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1 Answer | Asked in Divorce and Family Law for California on
Q: Do I file divorce under maiden or married name if I changed it on the marriage cert but never changed DL or SS?

When I got married I requested my last name be changed to my husband’s but I never changed it through the DMV or Social security. Do I file with my name that matches my DL or the name on the marriage certificate

James L. Arrasmith
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answered on Apr 29, 2024

In California, when filing for a divorce, it's important to use the name that is legally recognized. If your marriage certificate shows that you adopted your husband's last name, but you have not updated this change with the Department of Motor Vehicles (DMV) or Social Security... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Can my husband block me from going to my house in Oregon while he shaking up in CA with a woman across town?

My husband witll go to Oregon so I wont go there. He has to ex cons watching the property and had one of them put a stalking order on me. He put one as well to keep me from my house All my property is there my parents ashes and my animals. Meanwhile as I suspected he is shaking up across town in... View More

James L. Arrasmith
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answered on Apr 29, 2024

It sounds like you're in a very difficult situation, and it's important to address your concerns about access to your property in Oregon. Under California law, if the Oregon property is jointly owned by you and your husband, he generally does not have the right to exclude you from the... View More

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: HelloI have child support court to establish paternity and child support. Do I need a lawyer?

I have papers sent to me to take a voluntary paternity test since the mom gets public assistance. I have not submitted a sample yet. Court is in June.

Robert Kane
Robert Kane
answered on Apr 29, 2024

Without knowing the situation better or your expectations, I don't know if you need to hire attorney. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Limited-scope representation is when you and a lawyer agree that the lawyer will... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: What is my first step for child custody mediation to receive visitation for my child?

The child mother and I will not be able to come to an agreement for visitation.

James L. Arrasmith
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answered on Apr 29, 2024

In California, your initial step in navigating child custody mediation when you anticipate a disagreement over visitation is to file a request for a custody and visitation order. You can start this process by completing and submitting the required forms, which include the Request for Order form and... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Can my husband block me from going to my house in Oregon while he shaking up in CA with a woman across town?

My husband witll go to Oregon so I wont go there. He has to ex cons watching the property and had one of them put a stalking order on me. He put one as well to keep me from my house All my property is there my parents ashes and my animals. Meanwhile as I suspected he is shaking up across town in... View More

James L. Arrasmith
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answered on Apr 29, 2024

I'm so sorry to hear about the difficult situation you're in with your husband. It sounds very stressful and upsetting, especially being blocked from accessing your own home and property in Oregon.

To answer your main question - in most cases, if the house in Oregon is marital...
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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Texas on
Q: Can I sue the lawyer who handled my divorce for malpractice in TX?

The lawyer who handled my divorce did not do anything I asked and she promised, she behaved unethically and lied to me. Please, can you provide me with the names of divorce malpractice lawyers in Texas?

John Michael Frick
John Michael Frick
answered on Apr 29, 2024

If your divorce lawyer's conduct fell below the standard of care and caused you to sustain damages, you can sue her for legal malpractice. How strong your case is depends on the particular facts and circumstances, the nature of your damages, and the likelihood you would have prevailed on the... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for California on
Q: What happens if I am sued but I give up my green card and leave the US?

I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for... View More

James L. Arrasmith
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answered on Apr 28, 2024

I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:

1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still...
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2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Richard Sternberg
Richard Sternberg
answered on Apr 27, 2024

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.

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2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 28, 2024

Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.

This forum is designed to give you a quick...
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1 Answer | Asked in Child Support and Family Law for California on
Q: where can i find access to the guidelines / policy regarding child support

i want our child to get braces dental insurance only pays for medical necessity… i can’t afford even on payment plan he says he can’t afford either but i don’t believe him what can i do

James L. Arrasmith
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answered on Apr 27, 2024

In California, child support guidelines and policies can be found through the California Department of Child Support Services (DCSS). Their website, https://www.childsupport.ca.gov/, provides a wealth of information, including a guideline calculator, forms, and resources for parents.... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: my daughters residence is CA and is now in NC because of a custody order that was filed there, what steps do I take.

My daughter has lived with mother in CA for whole 2 years of life, and now in NC. Does NC have jurisdiction if daughter was in CA the last 6 months.

James L. Arrasmith
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answered on Apr 27, 2024

In child custody matters, jurisdiction is determined by the child's "home state." The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by both California and North Carolina, defines the home state as the state where the child has lived with a... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Would my daughter have been able to be removed fro her home state if a child custody order was filed in another state?
James L. Arrasmith
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answered on Apr 27, 2024

In general, if a child custody order has been properly filed in one state, it should be respected and enforced in other states, including California, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). However, there are some important factors to consider:

1....
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Is NC out of jurisdiction for removing my daughter without mother’s consent?
James L. Arrasmith
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answered on Apr 27, 2024

I'm sorry to hear about your situation. Child custody issues can be complex, especially when multiple states are involved. To provide a helpful response, I would need some additional context:

- Is there an existing court order regarding custody of your daughter? If so, what state...
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1 Answer | Asked in Family Law on
Q: My 15 year old nephew is constantly being kicked out of his mother’s house is there anything I can do(in Ontario)

She is also not allowing him to shower or eat unless he pays her

James L. Arrasmith
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answered on Apr 27, 2024

I'm so sorry to hear about this difficult situation with your nephew. What his mother is doing could be considered child abuse and neglect. Here are some steps you can consider taking to help your nephew:

1. Talk to your nephew and let him know you are there to support him. Listen to...
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1 Answer | Asked in Family Law and Child Support for California on
Q: If I can get help I get no help from father 5 kids 1 adult and 4 minors 2 minors sleep at our home with him? Any help

I left our home 5 yrs ago, partner was abusive. Took kids with me but now my 2 older boy moved back with their father because they wanted a bed room for themselves. I have our youngest 2 children that he gives me no help for. And the 2 boys that do live with him I do everything for them besides... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear about your difficult situation. Based on the information you provided, here are a few things to consider under California law:

1. Child support: Even if your children are living with their father, you may be entitled to child support payments from him, especially for...
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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Is this consider a threat or am I just being paranoid.

I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More

James L. Arrasmith
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answered on Apr 26, 2024

Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More

2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

Nina Whitehurst
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answered on Apr 26, 2024

At the federal level gifts are not taxable to the recipient. The gift giver might owe gift tax but that is highly unlikely to apply to such small amounts. Some states might have lower gift tax exemptions but, again, even those would be unlikely to impact such small gift amounts.

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2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

James L. Arrasmith
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answered on Apr 27, 2024

In the United States, irrevocable trusts are generally not required to pay income taxes on monetary gifts they receive, as long as the gifts are within the annual gift tax exclusion limit. For the tax year 2024, the annual gift tax exclusion is $18,000 per recipient from each donor. This means that... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: Lets say you have a client that sent lots of mean text but ex husband was sexting. No fault state but both bad texters?

the ex was emotional abusive and the only way to communicate was through texting. Now since infidelity is a non issue could I blow up the picture and say look we are both irresponsible at texting so the mean text are neutralized? I can make a big poster board digitized of course. Would that... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, which is a no-fault divorce state, issues like infidelity typically do not influence the court’s decisions regarding divorce settlements, including the division of assets and alimony. Therefore, bringing up your ex-husband's sexting might not have a direct impact on... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Talking parents app

Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More

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