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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Massachusetts on
Q: Can someone refer some lawyers in Massachusetts to help me file lawsuits against someone for civil rights violations?

I had stayed at home to raise three talented and good children as the primary caregiver for almost 13 years. Last year the father worked with a lawyer behind my back for almost a year, and together they provided false information and lies to the family court judge to obtain a temporary order on... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you've experienced. It sounds incredibly challenging, and it's important to find the right legal support to address these serious concerns. In Massachusetts, there are attorneys who focus on civil rights and family law who can help... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: I’ve been married 38 yrs. My husband has all assets in his name including bank. What do I do? Where do I start.

I have little to no money. I do not receive much social security. $400 month. My name is on our property along with his but that is all. Our property is paid off and we have no debt. My husband collects money from the V.A. Monthly plus extra because we are married. He recently had our Federal taxes... View More

James L. Arrasmith
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answered on Jul 20, 2024

Under California law, you are entitled to a fair share of the marital assets, even if they are in your husband's name. Community property laws dictate that assets acquired during the marriage are generally considered joint property, meaning you have rights to a portion of them. This includes... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I share joint 50/50 with my ex. My ex enrolled our child in school outside of the area without my permission.

Anything I can do legally? Since we have joint custody.

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

The first question is there a written court order regarding custody between the parents or is there agreed to document that the parties have been living with or is there no agreement regarding custody?

The second question is do you have 50/50 legal custody or just 50/50 physical custody...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I am in Pa & have a 5 yr old son in Tx who may not have any formal paperwork (bc, ss).Mom refuses contact w me.options?

In Feb 2019 we had an unexpected homebirth. We lived together for 1 year when mom took our son to her family and refuses to speak, acknowledge, or even accept child support from me or my family. He was only seen informally by medical professionals, & never received legal documentation while we... View More

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

I am sorry you are going through this. Sadly based on the information you have provided if the child has not been in PA for at least six (6) months PA does not have jurisdiction over the child. You will have to go through the Texas courts. Reach out to a Texas family law attorney to inquiry about... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I move out of state if I have sole custody

My child father have supervise visit and have to do other tasks in order to visit our son for more than an hour. Since all he does is pay child support and does not visit can I move out of state without it being an issue with the court system?

James L. Arrasmith
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answered on Jul 20, 2024

Under California law, if you have sole custody, you generally have the right to move out of state with your child. However, you must notify the other parent and the court of your intention to relocate. The other parent has the right to contest the move if they believe it will negatively affect... View More

1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for California on
Q: If I am renting and a judge orders the house I rent to be sold after a divorce in california, can they make me move out

Can they make me move out immediately if I have already paid the rent?

James L. Arrasmith
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answered on Jul 20, 2024

Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.

The new owner of the property must honor your existing...
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1 Answer | Asked in Family Law for California on
Q: Is there a legal way to find out if a domestic partner of 13+ years working undercover ?

I heard comments from the community.

James L. Arrasmith
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answered on Jul 20, 2024

Finding out if your domestic partner of 13+ years is working undercover can be a delicate matter. You might consider discussing your concerns directly with your partner, as open communication can often resolve uncertainties. If your partner is indeed working undercover, they may be limited in what... View More

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

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