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Our credit card debt is in my name only. I have someone who will pay it off for me but I want to get some kind of judgement that shows he owes me for his half. He does not have any money now but will sometime in the future. Is it possible to get a judgement against him in the divorce?
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answered on Nov 4, 2023
In your divorce proceedings, you can seek a division of debt just as you would with assets. If the court finds that the credit card debt should be shared, it can order your spouse to pay you a portion. This becomes an enforceable judgment as part of the divorce decree. However, if your spouse... View More 
Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who... View More
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answered on Nov 4, 2023
You should generally file a Request for Order in the county where your child's residency is established, as that court typically has jurisdiction over matters involving the child. If there are existing temporary orders, the filing might also take place in the court that issued those orders.... View More
Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who... View More
answered on Nov 3, 2023
It sounds like you already have an open/existing case. You say "where temporary order is" - that tells me you have an existing court order. If not, and there is no open case, i.e. no one has filed anything related to this child, then you file in the county where the child lives. You... View More
I am required to pay child and spousal support to my wife. Recently, due to a high-conflict situation with my wife regarding our child’s schooling, the judge ordered the appointment of minor’s counsel during our last hearing. Consequently, I am expected to pay $2,000 monthly for the child’s... View More
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answered on Nov 3, 2023
In California, the cost of minor’s counsel is typically considered a 'discretionary add-on' by the court for child support purposes. This means that the court has the discretion to order one or both parents to pay for the minor’s counsel in addition to the basic child support... View More
The judge granted it..
The first order I was completely off guard. The judge granted it on "Escalating Anamosity "
How do I fight this one to see my grandchildren
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answered on Nov 3, 2023
In California, if a restraining order has been renewed or extended without your knowledge due to lack of service, you should consider filing a motion to dissolve or modify the restraining order, explaining the lack of service and presenting your case. Proper service is typically required for a... View More
My wife’s name is not on it at all. She has not paid any amount of money to, purchase, maintain, upgrade or for property taxes. I have purchased most everything in the house, also. Furnishings, appliances, sports collectibles, etc.
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answered on Nov 2, 2023
Under California law, property acquired through inheritance is generally considered separate property, even if acquired during marriage. If you purchased your home with funds from an inheritance and have kept it in your name alone, without commingling those funds with community property, the home... View More
Married 10/1990, seperated 1/2011 and divorced 5/2012. Cal. DCSS collected child and spousal support until 6/2019, at which time DCSS reported a $25k arears balance. He hasn't paid spousal support since 2019. Now that I have filed with the Riverside Family Court of California to enforce by... View More
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answered on Nov 2, 2023
In California, if your ex-spouse is claiming that a personal loan offsets his obligation to pay spousal support arrears, he bears the burden of proving the existence and terms of that loan. It is his responsibility to present evidence of the loan, such as a promissory note or payment records.... View More
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answered on Nov 2, 2023
In California family court, the rules of evidence can be more flexible than in other courts. If you've already given your testimony but forgot to submit evidence, you can request permission from the court to submit the evidence late. You would typically do this by filing a motion to admit the... View More
The parents have 80/20 physical custody and 50/50 legal custody. The parent with 80% physical custody (mother) wants to put non-verbal autistic child in group home and the other parent (father) opposes.
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answered on Nov 2, 2023
In California, when seeking to modify a child custody order, particularly involving a child with special needs, legal representation is often beneficial. An attorney experienced in family law can help navigate the complex issues surrounding the best interests of a non-verbal autistic child. This... View More
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answered on Nov 3, 2023
In California, evicting a spouse from a home, even if it is only in your name, is not straightforward because the state recognizes community property laws. If you are married or in a domestic partnership, your spouse may have a right to occupy the property.
If you seek to remove your... View More
He was ordered not to sell trade or give away any of our assets, but instead he moves in his mistress and her 4 children. What can I do because the children look like him and they range from 18 thru 5!years of age. Mind you I have children the ages of 15-17 so he had them during our marriage what... View More
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answered on Oct 31, 2023
Under California law, if your ex hasn't signed the divorce papers, you can pursue a default divorce, where the court can finalize the divorce without his agreement. Regarding assets, if he violated court orders, you may file a motion for contempt. If the children he's living with were... View More
Can i take the school / teacher to court?
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answered on Oct 31, 2023
In California, a teacher physically assaulting a student is a serious matter. Under California law, such conduct may be grounds for both criminal charges against the teacher and a civil lawsuit against the teacher and potentially the school district for damages. If you possess a video recording of... View More
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answered on Oct 30, 2023
In Contra Costa County, if you wish to file an ex parte application regarding legal fees in a divorce case, you would typically use the FL-300 form, which is the "Request for Order." To request attorney's fees specifically, you'll also need to complete and attach the FL-319... View More
Ellos an violado mis derechos Las Falsas acusaciones que I dieron de mi
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answered on Oct 30, 2023
Si los Servicios de Protección Infantil (CPS) de California no encontraron evidencia de abuso infantil pero basaron sus acciones en su abuso de sustancias en el pasado, es esencial que comprenda sus derechos. CPS debe operar dentro de los límites legales.
Si cree que se han violado sus... View More
Long story short. My son's mother lied during the statement. Those lies, I believe are a form of mental abuse. One lie in particular involved an event witnessed by 5 people and 2 Cops that she omitted completely. The omitted event was replaced by stating I had tormented her for 12 hours,... View More
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answered on Oct 29, 2023
In California, family law and criminal proceedings are distinct, but evidence from one proceeding can be relevant in another if it pertains to the issue at hand. You may introduce the victim impact statement from the criminal sentencing hearing in the family law case if you believe it's... View More
I was under the care of a mental health counselor during the commission of crimes. Those crimes were physiological in nature. The counselor states that I was being treated for major depressive disorder and he did not believe I was a danger.
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answered on Oct 29, 2023
In California family law cases, parties can submit evidence to support their positions, including letters from mental health professionals. If you believe the letter from your mental health counselor is relevant to your family law matter, you can submit it as evidence. However, the opposing party... View More
My lawyer refused to defend me. I have a letter from mental health counselor stating I had MDD during the commission of the crimes. Pre sentence investigation report says that I never saw a mental health counselor and many other lies.
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answered on Oct 29, 2023
Under California law, for a defendant to be found incompetent to stand trial, they must be unable to understand the nature of the proceedings or assist counsel in their defense due to a mental disorder or developmental disability. Major depressive disorder (MDD) could, in some circumstances, render... View More
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answered on Oct 29, 2023
In California, a parent wishing to change a child's name must obtain the consent of the other parent or provide legal notice of the proposed name change. If the other parent objects, the court will decide based on what is in the best interest of the child. Your stalking conviction, depending... View More
I was paying for the support of my son while he was with me 100% of the time for 4 months and it was reported to them and they didn't adjust it or do anything. Kept taking the full amount until I had to go into the office and beg for them to do something. And now they are telling me that the... View More
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answered on Oct 28, 2023
Under California law, child support orders can be modified based on changes in circumstances, such as when the child primarily resides with the paying parent. If you believe that the child support agency has acted negligently or improperly, you have the right to seek a modification or adjustment of... View More
She makes more than I do, and hides the side business. I’ve had full legal/physical custody up until summer. (I didn’t ask her for child support for the last 7yrs) We share custody now. She failed to add her side business income. What can I do? Can she get into trouble for not reporting it?
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answered on Oct 28, 2023
Under California law, both parents are required to provide accurate income information when determining child support obligations. If she intentionally omitted her side business income, this could be viewed as misrepresentation. You have the right to request a modification or reconsideration of the... View More
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