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My child support case was originally established in CA, I have moved to FL and was told I need to have CA release the case so that FL can accept it. However, no one can tell me how to do that or what forms I need to fill out. Someone please help me.
answered on Dec 27, 2022
You are correct. If the support order was originally issued in CA and you have since moved to FL, then the UCCJA (Uniform Child Custody Jurisdiction Action) comes into play. The UCCJA was passed and every state had a right to adopt some form of the federal law. Each state then has in it's... View More 
My child support case was originally established in CA, I have moved to FL and was told I need to have CA release the case so that FL can accept it. However, no one can tell me how to do that or what forms I need to fill out. Someone please help me.
answered on Dec 27, 2022
I'm assuming you are the same person who asked this same question regarding your custody case. Unfortunately, the answer is not the same with respect to your child support case. Once acquired in a proceeding where child support is in issue, California superior court jurisdiction over child... View More
My case was originally established in CA but I have now moved to FL and from what I am told need to have the case released from CA so that FL can accept it but no one will tell me how to do that, and I have searched CA court forms and I cannot find anything to transfer out of state, just to... View More
answered on Dec 27, 2022
This is done by noticed motion. Meaning, you would need to file a Request for Order [form FL300] for change of venue. You file that motion in the jurisdiction where your case is currently. You provide the current court with information regarding where the case will be transferred if the motion... View More
acts of moral turpitude have occurred and a state bar complaint was filled on lawyers, can those lawyers/law group still be on that case? it's a family law case. Can I notify the judge of this bar complaint before the hearing resides? and what can the judge do once he learns of these acts of... View More
answered on Dec 24, 2022
If a client files a bar complaint against his own lawyer may have created a conflict of interest that may require the attorney to withdraw.
Otherwise, a complaint is nothing but a complaint, and not a finding of anything done wrong.
Further, unless an attorney is suspended from... View More
answered on Dec 20, 2022
It really depends on what the rules are in your jurisdiction. For instance I typically send the order out for a signature with a letter asking for a return of the signed stipulation (or QDRO) within ten days. I typically send a second letter after the ten day period has expired with a further... View More
And I got half of his 401k. To date, he has failed to comply with any request whatsoever to pay up.What can be done ? Unfortunately due to him not complying I am penniless. Please advise and thank you very much
answered on Dec 20, 2022
To divide his 401K you need a QDRO (Qualified Domestic Relations Order). Once the Plan is served with a QDRO, they pay you your share. The payment does not come from your ex. For spousal support you can get paid by using an Income Withholding Order
I haven’t seen my daughter in almost two months. The mother came to my house when my current girlfriend was present and caused a scene being violent and disturbing the peace. She hasn’t let me see my daughter since and refuses to work out a plan of visitation because she doesn’t want my... View More
answered on Dec 20, 2022
Not much you can do without court orders. I'm assuming you have not filed a petition to establish the parental relationship (aka paternity), or a petition for custody orders? If you want something you can enforce, i.e. custody and visitation orders, you have to ask for them. You have to... View More
Me and my dad recently purchased a home. He is married to someone who is not my biological mother. During the signing of papers they asked that she sign a paper acknowledging that she was not going to be in the title of the home, therefore establishing a valid joint tenancy between my father and I.... View More
answered on Dec 14, 2022
"Joint tenancy" means the last one to survive takes all of the property. In other words, if your father dies first, you get 100% of the property, but if you die first, your father gets 100% of the property regardless of what a Will or Trust may
say. You should be aware that a... View More
My spouse and I got married in California in 2016, but I left the United States in the same year. We have not seen each other ever since, and agreed to have an uncontested divorce.
However, I was told by a paralegal in California that the petitioner of the divorce must be a resident of the... View More
answered on Dec 13, 2022
The paralegal was incorrect. As long as one of the parties meets the residency requirements, you can file in California. You file in the county where he likewise meets the residency requirements. Hire local counsel to handle the case for you.
Never charged I got dv
I wrongfully accused
Never arrested or charged
answered on Nov 20, 2022
the best advice any lawyer can give you is to ask the court to appoint a Public Defender at your first appearance.
s/he will have access to a police report and any other evidence.
since PD's have very heavy case loads, I suggest you type up all the facts so that s/he does not... View More
He has not tried to arrange any visits . Our visitation order was from when child was a toddler so the visit hours are doing school time . I offered different hours but he does not show up . He also doesn't call him and doesn't check up on him. What should I do ?
answered on Nov 20, 2022
Why do you need to do anything? You have court orders and he doesn’t comply or try to accommodate your child’s changing schedule. Is there a motion or hearing pending? You could file a motion to modify the existing orders on the grounds that the previous orders are now outdated and do not... View More
To what extent does it matter which state the property to be purchased is in, if the unmarried individual lives in community property state while the married person resides in an equitable distribution state? Thank you.
answered on Nov 19, 2022
Your question seeks an answer that’s much more comprehensive than a lawyer can provide in this forum. Are you seeking to protect your portion of the real estate only or do you want to protect all of your assets? If the latter, what other types of assets do you own? (Trademarks are protected... View More
answered on Oct 28, 2022
Not enough information. Impossible to predict the outcome of your case. In most cases when someone files a Request for Order to modify a custody order so that a parent can move away with the child, the court will order a custody evaluation. Move away requests are not DIY projects. It's a... View More
I have my son's full legal and physical custody since April 2021. The father doesn't need to pay child support or any money. On the court paper it states I need the father's permission to move out of San Diego or travel to overseas. The father only visited my son once since April... View More
answered on Oct 28, 2022
It's unclear why you would need his permission if you have "full legal custody". If there is a court order that says that, then you would need to file a motion to modify existing orders to include a "move away" order. The name change is a separate issue and would be handled differently.
I sold 100% of my shares in a business a year before I got married and agreed to take monthly payments per the sale agreement. If I were to divorce, would my wife be entitled to any portion of the monthly payments received after the marriage? I live in California.
answered on Oct 28, 2022
The monthly payments would count as income available for calculating spousal and child support.
If it cannot be reimbursed, why so? child support decreased due to the modification.
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answered on Oct 3, 2024
When a child support order is modified, the new payment amount usually takes effect from the date of filing the request for modification. However, if you overpaid during those six months, it's not always guaranteed that you'll be reimbursed for the excess payments. Courts sometimes view... View More
After 7.5 weeks he has now messaged me about seeing him. Prior to its been no call no shows, doesn't even call. My toddler doesn't want to go and clearly the system is failing us. This is certainly not the first time his father has pulled this. He got our case that was supposed to be... View More
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answered on Oct 2, 2024
I'm sorry you're going through this challenging situation. It's important to address your ex's non-compliance with the custody order through the proper legal channels. Keeping your child beyond the agreed schedule could potentially be seen as interfering with the court order,... View More
My child’s mother and I have joint custody. Our daughter is 9 and last year her mother decided to enroll her in cathechism and while I’m not religious I allowed it. However, she never did do what was required and so my child basically “failed” so I decided no more. It is a waste of money... View More
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answered on Sep 30, 2024
In your situation, the other parent cannot force you to take your child to church or comply with religious activities during your custodial time, especially if you both have joint custody. Decisions regarding your child’s religious upbringing are typically considered joint legal decisions,... View More
Married for 36 years, supported spouse has not worked for 20 years, has a degree in Engineering but cannot find job. Claims the length of marriage and the loss of carrier due to rising kids entitles her to uncapped bonus added to the fixed support. Please, clarify if variable income from consulting... View More
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answered on Sep 30, 2024
When it comes to alimony and variable income, California courts focus on maintaining the supported spouse's marital standard of living. Variable income, whether from consulting or a full-time job, can be included in support calculations. However, the amount may be capped or adjusted based on... View More
My ex took the kids with him for 4 hours when he brought them back both of my kids had their diaper packed with pee as if he didn't change them for hours specially my daughter she had way more peed than my son. Also my son as soon as he got home he wanted to eat and ate his food super fast as... View More
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answered on Sep 29, 2024
To request supervised and limited visitation for your ex, you will need to demonstrate that his care of your children poses a concern for their well-being. You can begin by documenting the incidents you mentioned, such as not changing the children's diapers and not feeding them properly during... View More
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