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California Family Law Questions & Answers
4 Answers | Asked in Child Support, Child Custody and Family Law for California on
Q: No custody. Child support order changed to 0$. The grandpa of mother now has custody and is asking for child support.

in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$... The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 19, 2024

Not sure what you mean by "released your rights". You cannot relinquish your parental rights unless your child is being adopted. Your obligation to pay child support/to financially support your child remains enforceable regardless of what agreements you may have reached with the other... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How long will it take for me to received child and spouse support after I request a court order?

I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending ?... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 19, 2024

If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: A close friend of mine has been wanting to get a divorce from her spouse for the past two years now.

He hasn't been cooperative or responsive in any way ever since they separated. She cheated on her, abandoned her, and cut any type of communication with her. He even started living with the person he cheated on her with. So far, she has been trying to get the divorce started by filling out the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 15, 2024

I don't understand the problem. She doesn't need his cooperation. What paperwork did she send to him that she believes he has to fill out for her to proceed with a divorce. Sounds like a lot of misunderstanding about how the process works. California is a no-fault state. If she wants... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for California on
Q: married 23 yrs and lived apart 10 after dv case but reconciled but continued to live apart spousal support still option

Herecievedlarge settlement in p.i. Case this year and required my signature to receive it and promised 25,000.00 for signing can I take it to court for verbal agreement only

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 15, 2024

It's difficult to prove the existence of a verbal agreement. Further, you have been separated for 10 years. When did the injury occur that gave rise to the lawsuit and later settlement? The settlement may be separate property to which you are not entitled to any share. Reconciliation may... View More

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2 Answers | Asked in Family Law and Elder Law for California on
Q: Is it legal for someone to take his deathly ill mother to sign the house over to him while she is on hospice?
Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

The legality of having a terminally ill person, such as a mother in hospice care, sign over property depends on factors like mental capacity, potential duress, and whether the decision reflects her true wishes. The person must fully understand the transaction; if illness affects this understanding,... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Divorce and split house 50/50

We been going to court already for the 5th time for divorce. We got a house before we married but moved in to the home together the first day we got it we both split the mortgage. She got me good she put her dads and her name on the house. I lived there for 15 years we remodeled the home and... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if... View More

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4 Answers | Asked in Domestic Violence, Family Law and Car Accidents for California on
Q: So I was involved in a incident I had calmly asked to press charges and file a restraining order but PD said I can’t

That I would have to go to court. Isn’t that against the law? What can I do? Especially when I have been assaulted.

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

The decision to press charges lies with the police and prosecutor, who review the evidence to determine if charges should be filed. If the police decline, you can file a complaint directly with the prosecutor. For restraining orders, you usually need to file a petition in court, unless the police... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: how do i find my child in another state? how do i get custody or some sort of visitations? PLEASE HELP ME

i went to prison in 2017 and was forced to sign some papers what i think was signing mhy rights away to my son.i dont know what states hes in and the only time his mom contacts me is when she needs something. i want to be apart of my sons life not just as an atm but as an actual father. i need help... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

To find out where your child is, start by contacting the child's mother for his location. If she refuses, consider hiring a lawyer or private investigator, or seek help from friends, family, or social media. Consult a family law attorney in your state or where your child may be to determine if... View More

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2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for California on
Q: Can I take ownership/control of property owned by my sister who is on drugs, brain damaged and lives homeless?

Sister on drugs (lifetime), homeless by choice (brain permanently damaged - drugs). Mom helped her spend her inheritance from father (now deceased) to buy a home for her and her kids. State took her kids from her (due to drugs and mental issues), and she "ran away" from her house to be... View More

Julie King
Julie King
answered on Sep 6, 2024

You'd need to become her conservator. Conservatorships have notice and other requirements to be sure someone isn't "railroading" a relative and becoming a conservator just so they can steal the disabled person's assets. I'm NOT saying that is what you are doing.... View More

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2 Answers | Asked in Family Law for California on
Q: If i am sick, is that possible to pause the court hearing?
Robert Kane
Robert Kane
answered on Aug 21, 2024

You will need to convince the judge with evidence to obtain a continuance. The opposing party's consent may help. Obviously, the court system cannot accommodate every time someone simply "calls in sick." A remote appearance may be an option. A chronic illness or condition may require... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: [DISCOVERY] Sanctions for Lack of Meet and Confer Before Filing Motion to Compel

In family law (LA County), my ex’s attorney sent me 25 questions, followed by 35 more questions 10 days later. I requested a 20-day extension for the second set, but she refused. I tried to personally serve the first set 3 days before the deadline according to her instruction, but she was not in... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 9, 2024

There is no meet and confer requirement when no responses have been served at all. There is a difference between filing a motion to compel and filing a motion to compel further responses. With an initial motion to compel, when no responses have been served at all, there is no meet and confer... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex started potty training our 19 month old without telling me

We have 50/50 custody. Our baby is nowhere near ready to start potty training. He’s only doing this because of our baby continues to get bad diaper rashes while under his care and the babysitter he chooses. So instead of correcting the issue he’s now decided to force our baby to potty train and... View More

James L. Arrasmith
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answered on Jul 26, 2024

In California, both parents with joint custody have the right to participate in significant decisions affecting their child’s welfare, including potty training. Since you share 50/50 custody, your ex-partner should have consulted you before starting potty training. You can emphasize to the... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Is there a particular formula that is used when calculating alimony?
James L. Arrasmith
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answered on Jul 26, 2024

If you're navigating a divorce, understanding these factors can help you anticipate potential alimony outcomes. It’s beneficial to gather detailed financial records and evidence of your standard of living during the marriage to support your case. Working with legal counsel can provide... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can i make doctors/dental appointments for my step daughter on my husbands behalf if he gives me permission to do so?

I am a Step mother to my husbands 14 year old daughter. As of lately hes not had the time to make her a needed appointment(according to him) and i wanted to offer to help but i didn't want to overstep. My husband has Shared legal and physical custody with his ex. They are both allowed to make... View More

James L. Arrasmith
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answered on Jul 25, 2024

In California, as a stepmother, you can help your husband make medical and dental appointments for his daughter if he gives you permission to do so. Given that he has shared legal and physical custody, he is allowed to make these decisions, and you can assist him with tasks like scheduling... View More

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: How do I get my divorce case moving forward again when my ex-husband refuses to show up for court

My husband in the last 3 years since I have filed has only been present only for the domestic violence restraining order hearing that he was contesting other than that he has not made a single Court appearance and the current judge we have will not make any rulings or court orders with both of us... View More

James L. Arrasmith
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answered on Jul 25, 2024

To move your divorce case forward in California when your ex-husband refuses to show up for court, you can take several steps. First, you can file a "Request for Order" (RFO) asking the court to proceed without him. Explain to the court that he has been non-compliant and request a default... View More

1 Answer | Asked in Family Law and Divorce for California on
Q: My soon to be ex husband works in law enforcement and has a pension plan. Will he also be getting social security?

Do I need to ask for that in the divorce agreement?

James L. Arrasmith
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answered on Jul 24, 2024

In California, your soon-to-be ex-husband may still be eligible for Social Security benefits even if he has a pension plan, especially if he paid into Social Security through other employment or if his pension is from non-covered work. Social Security benefits and pensions are often considered... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: Can an adoption be transferred to another state post adoption? If not, how do I ensure services are provided?

My 2 children were adopted out of the foster care system in Nevada although we live and have always lived in California. Now my child has several needs that should be provided for from Nevada but since we're not there they offer no other support other than a support allowance and medicaid... View More

James L. Arrasmith
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answered on Jul 24, 2024

Adoption agreements typically cannot be transferred to another state post-adoption. However, there are ways to ensure your child receives the necessary services. First, you can contact the Nevada agency that handled the adoption to clarify the support they provide and any potential resources... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Need to have spousal support reduced or eliminated; afraid going back to court will only result in having to pay more

Divorce was granted about 14 years ago, and spousal support was awarded to my former spouse with no end date stipulated. I was diagnosed with a degenerative neurological condition and cognitive impairment about 5 years ago and have not been able to work full time for the past 3 years. My former... View More

James L. Arrasmith
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answered on Jul 23, 2024

In California, spousal support can be modified if there is a significant change in circumstances. Since your diagnosis and reduced work capacity represent a substantial change, you have grounds to request a reduction or termination of spousal support. Additionally, if your former spouse is now... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for California on
Q: Does a grandparent who has been accused have a right to due process in family law?

Parents are the ones under investigation. However, Grandparent has been accused of failure to protect. Doesn't grandparent have a right to due process, especially if they could be potential guardians? Grandparent has been silenced and the accusers word has become fact even though it is false.

James L. Arrasmith
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answered on Jul 22, 2024

Yes, as a grandparent, you do have a right to due process in family law matters, especially when accused of something like failure to protect. Due process means you should have the opportunity to be heard, to present your side of the story, and to defend yourself against the accusations. It is... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Mom is keeping the kids from calling dad between visitation after they had agreed in court, they can call.

Dad provided a cell phone so children can call dad and mom took it away. He continues to document daily and turned in 2 months worth text to clerk for his next Aug custody date his current Lawyer is missing in action.

Mom came to door pounding on the door creating drama when their a... View More

James L. Arrasmith
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answered on Jul 22, 2024

It's really tough when you're trying to maintain contact with your kids and obstacles keep popping up. Since there's already a court order allowing the children to call you, document every instance where this is being blocked. Keep detailed records, as these will be crucial for your... View More

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