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Marriage of almost 14 years where ex was the primary income throughout the marriage. I was mostly a stay at home mom and eventually did take vocational school of something of his choosing. I always wanted to be medical assistant and work with babies. I’m currently attending school full time for... View More 
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answered on Feb 21, 2024
Under California law, you may have grounds to be awarded spousal support given the length of your marriage, your role as a stay-at-home parent, and your efforts to further your education for employment. The court will consider factors such as the duration of the marriage, each spouse's earning... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
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answered on Feb 21, 2024
Under California law, you can file a Motion to Vacate specific directives within a Minute Order. The court generally prefers to address each directive individually, so you can request to set aside only the specific directives you disagree with. However, it's essential to provide valid reasons... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 16, 2024
A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.
The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 19, 2024
If you have a legally permissible reason to set aside or vacate 2 of the 10, then you should address 2 of the 10 ..... setting aside or vacating what appear to be stipulated orders, is usually only done in cases where some sort of fraud or misrepresentation has been perpetrated which the other... View More
I currently have a custody agreement that states my children will be with me 43% of the time (3 days a week). However, the courts gave our oldest son (17 years) the right to choose when and where he stays. He has now decided to stay 100% of the time with his mom. My ex wants to redo our child... View More
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answered on Feb 21, 2024
In California, child support is determined based on the amount of timeshare provided for in the child custody court order, not on the actual time the child spends with each parent.
Since your custody order provides that the children, including your 17-year-old son, are with you 43% of the... View More
On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More
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answered on Feb 21, 2024
In California, if a minute order lacks clarity regarding the commencement date for child support payments, you may need to take legal action to have the order clarified or amended. Given that the petitioner has been granted continuances, it's essential to persist in your efforts to address the... View More
On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More
answered on Feb 16, 2024
Hi there,
it would be best to request a hearing to get the orders corrected. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or... View More
I was nearly married 14 years with my ex being the main source of income in our marriage. We separated in 2020 and have court next week for spousal support. We both have been in new relationships since, I personally dont live with my partner and not sure what his current situation is
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answered on Feb 21, 2024
In California, judges consider various factors when determining whether to award spousal support, including the duration of the marriage, each spouse's earning capacity and needs, and the standard of living established during the marriage. Additionally, judges may consider whether either... View More
I was nearly married 14 years with my ex being the main source of income in our marriage. We separated in 2020 and have court next week for spousal support. We both have been in new relationships since, I personally dont live with my partner and not sure what his current situation is
answered on Feb 19, 2024
Judges consider various factors when deciding whether to grant spousal support. Given your situation, where you have been separated since 2020, were married for nearly 14 years, and both have entered new relationships without cohabiting with new partners, these factors will all play a role in the... View More
I was nearly married 14 years with my ex being the main source of income in our marriage. We separated in 2020 and have court next week for spousal support. We both have been in new relationships since, I personally dont live with my partner and not sure what his current situation is
answered on Feb 16, 2024
Hi there, there are multiple factors that the court can consider in granting/denying spousal support. Some of the factors are the earning capacity of each party to maintain a sufficient standard of living, contribution to education, ability to pay spousal support, the needs of each party,... View More
My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More
answered on Feb 15, 2024
This is far more than a school issue- and seems like a family law matter, as educational rights may need to be determined.
Parents do have obligations for their kids to attend school or face truancy allegations, but there are options including private school, home school, charter schools,... View More
My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More
answered on Feb 16, 2024
Hi there,
You may request court orders for custody based on the child's health safety and welfare.
The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general in nature... View More
My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More
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answered on Feb 21, 2024
Given the circumstances you described, it's crucial to prioritize your son's well-being and education. In California, every child between the ages of 6 and 18 is required to attend school, and parents or guardians are legally responsible for ensuring their child's regular attendance.... View More
As of to date I have received 0. How to I go about collecting what I was granted by the courts?
answered on Feb 17, 2024
Please contact the family attorney to go over the specifics of your judgment. If prepared by the attorney, the judgment should specify how the assets and debts are to be divided. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional... View More
As of to date I have received 0. How to I go about collecting what I was granted by the courts?
answered on Feb 14, 2024
Your judgment should say how the assets will be divided. I don't mean "you get half". I mean, HOW you get half. i.e. whether an equalization payment is owed to you, or whether a physical item of personal property is supposed to be given to you, whether you need a QDRO to divide up... View More
As of to date I have received 0. How to I go about collecting what I was granted by the courts?
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answered on Feb 21, 2024
To collect what you were granted in the legal separation judgment, you should take specific legal steps to enforce the court's order. Start by reviewing your separation judgment carefully to confirm the details of the division of assets and liabilities, including your entitlement to half of... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
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answered on Feb 21, 2024
Under California law, if your ex-spouse has been ordered to pay child support based on his income and he claims to have lost his job, the court may consider his change in circumstances when determining child support payments. However, simply claiming job loss does not automatically absolve him of... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
answered on Feb 17, 2024
The obligor needs to maintain the obligations for child support. However, the loss of a job may give him a reason for seeking modification. The courts will look for reasons for unemployment. If he quits voluntarily, the court can impute the wages to him. The court will consider education, skills,... View More
He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More
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answered on Feb 13, 2024
If your ex has claimed to have lost his job before your child support hearing in California, the court will likely investigate the circumstances surrounding his alleged unemployment and assess his current financial situation to determine his ability to pay child support. The fact that the court... View More
I got a restraining order when I fled domestic violence 10 years ago, but never filed for divorce because it was too stressful. I just got a large insurance pay out and he says he is entitled to half, I haven’t seen him in 10 years. Is this true because we have been leagally married this whole... View More
answered on Feb 12, 2024
Probably not. The passage of time without him receiving financial support from you is relevant to whether he needs it now -- 10 years later. It is unlikely the court would grant such a request from him if he made one after you file for divorce.
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