I am the respond to a custody case. The following sentence was entered into the minute order after today's trial setting. What exactly does this mean? The petitioner did not show up and neither of us submitted the trial briefs or exhibit list.
"The Court therefore finds that... View More 
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answered on Apr 17, 2024
When a judge orders a Trial Setting Conference "off calendar," it means that the scheduled conference is being removed from the court's calendar on that particular date. In other words, the Trial Setting Conference will not take place on the date it was originally scheduled.... View More
My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More
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answered on Apr 17, 2024
In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.
Under the Dead... View More
Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?
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answered on Apr 17, 2024
Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:
1. The length of the marriage
2.... View More
My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment
answered on Apr 17, 2024
"just because" ?? Of course not. Multiple factors go in to deciding what custodial arrangement, aka "parenting plan" would be in the best interests of your children. How do you plan to accommodate the different needs of 5 children in a two-bedroom apartment? I think the first... View More
My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment
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answered on Apr 17, 2024
In California, custody decisions are made based on the best interests of the children, not solely on the size of each parent's home. Courts consider various factors when determining custody, including:
1. The children's ages and health
2. Emotional ties between the parents... View More
Child support case would I qualify for the accumulated funds?
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answered on Apr 16, 2024
I'm sorry for your loss. Regarding your question about potentially qualifying for accumulated child support funds after your mother's passing, the answer would depend on the specific details of the situation and how California law applies. Here are a few general points to consider:... View More
She is also the one setting the rules for the drop off and pick up times. Even though she knows im unable at her times because of my job. And she wont compromise she just fights with me and tells me im a bad mother. Me and my ex have never gotten a court order but they have said if I try, they will... View More
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answered on Apr 16, 2024
I'm sorry you're dealing with such a difficult and stressful situation regarding your children and your ex's new girlfriend. Here are a few thoughts on your legal options under California law:
- Even without a formal court order, both legal parents have equal rights to their... View More
Mom is a named protected person and my sister has power of attorney, but my dad is the original filler. Mom wants to communicate with me sister is medically isolating her using restraining order.
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answered on Apr 16, 2024
I understand this is a sensitive and complex situation. Since the original filer of the restraining order has passed away, the process for responding and requesting a modification may vary depending on the specific circumstances. Here are a few general steps you can consider:
1. File a... View More
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answered on Apr 16, 2024
I'm so sorry to hear that you are going through this difficult situation. Bigamy (marrying someone while still legally married to another person) is illegal in most countries, including the United States. Here are some steps you can consider taking:
1. Gather evidence: Collect any... View More
When we bought a house, She gifted money for house down payment $150,000 for us to settle in new house and new life. We moved here from Virginia. Also she wanted to my boys to live in great school district. He does not have any letter said
That money is gift for him. He thinks those money... View More
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answered on Apr 16, 2024
In California, which is a community property state, assets acquired during the marriage are generally considered community property and are divided equally between the spouses in a divorce. However, there are some exceptions, such as gifts or inheritances received by one spouse.
In your... View More
Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.
Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??
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answered on Apr 15, 2024
I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.
Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as... View More
My ex does not want to give me a cent. They say he is paying all my expenses instead of temp support. My husband kicked me out suddenly and says he gave me the card that night. I do not have it nor will provide my card. He has not paid my dr bill since Aug of last year. Now I am contesting paying... View More
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answered on Apr 15, 2024
In California, the court has the discretion to order temporary spousal support during the divorce proceedings. The purpose of temporary support is to maintain the status quo and ensure that both parties can meet their financial needs until a final judgment is entered.
However, the court may... View More
I have been nothing but kind to this woman. I sent 1500 in money and gifts for her baby. Her account has the same verbiage as my husband BS. The paper where your supposed to put if you have a dog she put I am on drugs Alcohol Meth and Mushrooms. Her husband and her are both ex convicts and Meth... View More
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answered on Apr 15, 2024
I'm sorry you're dealing with this difficult situation. A few key points about your legal questions:
In general, emails and text messages can potentially be used as evidence in court cases, including for restraining orders, if they are legally obtained. However, there are laws... View More
I made an settlement offer to my ex and he counter offered (petition filed August 2021). I agreed to counter offer and signed it before he did to help push it through for his signature. He has not signed it as of yet, and I signed his offer on March 11, 2024. He seems to just be stalling and his... View More
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answered on Apr 15, 2024
Under California law, if your ex made a settlement offer that you accepted and signed, but he has not signed it yet, you may be able to enforce the settlement agreement. Here are a few steps you can consider:
1. File a motion to enforce the settlement: You can file a motion with the court... View More
I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?
answered on Apr 15, 2024
Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free. You may have options.
See:... View More
I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?
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answered on Apr 15, 2024
I understand you are in a difficult situation and seeking legal assistance for a divorce. While it may be challenging to find a completely free divorce attorney, there are some options you can explore to get low-cost or pro bono (free) legal help:
1. Legal Aid Societies: Contact your local... View More
In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More
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answered on Apr 15, 2024
Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.
In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
answered on Apr 15, 2024
The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
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answered on Apr 14, 2024
I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More
Can I file an RFO changing the dealer/broker the judge named (during divorce trial) to handle the sale of a classic car due to a preexisting relationship between the dealer and the other party? I was ordered on 4-11-24 to transfer the car to the dealer within 7 days. I assume that the car must be... View More
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answered on Apr 14, 2024
Under California law, you can file a Request for Order (RFO) to modify the court's previous order regarding the dealer/broker appointed to handle the sale of the classic car. However, filing an RFO does not automatically stay or suspend the court's original order.
If you believe... View More
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