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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 17, 2024
In general, separation and divorce do affect the insurance payouts if you share policies. Please discuss your particular facts with a family law attorney. Restraining orders have time limits unless you obtain a permanent one. The information provided presents opinions and examples and does not... 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
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answered on Feb 21, 2024
In California, if you file for divorce, the court will consider various factors when determining whether to award alimony, also known as spousal support. These factors include the length of the marriage, each spouse's earning capacity, their standard of living during the marriage, and any... View More
Ex spouse was ordered to pay $3,122 a month in CS and $2,607 a month in SS with a 3 month acceleration clause on arrears.
This year I was only given $12,000 total in small amounts periodically, often going 1 or 2 months with nothing. Ex seems to think that as long as he makes any payment no... View More
answered on Feb 17, 2024
Please talk to a family law attorney before considering any contempt actions. There are specific elements that a charging party must prove to establish contempt. Additionally, there are many defenses which may or may not apply. The information provided presents opinions and examples and does not... View More
Ex spouse was ordered to pay $3,122 a month in CS and $2,607 a month in SS with a 3 month acceleration clause on arrears.
This year I was only given $12,000 total in small amounts periodically, often going 1 or 2 months with nothing. Ex seems to think that as long as he makes any payment no... View More
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answered on Feb 9, 2024
Generally, for a parent to be found in contempt for failing to pay child or spousal support, the court must find that the parent had the ability to do so and willfully didn't. Contempt is what we call a quasi criminal proceeding that requires proof of intent. If someone is ordered to pay... View More
Ex spouse was ordered to pay $3,122 a month in CS and $2,607 a month in SS with a 3 month acceleration clause on arrears.
This year I was only given $12,000 total in small amounts periodically, often going 1 or 2 months with nothing. Ex seems to think that as long as he makes any payment no... View More
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answered on Feb 21, 2024
No, that is generally not true under California law. Making only partial child support payments that fail to meet the full monthly amount ordered by a California court could potentially subject your ex spouse to contempt charges.
Even if a parent lives out of state, such as in North... View More
I made the mistake of using a divorce attorney who is a friend of the family. At least he was supposed to be a friend of the family but he’s done nothing for me except run legal bills. I hired one attorney, and suddenly there are three showing up at court with me All billing. we’re going on... View More
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answered on Feb 21, 2024
This situation raises several concerns about potential ethical violations and questionable conduct by your attorneys. Here are the steps I would recommend taking:
1. Review your retainer agreement and all billing statements for irregularities. Dispute any unfair fees in writing.
2.... View More
I made the mistake of using a divorce attorney who is a friend of the family. At least he was supposed to be a friend of the family but he’s done nothing for me except run legal bills. I hired one attorney, and suddenly there are three showing up at court with me All billing. we’re going on... View More
answered on Feb 9, 2024
I am sorry for your issues.
Something sounds amiss. It may in fact be exactly what you say and it may in fact
be a misunderstanding on someone else's part? Your part even? IF you have
proof of what you signed and you call that to the attention of your attorney and... View More
Can I have the original child support order reopened?
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answered on Feb 8, 2024
Yes, in California, if your ex-husband has not honored an agreement related to child support, you generally have the option to seek enforcement or reinstatement of the original child support order through the court. If the case was officially closed with the court, you would need to file a motion... View More
Can I have the original child support order reopened?
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answered on Feb 21, 2024
Yes, you can request to reopen your original California child support order if your ex-husband has not honored the separate agreement made to close the child support case.
Under California Family Code Section 3651(c), the court has jurisdiction to set aside or vacate a child support order... View More
Now that my brother has pulled the plug on a short term marriage (6 yrs), his lawyer told him his inherited house is still his but he may have to pay a percentage of the community property (his pay check) used towards a refinance to pay out my half of that house. His lawyer had the first hearing... View More
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answered on Feb 5, 2024
In California, a final judgment in a divorce case can indeed be issued at the first hearing, especially if the case is uncontested and all necessary paperwork and agreements between the parties are in order. However, whether this happens depends on the complexity of the case, the completeness of... View More
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answered on Feb 4, 2024
Under California law, if a will has been filed by a non-family member, and you have concerns or believe that the will does not accurately reflect the decedent's intentions, you have the right to contest the will. To do this, you must have legal standing, meaning you would have been entitled to... View More
No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More
answered on Feb 3, 2024
You can search the court records for your name to see if a lawsuit was filed on your behalf. However, if you have lost contact with your attorney, it is highly unlikely that a settlement was achieved, even if a lawsuit was filed. Attorneys generally don't have authority to enter into... View More
No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More
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answered on Feb 3, 2024
In California, if you have lost touch with an attorney who was handling a significant case for you, there are several steps you can take to reconnect or to find out the status of your case. Given the serious nature of your situation, understanding your options is crucial.
First, you could... View More
I have a CA Family Law Court Order that ex-spouse owes me a large sum of money. He has made no payment on the debt. He resides in Florida. Can my CA legal fees to turn the Order into a Judgment in order to domesticate it in Florida be included in MC-0112 memorandum of costs?
Can Florida... View More
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answered on Feb 3, 2024
Under California law, when seeking to turn a Family Law Court Order into a Judgment (MC-012), certain costs can be included in the MC-012 memorandum of costs. These costs typically encompass fees related to the court process, such as filing fees, service of process fees, and court reporter fees,... View More
After divorce, I filed an RFO resulting in a Court Order that ex spouse pay me $200K+.
For purposes of calculating rate of interest on an unsatisfied debt, does the same rate apply to Orders as for Judgments as delineated in CA Codes "(ccp:685.010-685.110) 685.010. (a) Interest... View More
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answered on Feb 3, 2024
In California, the interest on judgments, including those from family law orders, generally accrues at the statutory rate specified in the California Code of Civil Procedure (CCP) Section 685.010(a), which is 10 percent per annum. This applies to the principal amount of a money judgment that... View More
Under the table for previous employer, and the cash was not reported to me or the IRS and also in good faith we discussed a lump some at the end to help me . My question is, would I be able to take legal action against him for lying about his financials coercing me to sign papers that were not in... View More
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answered on Feb 1, 2024
Under California law, if you believe you signed divorce papers under duress and your spouse concealed income, you may have legal options. You can seek to set aside the divorce judgment based on fraud or duress. If it can be proven that your spouse intentionally hid income and misled you, it may... View More
Our names are posted on the lease, she's hidden the other fob and does not allow me access to the vehicle. She wants me to sign over rights to her so she can have the vehicle free and clear. I would rather us get rid of the vehicle all together and allow her to finance her own vehicle in her... View More
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answered on Feb 1, 2024
In California, you have legal options to address this situation. Since your name is on the lease and you have ownership rights, you can request that the court issue orders during the divorce proceedings regarding the vehicle. You do have a right to access the car, so you should not be denied use of... View More
I have filed a Request for Order (RFO) for custody modification in Los Angeles County.
Ahead of the RFO hearing, a mediation has been scheduled two weeks prior to the custody hearing.
If I hire an attorney, can my attorney accompany me to provide coaching or listen to the... View More
answered on Feb 1, 2024
Anytime someone files a RFO related to custody, the court automatically schedules a mediation. This is a free service provided by the LA superior court. The parties attend WITHOUT legal counsel. Parties are not permitted to bring an attorney with them to these mediations. You of course are free... View More
I have filed a Request for Order (RFO) for custody modification in Los Angeles County.
Ahead of the RFO hearing, a mediation has been scheduled two weeks prior to the custody hearing.
If I hire an attorney, can my attorney accompany me to provide coaching or listen to the... View More
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answered on Feb 1, 2024
In California, during a custody mediation meeting that is part of an RFO (Request for Order) process, it is generally permissible for you to have your attorney present as a support or advisor. Your attorney can provide coaching, listen to the mediation, and offer guidance during the process, even... View More
Dad told me I could go east not north, and now is saying I can go but I have to draw up papers saying that if the kids fall behind in online school that they go back to him to do school there. What can I do. I feel like he is manipulating me. He has from day 1.
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answered on Feb 1, 2024
In this situation, it's essential to prioritize your children's best interests while considering your job opportunity in Oregon. If you and your ex-partner share joint custody or have a court-ordered custody agreement, any significant changes like relocating may require court approval or... View More
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