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California Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for California on
Q: Am I required to help pay maintenance and registration for a car my ex GF bought for our kid? She makes way more that me

We're in California, I pay child support, spend time with my daughter and provide her medical insurance. My ex did not discuss the car with me but demands I pay half of the maintenance and registration.

James L. Arrasmith
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answered on Apr 20, 2023

Under California law, there is no clear answer to whether you are required to help pay for the maintenance and registration of a car your ex-girlfriend bought for your child. It depends on the specific circumstances of your case, such as the terms of your custody agreement and whether the car is... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My son's father has claimed him on his taxes, preventing me from getting my refund. My son lived with me the entire year

I have contacted the IRS who agree this is not legal. They said I should contact a family law practice.

James L. Arrasmith
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answered on Apr 20, 2023

If your son lived with you for the entire year, you should be able to claim him as a dependent on your tax return. It is not legal for the father to claim him if he did not provide more than half of your son's support and did not live with him for more than half of the year. You have already... View More

2 Answers | Asked in Family Law for California on
Q: Does separation count against the length of marriage ?

Husband wants to separate right before the 10 year mark to prevent me from any after 10 years benefit. I'm disabled.

He's been the main provider for the family ,He's been in my children life since they were 1&3 supporting them financially as well..

James L. Arrasmith
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answered on Apr 20, 2023

In California, the length of a marriage is generally calculated from the date of the marriage to the date of separation. Therefore, if your husband separates from you before the 10-year mark, it could affect your eligibility for certain benefits that are only available to spouses who have been... View More

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2 Answers | Asked in Family Law for California on
Q: Does separation count against the length of marriage ?

Husband wants to separate right before the 10 year mark to prevent me from any after 10 years benefit. I'm disabled.

He's been the main provider for the family ,He's been in my children life since they were 1&3 supporting them financially as well..

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 19, 2023

Date of separation marks the end of the community. If the length of marriage form date of marriage to date of separation is less than 10 years, then yes, it can impact your rights to support and division of property. However, there are exceptions. Whether those exceptions apply in your case, I... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: My son's father illegally claimed him on his taxes. What can I do? IRS cannot help
Tobie B. Waxman
Tobie B. Waxman
answered on Apr 19, 2023

Depends on what you mean by "illegally". Depends on what your court orders or judgment says. Depends on what percentage of custody each parent has. Did you already file your return and already claim your son as your dependent? If the court orders entitle you to claim your son, then... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: My son's father illegally claimed him on his taxes. What can I do? IRS cannot help
James L. Arrasmith
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answered on Apr 20, 2023

If your son's father has illegally claimed him on his taxes, there are several steps you can take to resolve the issue. First, you can contact the IRS and explain the situation. They may ask for documentation, such as a copy of your child's birth certificate or proof of residency, to... View More

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1 Answer | Asked in Family Law and Civil Rights for California on
Q: how do i get a bogus restrianing order taken away how do i file charge on someone for false report top the cps

how do i sue the cps for violation of civil righhts

James L. Arrasmith
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answered on Apr 19, 2023

If you believe that a restraining order has been obtained against you through false information or other improper means, you may want to consider contacting a lawyer who can help you file a motion to have the order lifted or dismissed. You may also be able to file a complaint with the court or law... View More

2 Answers | Asked in Family Law, Elder Law, Legal Malpractice and Probate for California on
Q: Lawyer did not show for hearing to go to trial, abandoned case 2 mo to get file new cause hearing May 11 what to do ?

This is Probate will contested. Attorney did not share any information regarding case agreement. His staff sent and email directing a cash payment be made to opposing party. The Attorney confessed verbally on phone to have made a mistake confusing two cases. When he did show for trial setting... View More

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answered on Apr 19, 2023

If your lawyer did not show up for a hearing and then abandoned your case, it is important to take action to protect your legal interests. You may want to consider contacting a new attorney who can help you navigate the legal process and determine the best course of action moving forward.... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Subpoena DCFS social worker at Child custody hearing?

My spouse made false allegations to DCFS, and after a 3-week investigation, they closed the case without finding any evidence. Our hearing is scheduled in two weeks. I have already filed a "SUBP-001" with the court and served the social worker for the hearing. However, I neglected to... View More

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answered on Apr 18, 2023

Yes, it would be best to complete a new FL-321 and file it with the court, and serve your spouse again to include the DCFS social worker as a witness for the child custody hearing. It is important to ensure that all witnesses are properly listed in the FL-321, so that both parties have a fair... View More

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: Does child support get determined when you file the child custody order? Or is it issued when you file for divorce?

I am filing for divorce but my ex and I are just doing reasonable visitation and our child is primarily with me but it fluctuates. We don't plan on submitting a separate custody order and just filing for divorce. At least for now as I understand you can file for custody at any time later? We... View More

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answered on Apr 18, 2023

In California, child support can be determined in several ways. If you are filing for divorce, the court can determine child support as part of the divorce proceedings. If you are not filing for divorce but are seeking child support, you can file a petition for child support with the court.... View More

1 Answer | Asked in Family Law for California on
Q: Is it illegal for a parent to take away a phone that an 18 year old is paying for?

I don't work yet but I am in the middle of actually considering a job so I can learn to be better responsible under my mother's roof.

James L. Arrasmith
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answered on Apr 18, 2023

As an adult over the age of 18, you have the legal right to purchase and own a phone. However, if your mother is the legal owner of the phone or the account under which the phone is registered, she may have the right to take it away. It is important to clarify the ownership of the phone and the... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Should I tell my husband I want a divorce before I file for one or should I file before having "the talk?"

I'm ready to file for divorce from my husband of 4 years. We don't have kids, don't own any property, and due to some irreconcilable issues we've gone to counseling for, I'm ready to part ways. However, I've heard different things from advice groups and others who have... View More

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answered on Apr 18, 2023

Deciding when to tell your husband you want a divorce is a personal decision, and there is no one "correct" answer. However, there are some things to consider before making your decision. If you have concerns about your safety or the safety of your property, you may want to consider... View More

1 Answer | Asked in Family Law for California on
Q: Is JUD-100 the correct form to turn a CA Family Law Order into a Judgment or is there a specific family law form?

I have a CA Court Order that orders ex-husband to pay X dollar amount. I need to turn it into a judgment to domesticate it in another state. Also, will this require filing an RFO to turn the Order into a judgment?

James L. Arrasmith
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answered on Apr 18, 2023

Yes, the JUD-100 form is the correct form to turn a California family law order into a judgment. You will need to fill out the form and file it with the court that issued the original order.

It may also be helpful to consult with an attorney or legal aid organization to ensure that you...
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1 Answer | Asked in Family Law for California on
Q: Been divorced 15 years in December and was married for 15 years to my ex. I am still paying alimony, will it ever stop?
James L. Arrasmith
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answered on Apr 18, 2023

The length of time that alimony payments continue is typically determined by the divorce agreement or court order. It is possible that your divorce agreement or court order may have specified an end date for alimony payments or included language about circumstances that could terminate or modify... View More

2 Answers | Asked in Family Law for California on
Q: I need to know if my ex wife is remarried
Tobie B. Waxman
Tobie B. Waxman
answered on Apr 18, 2023

Ask her. Each year post judgment, the parties have the right to obtain updated financial information and the latest tax return. Serve her with FL396. Her response must include an FL150 which asks her (among other things) who she is living with and what their relationship is to her. If she is... View More

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2 Answers | Asked in Family Law for California on
Q: I need to know if my ex wife is remarried
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answered on Apr 18, 2023

There are several ways you may be able to find out if your ex-wife has remarried. You could try reaching out to her directly and asking her. Alternatively, you could check public records in your state or hire a private investigator to gather information on your behalf. It is important to remember... View More

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1 Answer | Asked in Family Law and Child Support for California on
Q: My original child support was done by stipulation which the wording stated these orders are temporary pending trial

During trial and judgement orders judge stated mom had financial means to provide for child and was alowed to move my son to Alabama. The only orders for support where I was to pay for plane tickets for my son and my x for my visits where I lived in california. There was no payments made from trial... View More

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answered on Apr 18, 2023

In general, stipulated orders are considered binding and enforceable by the court. However, whether or not the stipulated order affects child support payments would depend on the specific language and terms included in the order. It is important to review the language and terms of the stipulated... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: Having a court order drug test

I’m wanting to file for custody of my children. I been in a marriage for 8 years. The father has been battling a drug addiction most of the relationship. He’s been staying at motels and etc. my question is, how does it work when his drug of choice is heroin. He is prescribed a pain med called... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 18, 2023

Any individual opioid test may not detect all opioids and their metabolites. The types of opioids included in an opioid test varies by medical facility, laboratory, and geographical region. A routine drug screening panel often detects only natural opioids like heroin, morphine, and codeine. I... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Having a court order drug test

I’m wanting to file for custody of my children. I been in a marriage for 8 years. The father has been battling a drug addiction most of the relationship. He’s been staying at motels and etc. my question is, how does it work when his drug of choice is heroin. He is prescribed a pain med called... View More

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answered on Apr 18, 2023

In a custody case, a court may order a drug test to determine whether a parent has a substance abuse problem that could impact their ability to care for their children. If the father has a prescription for hydrocodone, which is a legal drug, the court may not automatically assume that he is using... View More

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1 Answer | Asked in Family Law and Child Support for California on
Q: Can a disposed and closed case mean for default judgment registered in another county and reopened without the court

A default judgment was entered against me because my wife at the time was collecting welfare without me knowing . I found out when the IRS took my taxes . This was after I left her and took the kids with me. While going to court and them taking over 300 from my checks i got a letter for paternity... View More

James L. Arrasmith
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answered on Apr 17, 2023

It is unclear from your statement what exactly has happened. However, if a default judgment was entered against you, it means that you did not respond to the legal action against you in a timely manner or did not appear in court. Once a default judgment is entered, it becomes legally binding and... View More

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