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California Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for California on
Q: I give my kids mom 800 a month 2 kids 13 n 9 years old and we are on a 50/50 custody

They are with me everyday after work i from 5pm till next day that i take them to school and she pick them up one weekend with me and one with her

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, child support amounts are typically calculated using a formula that considers both parents' income, the number of children, and the time each parent spends with the children. Given your 50/50 custody arrangement and the payment of $800 per month, it's important to... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: is it illegal for parents to hold keep their 33 year old daughter locked up and never be allowed to leave home.
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answered on Apr 23, 2024

In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.

Holding someone against...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How feasible is it to modify the agreed upon "temporary" child support and alimony?

During the divorce proceedings, we reached a compromise on the TEMP child support and alimony amounts through an agreement, without using the Dissomaster or a judge's ruling. Our marriage lasted four years, and I have made payments for six months. To my knowledge, the temporary custody... View More

James L. Arrasmith
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answered on Apr 22, 2024

Under California law, modifying temporary child support and alimony orders can be challenging, but it is possible if there has been a significant change in circumstances. The court will consider various factors when determining whether to modify the existing orders.

To file a Request for...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: My niece lives in Arizona with her son. At this time they are homeless. My niece has several dogs and will not give them

up. so this makes it hard for them to find a place to live. I am going to be the temporary guardian of my great nephew in Calif. until she can get on her feet. Can i do this without a court. Just a notary with her consent? He is 16 years old. He also has monthly funds that I am assuming will... View More

James L. Arrasmith
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answered on Apr 22, 2024

In California, a parent can grant temporary guardianship of their child to another adult without going through the court system, as long as both the parent and the guardian agree to the arrangement. This can be done by drafting a written agreement that clearly outlines the terms of the... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: married for 44 years, filing a divorce from husband, retried & only receives social security can I receive spousal supp

Would I be able to receive spousal support?

James L. Arrasmith
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answered on Apr 22, 2024

In California, a spouse may be entitled to spousal support (also known as alimony) after a divorce, depending on various factors. Given the length of your marriage (44 years) and the fact that you are retired and receiving only social security, you have a strong case for receiving spousal support.... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: My son is in foster care right now and October 4, 2023 the resource parent was arrested for a DUI was not informed

I was not informed of this until 5 months later and i only find out when my attorney received the casa report in march 2024. My son was in substantial harm the entire time he was in this placement

James L. Arrasmith
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answered on Apr 21, 2024

I'm so sorry to hear about this alarming situation with your son's foster care placement. It must be incredibly distressing and frustrating to have only found out about the foster parent's DUI arrest months after the fact, especially given the potential harm and risk to your... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: What do I do If custodial parent refuses to provide me with childcare receipts within the 30 days given by the judge?

We recently had our child support case heard , and custodial parent added on childcare expenses for our 12 years old son. The judge said I can pay my half directly to the provider or I can reimburse mother for the expenses so the judge ordered her to provide me with the providers phone number and... View More

James L. Arrasmith
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answered on Apr 21, 2024

If the custodial parent fails to provide you with the required childcare receipts and provider information within the 30-day timeframe set by the judge, you should take the following steps:

1. Document your attempts to obtain the information: Keep a record of any communication (emails, text...
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1 Answer | Asked in Adoption, Family Law and Child Custody for California on
Q: can i get custody of my brothers if i only have witnesses and online proof and medical records of parents abuse
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answered on Apr 20, 2024

Under California law, obtaining custody of your siblings based on evidence of parental abuse involves a legal process where the court prioritizes the safety and welfare of the children. Witnesses, online proof, and medical records documenting abuse can be substantial evidence in your case.... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: My husband claiming reimbursement for his separate property which is before marriage assets.Is he possible to do that ?

He’s claiming for reimbursement of his before marriage assets. Credit card, saving account, military thrift saving, two cars, house in GA etc.

currently we live in CA.

It’s total equity $143,213.

I was living in the house and using a car before marriage, we were living... View More

Robert Kane
Robert Kane
answered on Apr 20, 2024

Spouses can (and do) claim many things in divorce proceedings that lack any factual or legal basis. This may be one of those situations. You shouldn't concede this reimbursement or equalization, but I didn't think you would even if some attorney on a free online Q and A told you to do so.... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My husband claiming reimbursement for his separate property which is before marriage assets.Is he possible to do that ?

He’s claiming for reimbursement of his before marriage assets. Credit card, saving account, military thrift saving, two cars, house in GA etc.

currently we live in CA.

It’s total equity $143,213.

I was living in the house and using a car before marriage, we were living... View More

James L. Arrasmith
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answered on Apr 20, 2024

In California, which is a community property state, assets acquired before marriage are generally considered separate property and not subject to division upon divorce. However, if there have been any improvements to the property using marital funds, or if the property has increased in value due to... View More

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1 Answer | Asked in Family Law and Elder Law for California on
Q: Should I file PC 273 and PC 166 at the same time?

I was granted an elder abuse restraining order the person that the restraining order was for was in the court and handed the restraining order by the bailiff there was a court order for her to return all my belongings she never returned nothing so I got this restraining order in family law Court... View More

James L. Arrasmith
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answered on Apr 20, 2024

Based on the information you provided, it seems that the person against whom you obtained an elder abuse restraining order has violated the order by not returning your belongings as required by the court. In this situation, you may consider the following steps:

1. PC 273.6: This is the...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: mail service of response to request to renew DVRO was returned to sender due to mysterious address issue, what do i do?

Hi! I filed a response to a request to renew a restraining order and had service by mail performed this week. Server already filled out and I filed the proof of service document, however it looks like the actual envelope itself was returned to sender/the server due to an address issue. Correct... View More

James L. Arrasmith
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answered on Apr 19, 2024

Under California law, when a restraining order response is served by mail and the mail is returned as undeliverable, you should take the following steps:

1. Check the address: Double-check that the correct address was used for the other party. If there was an error, correct it and attempt...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: DVRO Ex talked about my dead parents first when in discussion. So I talked about his dead wife. summitted as evidence?

I have a recording of my husband talking about my dead parents. I sent him a text that talks about his dead wife. Now in the DVRO rewsponse he is complaining about it? How would you present that?

James L. Arrasmith
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answered on Apr 19, 2024

I understand this is a sensitive and emotionally charged situation. In a legal context like a Domestic Violence Restraining Order (DVRO) case, it's important to focus on presenting factual evidence that is directly relevant to demonstrating abuse or threats of violence.

Bringing up...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: DVRO my husband told the all the Drs. he had a garage accident and now in the response he says I cut his eyelid?

I have no way to get his medical record or what he said to the dr. but he is saying the his response I hit him.

Can he just make that up?

James L. Arrasmith
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answered on Apr 19, 2024

In a domestic violence restraining order (DVRO) case in California, both parties have the right to present their side of the story and provide evidence to support their claims. However, it is not legal for either party to make false statements or fabricate evidence.

If your husband is...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: if my home is a toxic place and i am 15 teen and I have a 20year old friend who is willing to take me in and house me

if i text them to take me away form my home to their house could they face legail consequences

James L. Arrasmith
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answered on Apr 18, 2024

In this situation, there could potentially be legal consequences for your 20-year-old friend. In California, it is generally illegal for an adult to house a minor who has run away from home without parental consent. This could be considered "harboring a runaway" or "contributing to... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: SantaBarbara Co. I have docs to file in San Bernardino Co order for support spousal.

I “freeze up” w this process. I’m disabled cognitively. I need help/guidance. Divorce court has filled docs for me. But I don’t know where to start? I’ve rec’d conflicting info from each county/court. .

James L. Arrasmith
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answered on Apr 18, 2024

I understand that the process of filing court documents can be overwhelming, especially when dealing with a cognitive disability. Here are some steps to help guide you through the process:

1. Confirm the correct court: Make sure you are filing your documents with the correct court in San...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My ex husband put a tracking spyware electronics. I just busted him?

My soon to be ex called a google voice number that i signed up for and left alone for 2 days. He called it teice. His lawyer produced a document i would have never sent him. I have a bunch of mean text but how do i know i wrote them. Also some very important text have been wiped from my phone and i... View More

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answered on Apr 18, 2024

Under California law, it is illegal to install spyware or tracking software on someone's electronic devices without their knowledge and consent. This falls under the category of invasion of privacy and can be considered a form of stalking or harassment.

If you have evidence that your...
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1 Answer | Asked in Divorce and Family Law for California on
Q: can you help me find a statute or code that states that when community property is to be sold and the proceeds divided,

can you help me find a statute or code that states that when community property is to be sold and the proceeds divided, the parties have a right to use a licensed broker/dealer or neutral third party

James L. Arrasmith
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answered on Apr 18, 2024

Certainly, I can help you find the relevant California statute. The specific law you are looking for is California Family Code Section 2108, which addresses the division of community property. Here is the relevant excerpt from the code:

"In any case in which the parties do not agree...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex of 18yrs moved out and notarized a document giving me full custody of kids and allowing me to stay in his condo

until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Determining the Effective Date for Modified Support Payments After a Change in Income During Divorce?

During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:

1) Retroactively from the time the income changed,... View More

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answered on Apr 18, 2024

Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:

1. Retroactively from the time the income changed: Generally,...
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