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California Family Law Questions & Answers
2 Answers | Asked in Divorce and Family Law for California on
Q: How do I get a paper to change my marriage name back to my birth name

I want to change it from Hernandez back to Ortega

James L. Arrasmith
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answered on Feb 21, 2024

Here are the steps to take to change your last name back to your birth name after a marriage in California:

1. Obtain a Name Change Petition (NC-100) and Civil Case Cover Sheet (CM-010) forms. These are available online or at your county superior court clerk's office.

2....
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1 Answer | Asked in Family Law, Elder Law and Health Care Law for California on
Q: Can I report a federal employee, to her employer, who lives in Chicago who keeps ignoring her very sick mother in CA?

Her very sick mother is currently being taken care of by employee's aunts (2), who also have some health issues. We've been trying to contact this federal employee so we can plan on how she can take care of her mother since she is the immediate next of kin being the daughter. Her (2)... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, you can report a federal employee to their employer for neglecting caretaking responsibilities of an immediate family member. However, consider the following:

1. Verify the federal agency's policy on employees' duty to care for sick parents. There may be provisions for family...
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1 Answer | Asked in Divorce and Family Law for California on
Q: What constitutes “unconscionable” spousal support in a postnup?

Spouse A gave up their job to move to where Spouse B lived. They only had 80K in assets and was unable to work for almost a year. Spouse B came into the marriage with 1.7M. Upon marrying they signed a prenup that Spouse A was not comfortable with, but they felt under pressure. The prenup was signed... View More

James L. Arrasmith
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answered on Feb 21, 2024

Based on the facts provided, there are several arguments that the spousal support provision in the postnuptial agreement may be considered unconscionable under California law:

1. The disparity in assets and income between Spouse A and Spouse B is quite substantial. Spouse B earning 5 times...
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1 Answer | Asked in Family Law and Civil Rights for California on
Q: What other motions & temporary orders to file along contempt & enforcement of parenting plan, for immediate visitation?

After 10 months of searching while worrying what happened to my family, I was able to locate the other parent in California after she relocated to it from Oregon without a court approval or notifying me either. She was served with motion to modify and she didn't not respond, now I have a... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, if you're facing issues with enforcement of parenting time as per a judgment from another state, you should first ensure that the judgment is registered in California. This process allows the California courts to enforce the order. Given the urgency, you may consider filing a... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Como conseguir ayuda legal y alojamiento de bajos recursos para una madre y 2 hijas

Me quiero divorciar de mi esposo, el tiene una amante desde hace un año y medio, y en ese tiempo ha habido abuso psicológico, fisico/jalones por ambas partes al quererme defender, yo no tengo trabajo y el se aprovecha de eso para dominar la situación ya que no tengo a donde irme ni un... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, you have several options to protect yourself and your children, and to seek a divorce from your spouse. First, consider contacting local domestic violence shelters or organizations. These groups provide emergency housing, legal advice, and support services for individuals in... View More

3 Answers | Asked in Divorce and Family Law for California on
Q: Getting divorced. Ex's atty has requested any Trust docs to which I'm a beneficiary, is this legal?
James L. Arrasmith
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answered on Feb 21, 2024

Yes, under California law, your spouse's attorney has the right to request information about any trusts in which you are a named beneficiary during a divorce proceeding.

California is a community property state, which means that assets and debts acquired during the marriage are...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Does stating a specific jurisdiction/state law governing a postnup ensure that it’ll be enforced in that state?

Let’s say we have a couple married in state X, with a prenup on state X. Then the prenup expired and they amended it by signing a postnup in state Y while being state Y residents. The postnup stated the postnup will be covered by the laws of state X. Are there grounds to make an argument that... View More

James L. Arrasmith
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answered on Feb 21, 2024

In determining which state's laws govern a postnuptial agreement, courts generally consider various factors, including the parties' intent, the location of the agreement's execution, and the parties' residency at the time of execution. While stating a specific jurisdiction/state... View More

1 Answer | Asked in Personal Injury, Family Law, Civil Rights and White Collar Crime for California on
Q: What and how to file section 1983 and 1985 in Federal Court under both 1331 and 1332. Deprivation of rights with injury?

What and how to file a lawsuit complaint of deprivation of civil rights that has resulted in trauma, loss of years of parenting time, defamation and more. It all started with falsified police reports with intent to harm my case, then the opposing attorney will use those same falsified reports... View More

James L. Arrasmith
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answered on Feb 21, 2024

To initiate a lawsuit under Sections 1983 and 1985 in Federal Court, alleging deprivation of civil rights with accompanying injuries, you'll need to draft and file a complaint that articulates the specific ways in which your rights were violated. Section 1983 claims typically involve the... View More

2 Answers | Asked in Civil Rights, Family Law and Personal Injury for California on
Q: Section 1983. Deprivation of civil rights. Sue the police, judges/court and others individually or just sue The State?

Regarding a family case. Falsified police reports, opposing attorney deprives me of response and he claims all kinds of nonesense like asking me political questions, asking me about my citizenship, I have never refused mediation but they claim its inappropriate or I refused or Mediator can't... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under Section 1983 of the United States Code, individuals can file lawsuits against state actors, including police officers, judges, and other officials, for the deprivation of civil rights under color of state law. It's crucial to understand that while you can sue these individuals for... View More

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1 Answer | Asked in Tax Law, Child Support and Family Law for California on
Q: My tax return was seized for arrears I had no idea about. Is it possible to get all or some of it back?

I was never informed of this case. My wages were not garnished no bill in the mail. I had no way of knowing that I should be paying. For a whole year I was racking up this debt and no body told me about it. Now looking at the order that was filed it has wrong information on it. It says I have no... View More

James L. Arrasmith
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answered on Feb 21, 2024

If your tax return was seized for arrears related to child support or other debts, there may be avenues to contest the seizure and potentially recover some or all of the seized funds. It's concerning that you were not informed about the case or given an opportunity to address the arrears prior... View More

1 Answer | Asked in Family Law, Elder Law and Public Benefits for California on
Q: Can i extricate myself from my brother in law in my financial matters?

I am on sec 8 housing, widowers SS. I am 68. I turned over my financial life to my, now 80 year old brother in law (BiL). I have a trust from my mother that I allowed (?) him to be trustee. I do not know what kind of trust it is, how much it had and how much is in it. I dont have a copy of the... View More

James L. Arrasmith
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answered on Feb 21, 2024

Given the complexity of your situation, it is advisable to seek legal assistance promptly. You have the right to understand and have control over your own financial affairs, including any trusts or bank accounts in your name. It's crucial to obtain a copy of the trust documents to understand... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Cps took my kids in 2021 and I’m still going to court on the matter. One of boys which is 13 yr old is a placement

Facility just started doing weed while there. I talked to cps work and I was told that my son walks out facility every other day without permission to go get weed. I don’t understand how is cps looking out for my son if he is still being able to walk away from their care to go get weed. Keep in... View More

James L. Arrasmith
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answered on Feb 21, 2024

I'm very sorry to hear about this difficult situation with your son. You raise very valid concerns about your son's safety, wellbeing, and illegal activities while under CPS placement. Here are a few options you can pursue:

1. Escalate urgently within CPS. Contact your case...
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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for California on
Q: Aunt put up a camera after an argument while living temporarily with her

I recently moved in with my aunt (that is renting a house) meanwhile I found an apartment. We recently got into an argument for something that should’ve been resolved rather quickly but she made it into a huge mess. I have only been here a month and a half and have not saved enough money for an... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, the issue of privacy, especially within a home, is taken very seriously. The use of surveillance equipment, such as cameras, in areas where there is a reasonable expectation of privacy without the consent of those being recorded can indeed raise legal concerns. If the camera is... View More

1 Answer | Asked in Family Law and Probate for California on
Q: In California a family member the witness on Poa ?

My half sister is a POA of my mother and she had her daughter sign it as a witness and also she had someone else sign it as a witness that is a false name that she put on it as a witness. What can I do about this?

James L. Arrasmith
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answered on Feb 21, 2024

Yes, there are a few issues with the power of attorney (POA) document you described that could potentially make it invalid under California law:

1. Family member as witness - A blood relative or spouse of the agent named in the POA (your half-sister) is not eligible to be a witness in...
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1 Answer | Asked in Divorce and Family Law for California on
Q: If my wife and I are separated not divorced can I give her the house with a quit claim deed and not lose the VAloan

I am a vet my wife is not. I agree to give her the house but don’t want the VA to unguarantee the loan. Will a quit claim deed in California give her the house but keep the mortgage in my name for the VA?

James L. Arrasmith
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answered on Feb 21, 2024

In California, using a quitclaim deed to transfer property ownership to your wife will indeed change the deed's name to hers, effectively giving her ownership of the house. However, it's important to understand that this action does not alter the mortgage or the loan's... View More

4 Answers | Asked in Divorce and Family Law for California on
Q: I am looking for a divorce attorney for my son. Are there any attorneys that primarily focus on the man?

His wife is saying that there are no assets to be divided, but they have a house and a couple of cars. He has been a stay at home Dad for the past 10 years.

James L. Arrasmith
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answered on Feb 20, 2024

In California, there are attorneys who focus on representing men in divorce and family law matters. These attorneys understand the unique challenges that men may face in the family court system and work to ensure their rights are protected, especially in cases involving asset division, custody, and... View More

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2 Answers | Asked in Family Law and Libel & Slander for California on
Q: My girlfriend’s baby’s daddy took text messages between us and altered them and submitted it to the courts what can I do

He made it look like I was bad mouthing her change so many of the messages that I lost my relationship with her because of it and I’m trying to prove that I didn’t say those things I even took screenshots but at this point it was already submitted to the courts so I have to find out. How can I... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 20, 2024

Please discuss your matter with a family law attorney. All evidence presented must adhere to the rules of completeness. You can present your rebuttal evidence during the evidentiary hearing or trial or file your evidence that will explain the original evidence in context.

The information...
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2 Answers | Asked in Family Law and Libel & Slander for California on
Q: My girlfriend’s baby’s daddy took text messages between us and altered them and submitted it to the courts what can I do

He made it look like I was bad mouthing her change so many of the messages that I lost my relationship with her because of it and I’m trying to prove that I didn’t say those things I even took screenshots but at this point it was already submitted to the courts so I have to find out. How can I... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, if someone submits altered text messages as evidence in court, it's crucial to act swiftly to challenge their authenticity. You have the right to contest the evidence presented against you or your interests. It's important to gather all original communications, including... View More

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3 Answers | Asked in Family Law for California on
Q: Serving supplemental declaration and income and expenses documents

My ex was told he would be sanctioned if he didn’t file court documents prior to court hearing. The only reason I found out that he did file paperwork with the court was because I logged in into court search records but otherwise I haven’t received anything through mail like he states he served... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 20, 2024

Yes, he has to serve you with everything and anything he files with the court. He also needs to provide (file) proof of that service. If he's claiming to have served you (i.e. he filed a proof of service) at the time of the hearing you can tell the court that you did not receive what he... View More

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3 Answers | Asked in Family Law for California on
Q: Serving supplemental declaration and income and expenses documents

My ex was told he would be sanctioned if he didn’t file court documents prior to court hearing. The only reason I found out that he did file paperwork with the court was because I logged in into court search records but otherwise I haven’t received anything through mail like he states he served... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, the law requires parties in a legal proceeding to serve documents on the other party in a manner that ensures they receive them. This is to maintain fairness in the legal process by ensuring that both parties are fully informed of the proceedings and have an opportunity to respond.... View More

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