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California Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for California on
Q: Question about the categorization of certain income for child support calculation in California.

The Dissomaster Report doesn't include a $10,000 monthly income in its "income" section, even though it's input under "Portion subject to SE tax" in "Royalties, partnerships, S corporations, trusts, etc." When this guaranteed LLC distribution is listed as... View More

James L. Arrasmith
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answered on Jun 2, 2023

Child support calculations can vary depending on the jurisdiction and guidelines followed. In California, the Dissomaster Report is commonly used for calculating child support. However, it is important to consult with a family law attorney to determine the accurate categorization of income for... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex & I have 50/50 custody & he recently moved 1700 miles away. He can not meet his 50% timeshare. what should I do?

Everything has been out of CA. He now lives in WI. Our son is almost 15 years old. My ex- is only asking for 2 weeks of visitation per year, which I agreed to. This would make me the primary caregiver. We have written up terms and my ex won't sign anything. The kicker is he just bought my son... View More

James L. Arrasmith
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answered on Jun 1, 2023

If your ex-husband has moved out of state without your consent, he may have violated the terms of your custody agreement. This could potentially void his 50% custody, but it's important to consult with an attorney to get specific advice about your situation.

In California, the law...
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1 Answer | Asked in Family Law and Child Support for California on
Q: I'm court ordered to pay insurance for my child but mother refuses to gice me social to out under my insurance
James L. Arrasmith
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answered on May 31, 2023

If you have been court ordered to pay for insurance for your child, it is crucial to fulfill your legal obligation. However, if the mother refuses to provide you with the necessary social security information to add the child under your insurance, you may face challenges in complying with the court... View More

1 Answer | Asked in Family Law and Contracts for California on
Q: Is there any legal form that 2 parties can sign regarding ' a a 50% 0 of o1 payment payment once once received received
James L. Arrasmith
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answered on May 31, 2023

Yes, there is a legal form that two parties can sign to formalize an agreement regarding a 50% payment upon receipt of payment. This type of agreement is commonly referred to as a payment or installment agreement. It typically outlines the terms and conditions of the payment arrangement, including... View More

2 Answers | Asked in Family Law for California on
Q: Is my PTO and ESL separate property in California?

I earned most of my extended sick leave (ESL) and paid time off (PTO) before getting married in California. Im now getting this paid out during my marriage, is this considered community or separate property?

James L. Arrasmith
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answered on May 31, 2023

In California, the characterization of property as community or separate is determined by specific legal principles. Generally, property acquired before marriage is considered separate property, while property acquired during marriage is deemed community property. However, when it comes to paid... View More

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: I have sign a quit claim papers on our property 15 years ago by mere pressure and I want to file for divorce.

Do I still have the right to claim half

of our property?

I don’t know what to do.

Please tell me what to w

James L. Arrasmith
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answered on May 31, 2023

Whether you still have the right to claim half of your property depends on the specific facts and circumstances of your case. In general, however, you may be able to challenge the validity of the quitclaim deed if you can show that you signed it under duress.

To challenge the validity of...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: Is there a form for “In Loco Parentis” to care for a friend’ds child while he’s away?

I’ve been asked by the parent of a 14-year-old boy if he can stay with me for 9 months while his job requires him to be out of the country. The boy is best friends with my own son of the same age and he wants to stay in his familiar high school with his friends. But I want to be covered legally... View More

James L. Arrasmith
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answered on May 29, 2023

While I can provide general information, it's important to consult with a qualified legal professional for specific advice regarding your situation. In cases where a child is temporarily residing with someone who is not their legal parent or guardian, it can be beneficial to establish a legal... View More

1 Answer | Asked in Criminal Law and Family Law for California on
Q: If I win my criminal case can I get my children back from cps. My charge is Allowing child endangerment and I did not

I was asleep when police woke me up stating that my babies dD had handcuffed my 9 year old to the bed and called police on him. He went to jail and the police left. Later on they called me saying they had some questions. I met them at my home. They proceeded to accuse me of knowing what happened. I... View More

James L. Arrasmith
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answered on May 29, 2023

Winning your criminal case may potentially have an impact on your child custody situation with CPS (Child Protective Services). However, the specific circumstances and laws governing child custody cases can vary depending on your jurisdiction. It is advisable to consult with an attorney who... View More

2 Answers | Asked in Family Law and Civil Litigation for California on
Q: Can a subpoena duces tecum for production of documents be requested after a civil trial has started in the State of CA
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Yes. But your question is not very clear. Is this your situation? Do you want one or were you served with one? Go to the Superior Court website for the court you are in and look for the "forms" tab. Judicial Council forms, Subpoena duces Tecum and accompanying declaration. This is a... View More

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2 Answers | Asked in Family Law and Civil Litigation for California on
Q: Can a subpoena duces tecum for production of documents be requested after a civil trial has started in the State of CA
James L. Arrasmith
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answered on May 29, 2023

In the State of California, it is generally possible to request a subpoena duces tecum for the production of documents during an ongoing civil trial. However, it is important to note that the timing and specific procedures for requesting a subpoena may vary depending on the court rules and the... View More

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2 Answers | Asked in Child Custody and Family Law for California on
Q: My custody battle is over, how can I express on my podcast my traumatic experience my child’s mother put me through?

I run a podcast and it’s about mental health. I would love to open up about my hellish experience for nine months in the court of law. My child’s mother put me through. I am a great father, who, because she’s upset in her own personal life decided to make me look like an abusive parent with... View More

James L. Arrasmith
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answered on May 29, 2023

First and foremost, it's essential to prioritize your child's well-being and consider their best interests when discussing your custody battle on your podcast. While you may feel a strong urge to share your traumatic experience, it's crucial to be mindful of any legal restrictions or... View More

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2 Answers | Asked in Child Custody and Family Law for California on
Q: My custody battle is over, how can I express on my podcast my traumatic experience my child’s mother put me through?

I run a podcast and it’s about mental health. I would love to open up about my hellish experience for nine months in the court of law. My child’s mother put me through. I am a great father, who, because she’s upset in her own personal life decided to make me look like an abusive parent with... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

I am not trying to be glib, but VERY CAREFULLY. Anything you say could result in a slander/libel suit against you by your former spouse. She has already shown that she is litigious, and ready to grind an ax (according to your post) so what does she have to lose by suing you for any post you put.... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: Strategy for requesting longer healthcare coverage be provided for damage done by emotionally abusive spouse?

I am a gray marriage short term divorce person?? (What do you call that) I was only married for 2 years however it felt like 20!!! Because of his affluent abuse and extreme harassment, there are not broken bones or bruises. There are good days and bad, when triggered I am prone to high anxiety and... View More

James L. Arrasmith
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answered on May 26, 2023

To ensure extended healthcare coverage for the damage caused by your emotionally abusive spouse, consider these steps:

Understand your current healthcare plan.

Consult your therapist for their professional opinion on your ability to work and required coverage.

Collect...
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2 Answers | Asked in Divorce and Family Law for California on
Q: My husband had a rental property, Soon after we married, he sold it but put my name on the deed. Is that his or ours?

When he sold that house he put me on the deed. I thought it was for tax purposes. at the time.

The money is what we used to buy a new home and we had a joint checking with the remainder.

I just want to know if my name is on the rental property deed on the sale date. Then are the... View More

James L. Arrasmith
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answered on May 25, 2023

When your husband put your name on the rental property deed, it typically means you both have ownership rights. Depending on your jurisdiction, the property and its proceeds from the sale could be considered community property. However, property and community property laws vary, so it's best... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My husband had a rental property, Soon after we married, he sold it but put my name on the deed. Is that his or ours?

When he sold that house he put me on the deed. I thought it was for tax purposes. at the time.

The money is what we used to buy a new home and we had a joint checking with the remainder.

I just want to know if my name is on the rental property deed on the sale date. Then are the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 25, 2023

Property purchased prior to marriage is separate property of the person who purchased it. If title was transferred to you in a writing (such as an interspousal grant deed), then the property becomes community property as of the date of transfer. The value of the property that accumulated before... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: DVRO denied just now.

Wife took 3yo with autism away from me 3 month ago to a DV victim county shelter. She reported me to Police and DCFS and filed TRO and granted in Feb. Police and DCFS closed the case with no findings. TRO had twice got continuance and today denied in the end. The Judge read the judgement and the... View More

James L. Arrasmith
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answered on May 24, 2023

In the situation you described, with the DVRO (Domestic Violence Restraining Order) being denied, it is important to consult with an attorney who specializes in family law to fully understand your legal rights and options. Regarding visitation with your son before the August RFO (Request for Order)... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: How to appoint temporary guardians in California in case of emergency?

If I’m going on vacation, and want to have something in place in case myself and my husband both are incapacitated to care for my son, how do I appoint a few people as temporary guardians in case of emergency? My son is non-verbal autistic so putting him with trusted family and friends is... View More

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answered on May 23, 2023

To appoint temporary guardians in California in case of an emergency, you can create a Temporary Guardianship Authorization document. Consult an attorney for guidance if needed. Include your and your husband's names, your son's name, and the names of the appointed temporary guardians.... View More

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for California on
Q: If my son testing presumptively positive got him taken but results came back negative, can I get him back?

My home was dirty because my boyfriend lost his wallet because I refused the harassment of cws and didn't was to participate they came back to search finding only weed paraphernalia (legal in CA) they take my son to the hospital and tested him where is was presumptively positive for... View More

James L. Arrasmith
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answered on May 23, 2023

If your son was initially tested presumptively positive for substances, leading to his removal by Child Welfare Services (CWS), but subsequent test results came back negative, it is crucial to address this situation promptly. You have valid concerns regarding the impact of these circumstances on... View More

1 Answer | Asked in Child Custody, Juvenile Law and Family Law for California on
Q: Hi im tryong to find out were my son is cfs and cps took him i javent heard anythong in 3 weeks
James L. Arrasmith
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answered on May 23, 2023

I understand your concern and the distressing situation you're facing. In California, if your child has been taken by Child Protective Services (CPS), it's important to take immediate action to find out where your son is and receive updates on his well-being. I recommend reaching out to... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: I nedd help cps took my son fron me and i havent heard anything at all hes only 8 im wortied to death
James L. Arrasmith
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answered on May 23, 2023

I'm sorry to hear about your situation. It must be incredibly distressing to have your child taken by CPS, especially considering their young age. I understand your deep concern and worry. It is crucial to seek legal assistance promptly to ensure you are properly informed and supported... View More

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