The deadline for service of a Request for Order is 16 court days (plus 5 calendar days for service by USPS) prior to the hearing date on that Request for Order. The service deadline is not related to the date of your mediation. The fact that she failed to serve you with a blank Responsive... View More

With so little information about your case it is challenging to respond with anything more than some generalities about procedure... If you have not been served with papers, we will presume that you do not know what they say and accordingly you do know the details about what is being alleged and... View More

It's not a matter of voiding the agreement. What either party can do is seek a modification of the agreement or otherwise get a court order for a different amount of child support. What the court "dictates" is known as "guideline support". It's the law. If you and... View More

It's not a "correction". The fact of her cohabitation is grounds for modification of an existing spousal support order if the cohabitant has income and that income is used to contribute to the household expenses/cost of living expenses. It is not relevant to child support however.... View More

Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More

Signing the client's copy of the retainer agreement is not required to bind you to the contract. The attorney may well have signed his/her original or a copy and that would suffice. In any event, assuming there was no written agreement signed by both parties, the attorney would be entitled... View More

Review the invoices. If the work done was legitimate and necessary to your case, then yes, you should pay the invoices. The fact that your attorney may not have signed the retainer agreement you signed does not mean you are no longer obligated to pay for his/her services. If the fees were... View More

Yes, the financial disclosure documents and declaration can be served at same time as the summons and petition. Please see Family Code Section 2104(f), which states in pertinent part: "The petitioner shall serve the other party with the preliminary declaration of disclosure either... View More

Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child.... View More

Greetings. Yes, you are required to share the statements. While the community has an interest in the 401k during marriage up to date of separation, the value of that interest does not end on the date of separation, it ends on distribution.

There is no set number of days or hours that you... View More

I would recommend asking the person who gave you that information. That being said, it appears to me that the 5% is an estimated rate of return on the buy out amount offered. The key word being "estimated". In California, marriages under ten years, are not considered long term... View More

Each power of attorney gives different rights or powers to the agents (people who are given the powers.) Lawyers would need to read the Power of Attorney in your particular case before they could give you an opinion as to what your brother can and cannot do. The two most common documents in estate... View More

No one will read it. Unless there is a pending hearing, anything you file with the court will get stuck in the case file and no one will see it, read it, or consider it. If you have a hearing pending, the best way to get information to the judge that is relevant to that hearing is by way of... View More

The answer is: It depends. When someone in California dies, an analysis must be done to determine the total value of ALL assets that person owned (with the exception of a few assets, but a business is NOT one of the exceptions.) If the dollar amount of the assets totals $154,500 or higher, then... View More

Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More

The language in the divorce decree controls when your ex wife has to pay you for your interest in the property. Even though your name is no longer on the deed, your divorce agreement entitles you to a 40% stake in the property if that is the language contained in the agreement. The fact that your... View More

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answered on Sep 22, 2024

It is possible. Child support is based on the percentage of time each of you has the children and your respective incomes. For example, if you make very little money and he was very wealthy, he may have to pay child support even though he had both children the majority of the time. The same works... View More

Depends on the court. With some court (such as Los Angeles county), a Substitution of Attorney can be turned around the same day it is efiled. If you need it to hire new counsel, just get the signed (fully executed) copy from your attorney (whether filed or not). That will be sufficient for... View More

Generally speaking , a person who has full custody can request a change to a court order that initially said no child support was required. In California, they would typically need a good reason to have it changed, such as a significant change in their or your finances or a change in the... View More

The answer depends on what you mean by " relinquished [your] rights". But generally speaking. A person who has full custody can request a change to a court order that initially said no child support was required. In California, they would generally need a good reason to have it changed,... View More