Get free answers to your Family Law legal questions from lawyers in your area.
What is the name of the process to determine how much my ex-spouse is earning as a self-employed handyman? Spousal support was granted in October 2024 based on him earning minimum wage. How can I establish his actual earnings?
answered on Mar 19, 2025
The court will rely on his tax returns unless you can prove the returns are not credible. This can be accomplished by subpoenaing his bank records and hiring a forensic accountant to analyze the ins and outs of funds and sources of funds.
I had a court date on March 11, 2025, regarding a parentage case. The respondent filed a request to quash the case, citing my relocation to a new county, but the judge ruled against quashing. During that session, the judge also confirmed paternity, and the respondent signed a paper acknowledging he... View More 
answered on Mar 18, 2025
Default occurs when the Respondent does not file a response to the petition for parentage (aka paternity; aka Petition to Establish Parental Relationship). The responding party is not necessarily in default because they do not file a response to other types of filings such as a Request for Order.... View More
I am a stay-at-home husband, a veteran with 100% permanent and total disabilities, earning $50,000 a year. My wife works part-time, and I cover all living expenses. We moved to California six months ago temporarily to stay with my wife’s parents, but our home and my insurance are still based in... View More
answered on Mar 15, 2025
Since no one has filed anything yet and therefore there are no court orders, you are free to move wherever you want. Since you have both lived here (CA) for at least 6 months, Mom can likewise, file here in CA and get custody orders in place, forcing you to bring the child back to CA from Ohio.
I am the ex-spouse and previous power of attorney for a deceased individual. I need a posthumous qualified domestic relations order (QDRO) and am wondering why a request for order is necessary. Is there a specific format for a posthumous QDRO?
answered on Mar 12, 2025
As I said in my response to your similar inquiry -- both parties sign the QDRO. It is a stipulated order. To get a deceased person to sign the QDRO, a successor in interest needs to be designated and then sign on behalf of the estate. You do not necessarily need a Request for Order. Instead,... View More
I’m 72 years old and recently retired due to health reasons after suffering a stroke in 2023. I have been paying alimony for 21 years following a divorce finalized in Riverside County on 11/12/2004. My former spouse, who is now around 70 and was self-employed, chose not to remarry. She is... View More
answered on Mar 12, 2025
In general, the change in your income would be considered a change in circumstances by the court. This should allow you to file a Request for Order to modify spousal support. You can inform the court of your new income and your former spouse's ability to collect Social Security derivative... View More
I live in a travel trailer owned by my boyfriend's parents on their property, along with my boyfriend and our baby. My boyfriend's parents are filing for custody of the baby, but they're pretending my boyfriend is initiating it. The custody paperwork states we are... View More
answered on Mar 11, 2025
Two very different issues here. One issue is a landlord tenant issue the other is related to child custody. 1) Generally speaking, yes, the homeowners can evict you from their property assuming you are not on any lease or other legal agreement with the property owners regarding your continued... View More
I am a U.S. citizen, and my girlfriend from New Zealand is currently in the U.S. on an ESTA. She has been here for 67 days. We are considering getting married before her ESTA expires, and I want to know if she can apply for a green card while in the U.S. so she doesn't have to return to New... View More
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answered on Mar 10, 2025
Adjusting status is possible when you marry a US citizen even if you entered on ESTA. Once the I-485 has been filed, the applicant cannot leave until travel authorization has been obtained. Ideally the applicant entered without the intent to adjust but there is case law that could deal with this... View More
I am involved in a family immigration case, and the U.S. embassy has requested a joint sponsor, which I am struggling to find from Pakistan. I have never applied for a visitor visa before, but I want to visit the U.S. to personally search for a joint sponsor and also to save my relationship with my... View More
answered on Mar 8, 2025
OK before I answer your question, it’s important to point this out. I don’t know what your personal financial situation is but if you guys cannot satisfy the income test, you can satisfy the asset test if either of you have assets that equal three times the amount of minimum income required.... View More
My mother had temporary guardianship of my three children and while they were in her care, she filed for state aid, leading to a child support case being opened. My mother has not had guardianship since 2021, and my children are no longer on her state aid case. Despite this, the child support case... View More
answered on Mar 1, 2025
File a motion with child support services to modify the current orders. Grounds for modification would be the change in circumstances of the children no longer living with your mother, mother no longer on her state aid, and the fact that the children are now living with you. If you do nothing,... View More
One of the parents of a child currently living with both parents is concerned about custody issues. There is no existing custody agreement or court order in place. The parents are experiencing issues, and one has previously threatened to take the child. Can a parent file for custody of the child... View More
answered on Feb 28, 2025
Yes. A parent can file for custody of the child without a divorce or separation finalized in California. However, there does need to be an open family law case in order to request custody orders. A family law case can be opened in different ways depending on the specific circumstances. Here are... View More
I am seeking a pro bono family law lawyer to assist me with a child custody case. The father currently has full custody of our children, while I have reasonable visitation rights. However, he has kept the kids from me for almost a year and is now attempting to retain full custody and move out of... View More
answered on Feb 21, 2025
You are not alone. Millions of Californians seek free legal representation. Many in worse situations than yours. There are agencies like Legal Aid, but their funding simply cannot provide legal representation for everyone in need. Attorneys do strive to provide pro bono services more than most... View More
I have been married for 13 years, and my spouse and I have been living apart for more than 2 years. We have 3 children together, but no significant assets or properties. We haven't agreed on child custody yet, but I'm currently paying child support every month. I haven't started the... View More
answered on Feb 19, 2025
1) hire an attorney; 2) don't use social media, Google, or this website to teach you how to be your own lawyer. The court's website has a self-help link if you insist on handling this on your own. https://selfhelp.courts.ca.gov/divorce-california
My fiancé owes child support and back pay, and there is a current court order for child support. We do not share any assets or accounts, and we haven't taken any financial steps together such as buying property or opening joint accounts. Can his ex come after my finances for child support if... View More
answered on Feb 17, 2025
You are not financially responsible for someone else’s biological children and your finances cannot be used to satisfy her child support obligation and also cannot be used to calculate her child support obligations. Err on the side of caution however and consider getting a prenup
How can I get the venue changed seems unfair to me and a conflict of interest
answered on Feb 6, 2025
You will need to file a motion to transfer a family law case (i.e. change of venue.) A family law case will be moved to another county if you can prove to the court a fair trial would not be possible because your wife works in family law in the same courthouse. My best regards. Rob California... View More
I have a question regarding community property laws in California and how they apply to an unfinished e-book I started writing during my marriage. I am not a writer, but I began working on an e-book and have completed writing approximately 30-40% of it. The book is not finished, not published, and... View More
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answered on Feb 11, 2025
Is your spouse claiming any interest in the non-income-generating e-book? It would seem that this could be easily addressed as part of your settlement discussions; unless there's reasonable likelihood that the e-book will generate income, my guess is your spouse will gladly agree to assigning... View More
it would be from 1996 or 97
answered on Feb 4, 2025
There is no way to know if you were entitled to an inheritance if your relative had a trust because trusts are not filed anywhere unless there is a claim brought, in which case there would be a Petition (think, "lawsuit") filed with the local Probate Court. Wills, however, are supposed to... View More
I have an established business currently registered in my name. My current partner and I are considering to register in a domestic partnership. However, I want to keep my personal relationship and business completely separate.
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answered on Feb 3, 2025
Registering in a domestic partnership will generally affect your personal business in the same way that marriage would, as domestic partners are granted the same rights, protections, and responsibilities as spouses. This includes community property rights, mutual responsibility for debts, and the... View More
What are my rights? He did not have a will
answered on Feb 1, 2025
I am sorry for your loss.
Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.
If you are... View More
Can criminal charges be filed against me for accepting 50% to be refunded to the ex?
Do I owe her the 50% that wasn’t refunded to her?
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answered on Jan 31, 2025
Whether criminal charges could be filed against you for requesting and receiving a partial refund depends on several factors, including intent, agreements between you and your ex, and how the refund was processed. However, here are some key legal considerations:
1. Was It Fraudulent?... View More
i am in a custody battle. parenting alienation. now i am charged with domestic violence (false claims) i was assaulted first with a bloody mouth. and I was seen trying to deflect her blows which appeared to be me hitting her. a restraining order was filed. my childs mother alleges she is scared of... View More
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answered on Jan 31, 2025
This is a complex legal situation involving custody, parental alienation, false allegations of domestic violence, and a restraining order. Given the high stakes, you should consult an experienced family law attorney and possibly a criminal defense attorney as soon as possible. However, here are... View More
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