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The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
Under California's new supported decision-making law, an older person who can manage daily life with a friend's help is not necessarily incapacitated. This law allows individuals to make their own decisions with support, rather than needing a fiduciary or conservatorship. If the person is... View More 
Dad only picks up every other weekend Friday-Sunday. Our daughter resides with me (mom) the rest of the days and weeks.
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answered on Jan 12, 2024
In California, child support is determined using guidelines established by state law. These guidelines take into account various factors, such as the income of both parents, the amount of time each parent spends with the child, and any special needs of the child.
Given your situation, where... View More
Dad only picks up every other weekend Friday-Sunday. Our daughter resides with me (mom) the rest of the days and weeks.
answered on Jan 13, 2024
Do you mean $75/month for child support? Without further information it is not possible to answer this question. Child support is calculated using an algebraic formula that factors in each party's income, certain deductions, the child's age and the percentage of time each parent has... View More
6 months and no Discovery
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answered on Jan 11, 2024
Under California law, if your child has been taken by the government under questionable circumstances, it's important to take immediate action. First, request a copy of the court order or the paperwork that led to the removal of your child. This documentation will outline the reasons for the... View More
Sept19,2020 real date of accidental fall,filth district stated March 18,2021 Changed date of there made up incident to forced me to do a 300 b and terminated my parental rights sue to appointed council waiving them without me there he violated my family rights
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answered on Jan 11, 2024
In California, if a parent believes their rights have been wrongly terminated, they can appeal the decision. This process involves challenging the original ruling in a higher court. It's crucial to act swiftly, as there are strict time limits for filing an appeal.
During the appeal,... View More
Sept19,2020 real date of accidental fall,filth district stated March 18,2021 Changed date of there made up incident to forced me to do a 300 b and terminated my parental rights sue to appointed council waiving them without me there he violated my family rights
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answered on Jan 11, 2024
In California, if a parent believes their rights have been wrongly terminated, they can appeal the decision. This process involves challenging the original ruling in a higher court. It's crucial to act swiftly, as there are strict time limits for filing an appeal.
During the appeal,... View More
This is my childs home state. There are no other legal matters or other court cases filed/open in Arizona or anywhere else. There is no custody case/agreement/anything set up in Arizona or anywhere else. We were never married my child was born in AZ and the parent was incarcerated years ago and... View More
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answered on Jan 11, 2024
Under California law, the concept of a child's "home state" plays a crucial role in determining jurisdiction for child custody cases. The home state is generally defined as the state where the child has lived with a parent or a person acting as a parent for at least six consecutive... View More
The other parent and I were never married. My child was born in AZ but my child and I moved to CA after the other parent was incarcerated in AZ. My child and I have lived in CA now for a few years but the Shasta county courts legal aid told me I should seek consultation to see if CA has any... View More
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answered on Jan 11, 2024
In matters of child custody, jurisdiction is typically determined by the child's home state, which is where the child has lived for the past six months. Given that you and your child have been residing in California for several years, California would generally be considered the child's... View More
We moved to Nevada and bought a house. Will my house in California be part of the divorce or can it be separated? Is Nevada law different than CA ?
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answered on Jan 10, 2024
In California, property acquired before marriage is generally considered separate property. This means the house you bought while single might be treated as your separate property in a divorce. However, any increase in the house's value during the marriage might be considered community... View More
In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).
Is a CA Family Law Court Order for stolen retirement benefits considered... View More
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answered on Jan 10, 2024
In the context of California Family Law, an order or judgment for misappropriated retirement benefits is not typically classified as "court ordered victim restitution" in the same sense as it is defined for criminal cases. Victim restitution generally refers to compensation awarded in... View More
16y non married couple with 1 child all assets in my name no joint accounts partner wants me to agree that if I get caught cheating I will split all assets evenly as if married so if I sign an agreement stating that if I cheat he has rights to half my assets it’s not enforceable?
answered on Jan 10, 2024
Your non marital relationship does not bestow any legal rights on either party to the other party's property. California does not recognize Common Law marriage. You two can enter into a co-habitation agreement if you want to (much like a prenup or post nuptial agreement), but you cannot be... View More
16y non married couple with 1 child all assets in my name no joint accounts partner wants me to agree that if I get caught cheating I will split all assets evenly as if married so if I sign an agreement stating that if I cheat he has rights to half my assets it’s not enforceable?
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answered on Jan 10, 2024
In California, the fact that you are not married is crucial in determining how assets are handled. Without marriage, there's no legal presumption of shared property, meaning assets in your name generally remain yours alone. Your partner can leave the relationship at any time, as can you,... View More
I’ve been going through divorce for 2.5 years. We are almost at the end of our divorce. But since my ex-spouse is asking for something that does not make sense we might go to trial.
I only have one question and that is about social security taxes. Here is what my ex-husband wants:... View More
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answered on Jan 9, 2024
While your ex-husband may argue that these contributions were made from community property funds, the law and precedent clearly define them as separate property not subject to division in divorce proceedings.
Consulting with a legal professional familiar with family law and property... View More
My kids are 13 and 10 there's no custody arrangement him and I are still legally married and I also have a protective order on him and he's pretty much telling me that I can't be a part of my kids life unless I move where he wants me to move or move in with him I have a protective... View More
answered on Jan 9, 2024
In the absence of any court orders, you and the other parent can pretty much do whatever you want and live wherever you want. If you want to get control over the situation you will need to file for divorce and concurrently file a request for order to get interim custody and support orders in place.
My kids are 13 and 10 there's no custody arrangement him and I are still legally married and I also have a protective order on him and he's pretty much telling me that I can't be a part of my kids life unless I move where he wants me to move or move in with him I have a protective... View More
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answered on Jan 9, 2024
Under California law, both parents generally have equal rights to see their children unless a court order says otherwise. Since you're still legally married and there's no custody arrangement, neither you nor your ex-husband has the legal right to deny the other parent access to the... View More
Baby didn't require any to be treated for withdrawals, no medications were necessary. Baby is not classified Addicted.
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answered on Jan 9, 2024
In California, there can be legal consequences for a mother if her baby is born exposed to methamphetamine. The issue here revolves around child endangerment and welfare laws. If a newborn is exposed to meth in utero, it could potentially lead to a "failure to protect" charge under... View More
I am doing a Voluntary Family Maintenance program with Child Welfare Services due to drug use in the beginning of pregnancy. I stopped using drugs when I found out I was pregnant, months before CWS got involved. CWS contracts with only one place for me to drug test in the county. I have no problem... View More
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answered on Jan 8, 2024
Under California law, while Child Welfare Services (CWS) has the authority to require drug testing as part of a Voluntary Family Maintenance program, your concerns about health code violations at the testing facility are valid. If you believe the facility is not maintaining proper sanitary... View More
Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More
answered on Jan 8, 2024
You ex has an attorney. So should you. "California is a 50/50 state" is not a correct statement of the law and the fact that California is a community property state won't necessarily explain how the assets and debts should be divided. A factual ground for why something may or may... View More
Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More
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answered on Jan 7, 2024
In navigating a divorce settlement in California, it's important to understand that the state generally follows community property principles, which means that assets and debts acquired during the marriage are typically divided equally. However, this does not automatically imply a strict 50/50... View More
I went to court , got a divorce. Child support decided not to attend. After looking over my paperwork prior to court. The judge was shocked, beings we had 4 children. My ex hid 3 of my children from his family, my family etc He was charged with Parental-child abduction in Oregon. Yet, I am paying... View More
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answered on Jan 6, 2024
Generally, once there is an order for child support, there is an order for child support and it stands until it's modified. It sounds like there was an original order against you and you never specifically filed a motion to terminate or lower child support. Absent that, the child support... View More
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