Andy Chen's answer Are you concerned about child support or spousal support? If your ex isn't trying to become self-sufficient, you can ask the judge for something called a Gavron Warning and she'd have to provide proof of her seeking employment.
Kathryn Irene Phillips' answer Short answer is no, the support you were ordered to pay will not be stopped. However, it will also not be increased due to the fact that she is no longer employed, because she was at fault in losing her job. I don’t think the facts you have presented will justify a change of custody. Just based on 2 episodes of shoplifting, I do not feel the courts would grant a change of custody based solely on that.
Andy Chen's answer You can list all the accounts and credit cards if you want on the petition, but most people do not. They usually address that in the financial disclosure phase of the case (e.g. FL-142, etc). I have seen many parties leave the community and separate property sections of the petition blank or put "To be determined on the financial disclosures".
Your husband's small business will likely be a community asset that will be subject to division. Valuing a business can be complicated. Things...
Andy Chen's answer It depends on the numbers involved (e.g. down payment, value of the house now, etc). If he had the house before you were married, then you probably won't get 50% of it. Google "Moore Marsden California" and you should see the computation (called a Moore Marsden) about how CA divides houses if the facts do not indicate a 50/50 division.
Andy Chen's answer It is hard to tell in family court. Extension are very common depending on the judge, the case, etc. However, repeated continuances because one side is consistently not prepared is not something any judge likes. Emphasize or remind the judge the next time in court that this is the 6th time, 10th time, etc that the case has had to be re-scheduled because the other side was not prepared.
Also, the rule is that financial disclosures (FL-150, 142, 141, etc) have to be served by a party...
Andy Chen's answer In CA, a spouse cannot prevent a divorce from happening as this would, in essence, force a person to stay married when they didn't want to. If the husband does actually file, I would encourage your niece to get some legal advice (maybe just an hour or two) to both file a response and seek temporary spousal support and temporary child support. Some spouses believe they can just file for divorce and kick the other spouse and the children out on to the street. Temporary child and spousal support...
Andy Chen's answer Your situation may be too complex to address via the Internet. I would encourage you to find a lawyer you can deal with face to face. The 2nd marriage is technically illegal b/c it is bigamous. However, there is a concept called a Putative Spouse in cases where a person (the deceased, in your case) marries another believing erroneously that they are single. I've used Putative Spouse stuff before, but not in a probate context. You might have to open a probate in your county first to resolve who...
Kathryn Irene Phillips' answer There are factors to consider before the question can be answered. Did you and your wife pay-down the mortgage during your marriage? If so, there will be a approportionment of your community property vs. separate property interest in the equity. However, if your mother paid the mortgage payments and you and your wife did not pay them, then there would be nothing on which to base a apportionment. Did you and your wife invest time and money making substantial and material improvements or...
Andy Chen's answer You can't prevent the divorce from happening. You cannot force your husband to stay married to you. There is no way to answer what you may or may not be entitled to based on what you have described. You need to find a family lawyer in your area in order to discuss all the facts that will determine your answer.
Andy Chen's answer You have to go back to court and seek a court order forcing the sale of the home. You would need to submit, at a minimum, the form FL-300 in order to do that. There is no way of knowing without seeing the first court order, but I would guess it was not self-executing. In other words, the first order only specifies what will happen if he doesn't sell the house. It doesn't actually set that mechanism in to motion.
Andy Chen's answer The court will review the settlement agreement the two of you have to make sure that it is fair. The mere fact the division is uneven does not make it unfair. The court's goal is to make sure that the spouse receiving less of the assets will not become a public charge. If the court feels like becoming a public charge is likely or that the division is indeed unfair, the court may hold a hearing to discuss its concerns with the two of you.
Andy Chen's answer You can pick up the papers, if you want. Just be careful not to say or do anything that you don't want held against you later. Once you pick up the papers, though, your 30-day window to respond starts. Make sure you have the resources to respond appropriately within those 30 days. Otherwise, you'll have to respond in a really rushed manner.
Andy Chen's answer You can always ask, but winning it is something else entirely. The step down was likely ordered after careful deliberation, etc. If your order is nonmodifiable or if jurisdiction has been terminated, then you'll fail. The precise reasons of why you are homeless will be important too. Factors like the length of the marriage, elapsed time since separation, etc will also be extremely important.
Andy Chen's answer Unless there is a court order saying that you have to pay support, you have no obligation to do so. If the other guy is the legal parent, then he should be the guy responsible for support.
Andy Chen's answer No. Child support is retroactive only to the point where the request seeking it is filed. If your dad didn't file when you were 16, he can't file now and have it go retroactively to 16. He also likely cannot file because you're 18 now. In some cases, child support can go to 19 depending, among other things, on whether you're still in high school or not.
Andy Chen's answer I don't know of codes on this off the top of my head. Business valuations are usually done by either Van Campe accounting or Pereira accounting. Van Campe and Pereria were two court cases that happened ages ago.
Andy Chen's answer You should get the court order modified to either prevent her visitation, make it supervised only, or make it contingent on successfully completing a rehab program. Those are just suggestions. If something else makes sense, ask for that. You would need proof of the drug use now.
You can call the cops, if you want, to report the drug use. You'd have to go back to court ASAP to get the order changed.
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