younger kids (3y and 5m) and he just broke off our engagement. I am moving back to Texas with all 3 of my kids.
I want to make sure that I have primary custody. I don't mind if my kids have visitation with him in CA but I want it to be under my... Read more »
Jurisdiction (the court's authority) regarding custody is based on where the kids have been physically present for the 6 months immediately preceding filing a custody action. If the children have been living here for at least 6 months and then you file in Texas, then most likely CA will still... Read more »
My ex is making up false stories and claiming our daughter has told her i said things like I'm gonna kill my ex. These are completely false. How can I get the court to have someone talk to my daughter? Can I file a request for order asking court to appoint an attorney for our child?
If you are currently involved in a court custody proceeding, you can ask the court to appoint minor's counsel for your child and then your child can discuss with that attorney what he or she has observed. The minor's counsel is another attorney in the case who can investigate, discuss... Read more »
Father never paid and I no longer have my divorce papers to see what was ordered. I have tried various public searches and still I'm unable to locate even the case #
You would need to seek the advice of an attorney in Texas, where the case was filed, for your answer.
I filed for divorce on 9/23/2020 in California (LA County). She was served on 9/28/2020 in her home state of Nevada (Clark County). Instead of responding to my petition, on 10/04/2020, she filed her own separate divorce case in Nevada, and served me today on 10/7/2020. The time limit to respond for... Read more »
You need to contact some attorneys in Nevada that specialize in divorce. Phillip Spradling is an attorney in Las Vegas who handles dissolution, look him up on internet, I don't have a number.
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My friends girlfriend recently gave birth to their son alone and told him he could not be there for the sole purpose of collecting some kind of financial benefits now that she has a child who no one has claimed the paternity of.
Either parent can contact the local Department of Child Support services and open case to get child support for the baby. This can be done whether or not the father was at the birth or is on the birth certificate. The father should request a paternity test if and when the mother does opens a case.... Read more »
Tell her if she doesn't stop you will report this crime to the police and have them take action. If I recall correctly it could be a $1000 fine for each occurrence. Call your local PD dispatch line and ask them which code section it is and what the fine is. Also suggest you find some uTube... Read more »
Hi
I have full legal sole and physical custody of my child (hes 12)
I was awarded full legal sole and physical custody
CPS took him off his mother and gave him to me because shes an alcoholic
I currently live in the SF bay area
I just got approved to move... Read more »
If the judgement in your child custody case states that you have sole legal custody and sole physical custody, you do get to decide where your child lives. However, you not want to be accused of kidnapping your child so I highly recommend that you schedule an appointment with a family law lawyer... Read more »
I had contacted the intire time but was unaware intill a year later when he took my son with his new girlfriend and kidnapped him to oregon while I was out of town dealing with personal matters without my permission when I tried to do something about it i found out about the court date that had... Read more »
more info needed.
it would be a good idea to contact legal aid in your community.
before you meet write out all the facts as they will not have a lot of time for you.
My ex and I have 2 children, 16 y/o. Our divorce left me in terrible finances, while he continued earning more, well over 6 figures. I left a great career a few years ago due to my daughter's difficult medical diagnosis.
My income is so low i am on medi-cal, and since my children live... Read more »
You are responsible for uninsured medical costs based on what your court order says. The language varies from case to case. Usually there is language in the order stating that the healthcare coverage should be free of cost or at reasonable cost. It does not sound like the insurance he has provided... Read more »
I was wondering what all i can get out of my divorce? My husband was an extremely emotionally abusive person and there has been times in which he was physically abusive. He cost me my job by calling my boss and accusing me of having an extramarital relationship with a coworker. The home and... Read more »
The family code in California has a section which states that all community property is divided 50-50 between the parties.
My babies dad has been arrested and sentenced about 4 times for breaking a no contact restraining order, which then was modified to peaceful contact for visitations after our dcf case was open. A week ago my mom made an incident report because she saw him outside my bedroom window. He did it again... Read more »
much more info needed.
it depends on a number of factors; his record, who the DA is and who the judge is etc.
this is a question that should be asked of his lawyer by him...........
if you are looking for him to do a lot of time, then maybe pose the question to the DA's office.
Our child is currently one and throughout this time the father only shows up to see him 2-3 times a month for about 15 minutes. The financial support is in the form of formula and diapers and almost always comes from the fathers dad. I filled for child support and he is claiming that due to his two... Read more »
I don't think he can go to jail if a family court orders child support. If he violates that order he could have additional problems, including loss of driving privilege. But, he can get the order modified if his income changes so it's really up to him to keep on top of the child support order.
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