Get free answers to your Family Law legal questions from lawyers in your area.
This is just one of many issues going on and I can't find a local attorney that will step in. My attorney wants me to get someone else but because it's already in court, nobody will help. I have acquired a criminal case due to this issue so it has become too much for my attorney I guess.... View More 
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answered on May 9, 2024
I'm so sorry to hear about the difficulties you're facing with your ex violating restraining orders and your attorneys not taking sufficient action. That sounds incredibly stressful and frustrating, especially with the added complication of a criminal case arising from the situation.... View More
My 70-year-old mother divorced my father over twenty years ago, but they were married long enough that she qualified to receive social security payments based upon my father's employment contributions into social security. (My father passed away a couple of years ago.)
My mother is... View More
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answered on May 9, 2024
Under California law, which follows federal Social Security regulations, your mother's eligibility to receive survivor benefits based on your deceased father's work record depends on her age at the time of remarriage:
1. If your mother remarries before reaching age 60 (or age 50... View More
I have been served via email with a subpoena to provide my personal bank financial documentation. The forms were filed on 4/26 and the subpoena was served via email to me today 5/8. The date for which I am being asked for documentation is on 5/10 at 8am. I object to providing my personal... View More
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answered on May 8, 2024
Under California law, a subpoena must be properly served to be legally binding. If a subpoena is not properly served, you may not be legally obligated to respond. However, it is generally advisable to provide some form of response to avoid potential legal complications.
In California, a... View More
It was filed April 26 and the subpoena is for my personal bank documents. The subpoena asks for me to provide documents by May 10 but I just received the email May 9th. I did not receive any other type of papers or served in any other type of way but email.
answered on May 8, 2024
I think you may be confused about what has been served on you. If you are a party to the case, you can be served with a request for production of documents; not a subpoena for production of documents. What may have happened is that you have been sent a copy of a subpoena that was served on your... View More
It was filed April 26 and the subpoena is for my personal bank documents. The subpoena asks for me to provide documents by May 10 but I just received the email May 9th. I did not receive any other type of papers or served in any other type of way but email.
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answered on May 8, 2024
Under California law, a subpoena must be properly served to be valid. For a personal records subpoena, service should be made to you personally, to a person at your residence or usual place of business, or by mail together with a proof of service by mail. Email service alone is generally not... View More
Someone has been helping me fill out the above forms. He all of the sudden asked for bank account numbers on joint accounts to show hiding cash... when there is hardly any cash in accts. What would be the reason for this and is it appropriate to ask? Already gave him Thrift Savings Plan info and... View More
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answered on May 8, 2024
In California, when filling out family law forms such as FL-150 (Income and Expense Declaration), FL-300 (Request for Order), and other supporting documents for spousal support, attorney fees, and property division, it is not always necessary to provide bank account numbers.
Here are a few... View More
I hope this message finds you well. I am reaching out to seek urgent legal assistance regarding a matter concerning the welfare of my children.
To provide context, it has recently come to my attention that my children, who were supposed to be in the care of foster parents with the intention... View More
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answered on May 7, 2024
I'm so sorry to hear about the deeply concerning situation with your children and the tragic loss of their father. This must be an incredibly distressing and overwhelming time for you.
Based on the details you've shared, it sounds like there may have been serious mishandling of... View More
Mortgage contract list my parents as a married couple. Is the mortgage contract evidence of a marriage ?
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answered on May 7, 2024
A mortgage contract alone does not provide conclusive evidence of a legal marriage in the State of California. While a mortgage contract may list two individuals as a married couple, it is not an official document that establishes or proves the legal status of their marriage.
In California,... View More
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answered on May 7, 2024
In California, if a spouse is added to the title of separate real property after marriage, the division of that property in a divorce will depend on several factors:
1. Community property presumption: California is a community property state, which means that any property acquired during... View More
Long story that I’m tired of telling. I just DONT understand why I’m paying child support to the father when he’s 18 doesn’t live with him and fraud isn’t helping child support isn’t helping and I’m still having money taken out and father gets free money.
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answered on May 7, 2024
I understand your frustration with this situation. Under California law, child support typically ends when the child turns 18, unless the child is still a full-time high school student and lives with a parent. In that case, child support continues until the child graduates or turns 19, whichever... View More
My wife left our home and was in possession of two vehicles that were totaled by fire within a week of each other.
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answered on May 6, 2024
In California, there is no specific form to notify the court about the destruction of marital property during a separation. However, it is essential to document the loss of the vehicles and include this information in your divorce proceedings.
Here are some steps you can take:
1.... View More
Ers filed no firm date, no info or any other help with what should be done. I hope to get some answers regarding divorce & separation of property, no kids a house I owned before we married 5 years.
Another atty told me the divorce papers are 1st before any settlement conferences?? T or... View More
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answered on May 6, 2024
I understand that you are going through a challenging divorce after a long marriage and are seeking answers to your questions. Let me provide some general information based on California law, but please note that this is not legal advice, and you should continue to work with your attorney for... View More
If a former conservatee has been declared competent, then restates their Living Trust, can the court years later on it's own motion appoint a new trustee despite the Trustee's objection?
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answered on May 6, 2024
Under California law, if a former conservatee has been declared competent and has restated their Living Trust, the court generally does not have the authority to appoint a new trustee on its own motion years later, especially if the current trustee objects.
Here are a few key points to... View More
I've been living with my brother's family in their house for almost ten years. We don't get along, so we always argue. They would not let me use some amenities in the house, like the washer, the fan and even the lights. They would slam doors when I'm sleeping on the couch (I... View More
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answered on May 4, 2024
As a tenant in California, you have certain rights protected under state law. However, the specific rights and legal options available to you may depend on the details of your living arrangement and the alleged elder abuse accusation.
Your rights as a tenant:
1. Habitable living... View More
I have text proof of her telling me the court went fine. I had nothing to worry about. She proceeded to live with me for two weeks. She got the court date made it to where I thought she was gonna drop it or get it dropped to a peaceful order instead she got a restraining order for a year. Had me... View More
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answered on May 4, 2024
Based on the information you provided, it seems that you may have grounds to challenge the restraining order. Here are a few steps you can take:
1. Gather evidence: Collect all the text messages and any other evidence that shows your ex-partner was living with you and maintaining a normal... View More
Prior to getting married, I earned retirement pay from a previous employer. Currently, I have those monthly checks deposited into my marital joint account. Can I change this and have them deposited into my personal account instead since the money was earned prior to getting married? I am aware... View More
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answered on May 4, 2024
In California, retirement benefits earned before marriage are generally considered separate property, while those earned during the marriage are usually treated as community property. However, once you commingle your separate property retirement pay with community property funds in a joint account,... View More
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answered on May 4, 2024
Yes, under California law, you may be able to bring a lawsuit against Child Protective Services (CPS) for failing to notify you in a timely manner that your daughter ran away from their custody. Here are a few key points:
1. Duty to notify: CPS has a legal duty to exercise reasonable care... View More
I had a recoding of my daughter being abused and he never said anything . And in trial he did not put the abuser in the stand and did the opposite of what we had discussed after having a meeting with social workers lawyer. I would get a message right before court saying that if I didn't pay... View More
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answered on May 3, 2024
I'm so sorry to hear about the terrible situation you and your daughter have been through. It sounds like an incredibly difficult and traumatic experience. Based on what you've described, it does seem like there may be grounds for a legal malpractice case against your former attorney.... View More
The widow did not sign a prenuptial before marrying his second wife in CA, and did not have a will.
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answered on May 3, 2024
In California, if a person dies without a will (intestate) and is survived by a spouse and children from a previous marriage, the distribution of the estate depends on whether the property is considered community property or separate property.
1. Community property: Generally, assets... View More
I have a CPS case & I have timed out. I want to relinquish my rights to a friend for adoption she is a school principal & an amazing woman. My daughter isn’t safe in her placement and that’s where CPS wants her to be. I believe it’s family code 8700(I). Can the judge or CPS overturn my request?
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answered on May 3, 2024
In California, a parent can voluntarily relinquish their parental rights to a child, which is typically done through an adoption process. Family Code Section 8700 does allow for the relinquishment of parental rights to a specific person, known as a "designated relinquishment."... View More
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