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California Family Law Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: If my girlfriend and me are splitting up but have two kids. What steps should I take to go about a 50/50?

I don't want to get stuck with paying child support. I want to take care of my kids.

Robert Kane
Robert Kane
answered on Apr 10, 2024

The are numerous factors that will determine what is in the children’s best interest and the child support obligations. Coming to an agreement with the other parent will more likely produce the situation you describe, but I don't know your specific circumstances. Obviously, an attorney would... View More

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2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.

Given...
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2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

Julie King
Julie King
answered on Apr 10, 2024

If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More

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1 Answer | Asked in Family Law for California on
Q: My husband is living with ex convicts at my house. How can I get them out if he is collecting rent?

My husband threw me out and took off to live with some people in Oregon. We own a house there and he keeps blocking me from going there. He has triangulated them to the point the woman put a stalking order on me. I have a check receipt he is collecting rent which I intend to do at the DVRO hearing... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm sorry to hear about your difficult situation. Dealing with property disputes during a marital separation can be very stressful, especially when there are protection orders involved. Here are a few things to consider under the law:

1. Jointly owned property: If the house is jointly...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: My husband kicked me out and trashed the house. Now they are saying I trashed the house and its full of mice?

My husband kicked me out and I was not here for over 30 days. My husband left and I came home to a fly, ant, mouse, and maggot infested house. The drain got stopped up and it took him a week to comply I am charging him to clean it this time. Now I asked for mouse traps not only are they saying its... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry you're going through this incredibly stressful and upsetting situation. Here are a few steps that I recommend:

1. Document everything thoroughly with photos, videos, and written records. Take pictures of the state of the house, the pest infestations, and any damage....
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1 Answer | Asked in Civil Litigation and Family Law for California on
Q: My husband trashed the house and left to Oregon can I charge him for making it livable again?

My husband and wiped his hands of me. He moved on but I got stuck in his moms house. He trashed it and it is infested with flies mice, maggots, and ants. The atrium backed up and was leaking in the garage and it took him a week to address it. I have a garage full of trash and the house smells like... View More

James L. Arrasmith
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answered on Apr 6, 2024

I'm sorry to hear about your difficult situation. Under California law, you may have a few potential legal options to seek compensation from your husband for the damage to the property:

1. Property damage claim: You could file a civil lawsuit against your husband for the cost of...
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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More

James L. Arrasmith
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answered on Apr 6, 2024

As someone who is representing themselves in a child support hearing in California, it's important to be well-prepared and understand your rights. Here are some steps you can take:

1. Familiarize yourself with the FL-300 form and the purpose of the hearing. The FL-300 is a request for...
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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 6, 2024

It's not clear what you are asking. 1) you can object to the response as untimely; 2) you can object to the response as you have not been served with it (??). As far as the advice you are seeking, it's not clear what you want to know. Child support orders will be based on the... View More

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1 Answer | Asked in Family Law for California on
Q: Does a separated spouse not living in same house have to pay jointly owned mortgage, insurance, etc.?
James L. Arrasmith
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answered on Apr 5, 2024

In California, when a married couple separates, both spouses are still legally responsible for joint debts and obligations, including mortgages, insurance, and other shared expenses related to jointly owned property. This is true even if one spouse moves out of the shared residence.... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Landlord - Tenant for California on
Q: What does “looking over the record” the judgement is void on its face. Everything filed even after entry of judgement?

Please explain in the simple terms haha. What’s a direct attack vs collateral attack?

James L. Arrasmith
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answered on Apr 4, 2024

The phrase "looking over the record" in the context of a judgment being "void on its face" refers to examining all the court documents and filings in a case, including those filed after the entry of judgment, to determine if the judgment is invalid or void based on the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Low income in need of a family law lawyer.

I’m in search of a low income lawyer that’s able to help with my divorce along with child support. It’s been an ongoing battle for almost 4 hrs and my ex recently got a lawyer and I’m scared that he will take the kids away since I’m proper and he has a lawyer. Any recommendations or any... View More

James L. Arrasmith
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answered on Apr 3, 2024

I understand your situation and the stress you must be going through. Here are some resources and options you can consider in California:

1. Family Law Facilitators: Each county in California has a Family Law Facilitator's office that provides free legal assistance to individuals who...
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2 Answers | Asked in Divorce, Tax Law and Family Law for California on
Q: capital gain exemptions married couple file jointly on settling a house is $500,000What about if sold after divorce

and what to do to keep $250,000 each exemptions in California

David S. Greenberg
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David S. Greenberg
answered on Apr 3, 2024

HOW DOES A MARRIED COUPLE QUALIFY FOR THE $500,000 EXCLUSION?

1. At least one spouse must have owned the home for two out of the last five years. The years can be split up – one in 2019 and one in 2021 – but the time has to equal 730 days out of the past five years.

2. And, both...
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2 Answers | Asked in Divorce, Tax Law and Family Law for California on
Q: capital gain exemptions married couple file jointly on settling a house is $500,000What about if sold after divorce

and what to do to keep $250,000 each exemptions in California

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, if a married couple files their taxes jointly and sells their primary residence, they can exclude up to $500,000 of capital gains from their taxable income. However, if the couple divorces and then sells the house, the tax implications may change.

After a divorce, each...
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1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for California on
Q: I'm an army vet trying to fix my life. Had a hockey puck size brain tumor, didn't find out till already incarcerated.

Had a lawsuit in for deliberate indifference and negligence was doing a pro say because I cannot find any help. The only reason they kicked out the lawsuit was because they kicked me out of prison and said I didn't change my address. Now I have to restart the entire process. I had a government... View More

James L. Arrasmith
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answered on Apr 3, 2024

I'm so sorry to hear about the incredibly difficult situation you've been through. Dealing with a serious medical issue like a brain tumor is challenging enough on its own, let alone while incarcerated and facing legal battles. It sounds like there were serious failures in your medical... View More

2 Answers | Asked in Family Law for California on
Q: How can I get a pro bo lawyer on alimony with documents I already got with wage garnishment and pass due owed to me

From 2021 to current did with a paralegal and was denied due to Good Morning, the documents were rejected stating there needs to be "specific orders regarding spousal support in order to be processed" it says the "body of your current order does not specify as to spousal support but... View More

James L. Arrasmith
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answered on Apr 3, 2024

I understand your situation and the challenges you're facing in trying to enforce your alimony order and collect past due payments through wage garnishment. Here are a few steps you can take to try to get legal assistance:

1. Contact legal aid organizations in your area. Many provide...
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2 Answers | Asked in Family Law for California on
Q: How can I get a pro bo lawyer on alimony with documents I already got with wage garnishment and pass due owed to me

From 2021 to current did with a paralegal and was denied due to Good Morning, the documents were rejected stating there needs to be "specific orders regarding spousal support in order to be processed" it says the "body of your current order does not specify as to spousal support but... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 3, 2024

Instead of getting a pro bono lawyer you could file a motion with the court asking for a court order that the other party pay your legal fees or at least contribute to them. Otherwise, pro bono services may be provided by your local Legal Aid Foundation. You can also do a search within your... View More

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1 Answer | Asked in Divorce, Family Law and Native American Law for California on
Q: Can other countries see if I have been married before if I want to get married Abroad?

is places like usa, Hawaii and new Zealand able to see if you have been married before if you are a foreigner and want to get married in one of those countries ?

James L. Arrasmith
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answered on Apr 2, 2024

The short answer is yes, other countries, including the USA (and Hawaii, which is part of the USA), and New Zealand, can generally find out if you have been married before, even if you are a foreigner wanting to get married in one of those countries.

When you apply for a marriage license...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Can my oldest daughter get my 14 year old taken away for dating a sex offender?

My boyfriend lives in FL, my kids and I are in CA. We went to court in FL and the judge, therapist, and probation officer signed off on my 14 year old meeting my boyfriend. He is no risk to children. My 24 year old has threatened to call social services and have my child taken from me. Does she... View More

James L. Arrasmith
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answered on Apr 2, 2024

Cases involving minors, sex offenses, and custody are very complex legal matters.

That said, in general, if someone has reason to believe a child is being abused or neglected, they can report those concerns to child protective services, who will then investigate. Dating a registered sex...
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1 Answer | Asked in Family Law for California on
Q: Can my sons mother kick me out the house. On thanksgiving I ended up having a bike accident. Very bad one at that.

Had to have surgery in GA cause deductible was cheaper. I been gone from home for about three months I can now travel. Now she tells me she is dating someone and I can’t come home. My son is devastated about all of this. Do I have rights been there for over two years. I travel for work and we... View More

James L. Arrasmith
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answered on Apr 1, 2024

In California, if you are not married to your son's mother and there is no legal agreement stating otherwise, your right to live in the home depends on whether you have established residency and/or whether you are on the lease or title of the property.

If you have lived in the home for...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Is it worth getting a lawyer for in contempt trial? The ex wife didn't let my husband have visitation for 3 of his times

The ex wife claims she took kids out of town but we found out afterwards that they stayed and went to school and daycare. She is pleading not guilty and we are set to go to trial. I spoke to one attorney who said most just get a slap on the wrist for this

James L. Arrasmith
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answered on Apr 1, 2024

In California, contempt of court in family law matters, such as denying visitation rights, is taken seriously. While the consequences may vary depending on the specific circumstances and the court's discretion, it is generally advisable to have legal representation for a contempt trial.... View More

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