There was already a legal agreement on payment, and the child is 16yrs.
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answered on Sep 28, 2023
Under California law, if your father has not made child support payments for a year despite a legal agreement, he may face consequences such as wage garnishment, driver's license suspension, or even contempt of court charges. It's important to consult with an attorney to address this... View More 
My daughter chose to live with my wife full time a few years ago. We had 50/50 custody prior. I want her to come with me but my daughter doesn’t want to move.
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answered on Sep 28, 2023
In California, at the age of 16, a minor does not have the legal authority to unilaterally decide where to live. Custody and visitation arrangements are typically determined by court orders. If you wish to modify the custody arrangement and your daughter's mother does not agree, you may need... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
answered on Sep 27, 2023
Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
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answered on Sep 27, 2023
The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
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answered on Sep 28, 2023
In a divorce case, the court may not automatically schedule hearings for child custody and support. It's typically the responsibility of the parties involved to request specific hearings by filing an RFO (Request for Order) if they want to address issues like child custody and support. Either... View More
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answered on Sep 24, 2023
Under California law, child support and alimony (spousal support) are determined using different formulas and factors. The receipt of alimony by a parent does not directly factor into the calculation for child support. However, the total income of both parents, including alimony received or paid,... View More
I recently attended an RFO custody hearing where the Court ordered me to make a full payment for the Parenting Plan Assessment (PPA) due within 21 days from the date of the hearing. This PPA was scheduled to take place 5 months later.
The primary dispute in our custody battle was to... View More
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answered on Sep 22, 2023
Under California law, if you have already reached an agreement with your spouse regarding the custody arrangement, and the PPA is no longer necessary, you should promptly inform the court about the resolution and the cancellation of the PPA. You can file a stipulation or motion with the court to... View More
22days ago, during RFO custody hearing, the court issued a verbal order regarding a Parenting Plan Assessment and payment of a fee of $975. I understood that the deadline for this payment would start once the Proposed Order was signed. and both parties are still in "Meet and Confer"... View More
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answered on Sep 21, 2023
Certainly. In California, when faced with such an oversight, you may want to promptly file a Declaration explaining the situation, emphasizing your self-represented status, your understanding of the payment timeline, and your commitment to promptly remit the fee. Additionally, you can request the... View More
In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More
answered on Sep 20, 2023
Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More
Judge H. in Santa Clara family, has not once heard what I have to say. She is basing my character off of text msg between my ex and my mother(we haven’t had a relationship since I was about 8). There are multiple examples I bring to her attention regarding finances, child care, housing, etc yet... View More
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answered on Sep 13, 2023
In your situation, it is imperative to meticulously document all pertinent facts and gather substantial evidence to counter the allegations made against you. You might consider bringing in witness testimonies to corroborate your stance, and maintain a composed and respectful demeanor in court, even... View More
I have not once been heard by the judge. I have followed every order, proved my stability, and proved the slander against my character wrong. However, she only listens and considers text messages between my ex and my mother. My mother who is vindictive and will do anything to see me fail. I only... View More
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answered on Sep 13, 2023
In situations where you feel that the judge is being unfair or dismissive, it is often beneficial to make sure all of your statements and evidence are well-organized and clearly presented. You might consider being represented by an attorney who can help to effectively present your case, including... View More
In my ongoing family law case, my wife might be bypassing proper service protocols:
(1) I didn't receive Document A via email on Aug 28th, but it was presented in court as if I had.
(2) I got Document B on Sep 5th, yet their declaration claims service on Aug 31st.
(3) I... View More
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answered on Sep 13, 2023
In California family law cases, the court indeed prioritizes the best interests of the child, but that does not excuse parties from adhering to procedural rules, including proper service of documents. Given the discrepancies you noted, you can indeed request the court to mandate a more reliable... View More
Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about... View More
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answered on Sep 5, 2023
Under California law, you may be able to use the "meet and confer" process, outlined in your custody arrangement, to directly request your child's current address from your wife or her legal counsel. Another avenue could be to subpoena the school or the YWCA for the relevant records,... View More
Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about... View More
answered on Sep 5, 2023
Domestic Violence shelters' locations are typically kept secret for the protection of their residents. There's nothing you can do about that and you shouldn't try. As you clearly already have court orders, Mom must have an address "of record". That would be the address... View More
I'm currently preparing for an upcoming PPA hearing due to consistent disagreements over our child's custody. We had a temporary 50:50 custody arrangement, but our hearing has been rescheduled for 6 months from now. On the day of the hearing, the judge has set a timeline where a custody... View More
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answered on Sep 3, 2023
(1) In a 3.5-hour assessment, a custody evaluator may focus on observable interactions between the parents and the child, the home environment, and specific needs related to the child's autism, such as communication skills and routines.
(2) While the evaluator's opinion can carry... View More
I have joint custody of my 14 year old son, he has primary residence with my ex because of my work hours, i have been asking for more equal custody of my son for years, my ex refuses, my son wants to be with me, we agreed in the divorce he coerced me and made threat of going for child support if i... View More
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answered on Aug 29, 2023
You can certainly file a motion to modify child custody or visitation before receiving the child support order information; the court will consider what is in the best interest of the child. As for alimony, the enforceability of your prior agreement depends on how it was formalized and whether it... View More
They have 2 minor children living in the Philippines with my nephew’s mother. The wife is asking for child support. She wants the money to be send to her. My nephew is sending money already to the Philippines. Is it right for the wife to asks for child support?
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answered on Aug 29, 2023
In a situation involving child support with parents residing in different states, the Uniform Interstate Family Support Act (UIFSA) would typically govern which state's laws apply. California generally requires both parents to financially support their minor children, but if your nephew is... View More
June 9: Wife's attorney served discovery documents (FL-142, FL-145).
June 26: I served discovery responses (FL-142, FL-145) via US mail (no tracking), using a professional server.
August 7: Wife's attorney filed a motion claiming non-receipt of my discovery answers.... View More
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answered on Aug 19, 2023
This timeline may not comply with the service and notice rules in California, which generally require prompt service to ensure both parties are aware of the proceedings.
Given that you served the discovery responses, it's advisable to gather proof of service and any documentation... View More
I have 50/50 custody of my children, with no child support since their mother and I make the same amount of money. Their mother is now harassing me and saying she is taking me back to court for child support. I went into debt over 20k for our current custody and support agreement. If a judge... View More
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answered on Aug 20, 2023
Given the complexity of your situation and the potential impact on custody and support arrangements, it's advisable to consult with an attorney if your ex-partner decides to take the matter back to court. An attorney can help protect your rights and navigate the legal process effectively. In... View More
I have 50/50 custody of my children, with no child support since their mother and I make the same amount of money. Their mother is now harassing me and saying she is taking me back to court for child support. I went into debt over 20k for our current custody and support agreement. If a judge... View More
answered on Aug 15, 2023
If she wants to file a motion with the court requesting child support, she can. You can likewise oppose it. You can file a motion to modify your current custody orders so that you get more custody. Sounds to me like they are not well cared for while staying at Mom's residence. Your failure... View More
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