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Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: What do I do when my 14 year old won’t get on the plane to go back to his father? California case.

Today he found out that, even though his father promised him, he could live here and go to school and will not be with his sister anymore. His father sought to take him back and the judge ruled in his favor on case las (burgess , California “detriment”) As soon as he found out, he destroyed the... View More

James L. Arrasmith
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answered on Jul 19, 2024

Under California law, when a child refuses to return to a parent as ordered by the court, it's essential to address the situation calmly and legally. Since the court has ruled in favor of the father, you are legally obligated to comply with the court's decision. If your son is refusing to... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Regarding "client trust accounts" set up in divorce situation by one attorney representing the other.

I'm in middle of divorce. Mediation fell through. My spouse has an attorney now advising her but not officially representing with substitution of attorney with the courts. I am not represented. The attorney representing her proposed moving the funds from the sale of our family home from escrow... View More

James L. Arrasmith
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answered on Jul 19, 2024

Under California law, the proposal to move the funds from the sale of your family home into a "client trust account" managed by your spouse's attorney raises concerns about impartiality and security. Client trust accounts are typically used to hold funds on behalf of a client, and... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Let's say someone was hit with a temporary domestic violence restraining order by false accusations but the restrained..

person discovered why the protected person actually filed the TRO. The discovery is that the protected person realized they would be in hot water if they did not have an excuse for not showing up to work on time or at all the particular day they filed and went ahead and called into work claiming... View More

James L. Arrasmith
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answered on Jul 19, 2024

Under California law, you can potentially gather information from the employer of the person who filed the TRO to understand if they called in with claims related to domestic violence. One way to do this is through a subpoena, which is a legal document that can compel the employer to provide... View More

2 Answers | Asked in Family Law and Social Security for Florida on
Q: If I turn 18 and am still in highschool is there a way to get my survivor benefits sent to me instead of my mom?

hi, I am 17 and my mom currently receives survivor benefits for her, me, and my brother after our fathers passing. I turn 18 in November and am wondering if I would receive my portion of survivor benefits instead of her once I am 18 since I would still be in highschool until May. I haven't... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 19, 2024

Once you turn 18, the benefits that were previously managed by your mother on your behalf can be redirected to you. You will need to notify the Social Security Administration (SSA) of your status as a full-time student in high school.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My spouse filed an answer and majority of their answer they lied and also had a child during our marriage.

We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.

1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: Does a finalized divorce void the communal property law in Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 17, 2024

No. Once the community property is terminated, income and debt you earn/obtain is solely yours moving forward but the already existing community property is still that. If your community property is terminated, then the community property between spouses remain just that, except that you are now... View More

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How to file charges for depriving custody
Robert Kane
Robert Kane
answered on Jul 16, 2024

Citizens report the incident to law enforcement, law enforcement conducts an investigation (if appropriate), prosecutors decide if criminal charges are to be filed. In most cases, family court is where these situations are addressed not criminal court.

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: Questions about alimony in Illinois and what options I may be able to pursue?

1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More

Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:

1. Reimbursement for Overpayment of Maintenance

Yes, under Illinois law, if you overpaid maintenance due to a decrease in...
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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Hello I have low income and my spouse had been verbal and mentally and financially abusing me I what can I do ?
Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

I'm sorry to hear about the verbal, mental, and financial abuse you've experienced. It's important to remember that domestic violence (DV) isn't limited to physical harm. The behaviors you describe are forms of DV, and it's not your fault.

You are...
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2 Answers | Asked in Divorce and Family Law for California on
Q: Filing for divorce after living in another country for over a year.

Wanted to file for divorce. Originally a California Resident, but lived in Mexico for over a year. She is in a mental health facility, and had taken the children and CPS had to remove the children from her. She tried to get me arrested with false accusations. I want to get divorced as soon as... View More

Robert Kane
Robert Kane
answered on Jul 12, 2024

You will need to meet the residency requirements in order to file for divorce (i.e. six months.) False accusations, CPS involvement and mental health issues don't change that requirement. There may be options depending on all the facts.

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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: We have both agreed to divorcing. Only tie to each other, other than marriage, is our mortgage that we are both on.

My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child mother is trying to put me on child support she lives in PR and i live in FL

My child mother is trying to put me on child support when i already give her 400 a month . She lives in puerto rico and i live in florida. She does not let me see or speak to my child if i dont give her more then $400 and is always threatening to put me on child support of i do not send her more... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

Child support obligations and rights to child visitation are handled through legal channels and are enforceable across state lines and territories, including Puerto Rico, under the Uniform Interstate Family Support Act (UIFSA). UIFSA allows for cooperation between states and territories in the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex wife move from her residence taking our daughter without telling me?

I do not believe she moved out of state . I do not know where they are, I've asked to see our daughter but they come up with an excuse for me not to show up at the residence. They don't know that I know they moved. They keep lying to me. The ex wife has our daughter lying to me about where they are.

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

According to Florida statutes, a parent cannot relocate more than 50 miles from their current residence for more than 60 consecutive days without the consent of the other parent or a court order. This applies to moves within the state as well as out of state. For the parent wishing to move, there... View More

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 11, 2024

Mr. Frick is substantially correct, although in Florida what he calls "widow's rights" is referred to as "homestead". The mortgagee can foreclose (as is normally provided in the mortgage), but the person who asked this question would have to be named as a defendant in the foreclosure action.

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1 Answer | Asked in Small Claims, Child Support and Family Law for Texas on
Q: can i sue for money paid in past under enforcement of court order in civil family court?

I am wanting to sue my ex for amount I have paid over the past year for medical child support because he never followed the court order and submitted the proof that he was paying what he said for insurance. the attorney general says it's out of there hands now because the support has ended and... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

I do not believe you can sue to recoup amounts you paid for medical support that you were ordered to pay by court order. At best you can sue to enforce the court order against your ex requiring him to submit the proof he was paying what he said for insurance as long as you are still within time... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: In a divorce are you entitled to only half the amount paid in on the mortgage ?? Or is appreciation or value now

Or current value when sold

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

In a divorce, neither spouse is automatically entitled to any part of money paid in on a mortgage.

With respect to real property acquired by a spouse during the marriage, the property will likely be determined to be the community property of the spouses and will be subject to a "just...
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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: How can a father in prison stop a mother from getting his child.

I am currently in prison on several drugs related charges. I have a 4 year old child who is currently living with a family friend via POA due to the mother of my child having a no contact order on our child. The mother is currently on Felony probation on child abuse charge and obstruction of the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 11, 2024

Your best course would be for whomever has custody of the child now to seek either third-party custody or a guardianship. The POA is a voluntary thing, and even with one in place, it would not prevent a parent from picking up the child whenever. Is there a CPS case pending? If so, all this would... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: How can I limit the time my daughter is forced to spend with her when it is my ex's visitation that he isn't even using?

My ex leaves our daughter with his mother 90 percent of the limited time he has visitation. My daughter is terrified of her grandmother. The last exchange of her, the grandmother was in a minor car accident and my daughter was beyond scared because she was screaming at her and cussing at me on the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2024

You can file a motion regarding parenting time, citing what you just stated here. Specifically, that he doesn't use his parenting time, shifting everything to his mother. I would help to get a copy of that police report from the state police incident.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How do I file for sole of primary custody? The father is homeless and has substance abuse issues as well as my mother-in

My husband and I are separated. I live in Texas. My spouse lives in Louisiana. We currently have joint custody. I don’t want to return my children to their father because the environment isn’t good for their well being and the father isn’t fit.

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

You need to hire an attorney in or near the county where you live who practices in the area of family law or divorce to file a divorce proceeding in which you can seek full custody of your children. While cases seeking full custodial possession of children can be difficult and expensive, the facts... View More

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