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California Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I pay child support to my ex for our daughter, she has sole physical and legal custody of her. Today the judge approved

for me to have temporary custody of my daughter, pending our custody court date. My question is, do I call child support and ask them to stop payments to my ex, since my daughter is in my custody for 2 months? Our custody court date is set for August 3rd. Or do I have to allow them to keep... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on Jun 3, 2020

In order to stop the child support garnishment you need to file for modification of child support and it will only be modified after a court order. Any modification entered after the filing of the request for modification will be retroactive to the date of filing and you will be entitled to a... Read more »

1 Answer | Asked in Family Law for California on
Q: Marriage certificate has lastname errors that cannot be changed, even after filing an amendment. What can we do?

State of California refused to change certificate after payment of amendment.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 2, 2020

You will have to consult with a California lawyer to get an answer to that question. Lawyers are licensed by the states where they practice, and each state has it's own laws when it comes to family law matters. Some parts of the law are standard from state to state (like the Uniform Child... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: If moving party served me with a proof of service zoom court Family Law hearing in her name was I properly served .

Our court hearing is set for June 4 @9:00 am.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 1, 2020

You were not properly served because I party to the action cannot be the person who serves the papers. However, as your hearing is in 3 days, there's nothing you can do about it. I wouldn't risk not "showing" up at the hearing simply because you were not served properly. You... Read more »

1 Answer | Asked in Divorce, Family Law and Tax Law for California on
Q: Do I have to report spousal support arrears I received that was ordered to be paid to me in 2019?

I receive spousal support under a 2016 temporary support order. The divorce is still pending. I know I need to report that income on my tax returns since that order is from before 2019. However, in 2019 my spouse was found in contempt of court for failure to pay support and was ordered to pay me a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 1, 2020

Any money you receive from any source must be reported to the IRS in the tax year that you received it.

1 Answer | Asked in Family Law and Real Estate Law for California on
Q: how may I lift a DVRO that requires me to move out of my home while the title is being contested in quiet tile case?
Marco Antonio Torres
Marco Antonio Torres answered on May 30, 2020

There is insufficient information to determine where you are in the DVRO process - is it a temporary restraining order pending a hearing or has a hearing been held and a restraining order after hearing been entered. If the DVRO is currently temporary then you will need to successfully defend the... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: Hello good day I have a question can I take my child out of state on vacation if I let the other parent know what dates

Back and were we are headed to and he says no I did text him and have all the text between us. I told him it will only be for 2 weeks we don't have any orders in place can he say I abducted our child even though I said only for that amount of time

Mike Darlington
Mike Darlington answered on May 29, 2020

That would depend on the terms of the custody/timeshare orders in place. You need to read them very carefully to determine what time you are allocated for vacations, if any, any restrictions on destinations/travel, and notice provisions. Such as requiring advance written notice. If you are... Read more »

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2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can the judge separate me and my boyfriend if there was domestic violence with kids involved ?
Dale S. Gribow
Dale S. Gribow answered on May 28, 2020

more info needed.

i am not a family lawyer and you should not be discussing sensitive info like this on an open forum.

i assume the court was concerned for the safety of the kids but I don't have the info.

you need to consult with a lawyer in your community to get...
Read more »

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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Probate for California on
Q: My grandmother passed away in November, the house is being sold

I am a beneficiary and under ca. Probate code 16061.7 I am required to get copy of the trust now that it is irrevocable, question is do I have a right to see the escrow/title documents prior to closing? What other documents am I entitled to get a copy of, If different than the above code what is... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

I would consult a probate attorney immediately. Trying to learn the law and the forms, may cost you dearly. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax...
Read more »

1 Answer | Asked in Estate Planning, Family Law, Child Support and Probate for California on
Q: I need to collect child support via someone's inheritance, which is in probate. What forms would I use in California ?

Child support order is in place. Arrears is owed

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

Go to the county probate court’s Website, find the case information and the law firm’s contact information, and deliver the claim to them. The law firm must pay all valid liabilities before distributing the estate. Alternatively, contact the probate court and seek their help. I hope this helps.... Read more »

1 Answer | Asked in Family Law for California on
Q: A friend has lived with her boyfriend for about 9 years. She became handicapped and now he wants her out.

Shortly after moving in together she became ill and later had to leave employment. Prior to that she made his house a home and contributed financially. Now he wants his old life back and wants to throw her out of the house. She needs 24 hour care and does not know what her rights are.

Marco Antonio Torres
Marco Antonio Torres answered on May 26, 2020

There are insufficient facts in your post. Nevertheless, If your friend is in California then she may look into the following:

1) A “Marvin” action; and

2) Putative spouse doctrine.

Finally, California does not recognize common law marriage (but does allow for divorce...
Read more »

1 Answer | Asked in Family Law, Juvenile Law and Social Security for California on
Q: can my father refuse to give me my social security benefits until I’m 18 even though he kicked me out?

months ago I was kicked out,my father didn’t really care but I didn’t tell them where I was going so my fathers sister reported me missing. I still had the missing person report even though everyone including my dad knew where i was at. we got that resolved and both of them stated it was fine... Read more »

Mike Darlington
Mike Darlington answered on May 25, 2020

Call or get online with the Social Security Administration; explain the situation to them and they will head you down the right path. May be a slow process but just take one step at a time and don't lose your patience.

2 Answers | Asked in Family Law for California on
Q: I want to know If I file for a legal separation , can I seek Income from my husband?
Mike Darlington
Mike Darlington answered on May 22, 2020

You are, I assume, asking about spousal support. In a legal separation you have all the same rights as you do in a divorce action; except you cannot dissolve the marriage. Consequently, you can seek spousal support. Being able to seek it though may be different than being awarded it. That will... Read more »

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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: if my ex put a domestic restraining order on me what do I do to fight back? he is trying to start paperwork to take

kids from me, when in fact he has corprl punishment . Him and his family are trying to take my kids.

Dale S. Gribow
Dale S. Gribow answered on May 20, 2020

a lot more info is needed.

The first thing you should do is make an appointment with a lawyer in your area who handles this area of law.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How can a mom get child support but lives in a two person income household, & I struggle as a single dad to pay?

I have 4 kids. 2 by 1 mom & 2 by another mom. The 1st mom wants child support even though she lives in a household with a new partner who she has lived with for over 8-9 years, has 3 more kids with, & only refuses to marry him so she can collect more child support from me. While I struggle... Read more »

Mike Darlington
Mike Darlington answered on May 19, 2020

Actually, if she were to marry him it might increase your support. New spouse's income is not disposable to payment of child support. The only thing a new spouse's income does is put mom's income in a new tax bracket so she nets less income for the child support calculations. The... Read more »

3 Answers | Asked in Family Law for California on
Q: I am responding to an Ex-Parte in family court, do I have to serve the other party with my response before the hearing?
Tobie Brina Waxman
Tobie Brina Waxman answered on May 18, 2020

That's a really interesting question during this Covid-19 time in our lives. Generally, when you have an ex parte application hearing, you hand the other party your moving papers the morning of the hearing. I expect you still need to do that, but I wonder what precautions can be taken to... Read more »

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2 Answers | Asked in Criminal Law and Family Law for California on
Q: Do I have grounds to get a temporary restraining order?

My daughters step mother is sending threatening text messages to me directly such as, “I know where you live” “let’s go b*” “One punch you’re gone” and other vulgar messages. It’s been going on for two days and I’m afraid she’ll act on it or hurt my daughter. I have all of the... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 16, 2020

You can make a very good case before to get a temporary restraining order.

The court focuses on whether there is a credible threat of violence that would place a reasonable person in fear for his or her safety or the safety of his or her immediate family, and that serves no legitimate...
Read more »

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1 Answer | Asked in Child Custody and Family Law for California on
Q: If my sons father is on parole for penal codes 261(a)(2) and 207 will he be allowed joint custody?

He wears an ankle monitor and isnt allowed near schools or places children frequents

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

It is possible - however those are serious convictions which may give a judge pause to order visitation without supervision if you contest a request for joint custody whether it be legal and or physical.

If your goal is to challenge it you will need to establish why it’s in the child’s...
Read more »

1 Answer | Asked in Child Support and Family Law for California on
Q: Im about to buy a home with my girlfriend and wanted to know if her income can affect the amount of support I pay child?

I have child support court on July 7 and live with my girlfriend and our child but will have to start paying child support. Will her income effect how much support I will have to pay? What if we split bills and share income will judge consider I have more income ?

Marco Antonio Torres
Marco Antonio Torres answered on May 10, 2020

No - your girlfriend’s income has does not affect prospective child support. The judge will consider your income, expenses albeit are a part of the I NBC one and expense declaration, generally do not affect child support calculations.

1 Answer | Asked in Divorce and Family Law for California on
Q: Married Less Than 3 Months...Divorce or Annulment?

I had applied for Confidential Marriage License applied at the Santa Clara County, CA back in Feb 2020. I have yet been back to purchase the Marriage Certificate. Since married, we do not share bank accounts, money, or have purchased any tangible assets. She and her young 18 months child does... Read more »

Mike Darlington
Mike Darlington answered on May 8, 2020

To obtain a nullity in California depends on meeting certain criteria, most of which have to do with issues that occurred or where present prior to the marriage. It does not appear from your question that the necessary elements exist to have the marriage nullified and you would be better off... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Hi , I have visitations with the mother of my kids. She’s not letting me see the kids due to Covid-19, what can I do?

I have visitations on Saturday and Sunday 10am-12 pm . She told me that the only way I could see them if I do a Covid-19 test which I did and it came out negative. She’s requesting for her to see results or else I won’t be able to see the kids. What can I do?

Tobie Brina Waxman
Tobie Brina Waxman answered on May 6, 2020

There is no legal authority for using Covid 19 as a reason to violate custody/visitation orders. She is in the wrong. However if you got tested and you know the results are negative, why not just let her see the results so you can see your kids. Once the courts reopen, you can file a motion to... Read more »

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