Due to Covid and mom's progressing condition, she is no longer living with dad in their shared home. Dad controls rents from RE rentals, and has made more money than mom. He will not pay for any care. My sisters and I are struggling to pay for mom's care. I have power of attorney to... View More 
answered on Jul 22, 2021
I'm sorry to hear about your situation. I am not a family law attorney, but I can tell you this: Your mother owns half of the community property in the marriage and all of her separate property.
Community property is property that was earned during marriage (assuming there is no... View More
He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... View More
answered on Feb 23, 2021
You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what... View More
My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... View More
answered on Feb 23, 2021
Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children... View More
He has been threatening me with ridiculous things like turning me into authority for drug dealing and prostitution and tax evasion and unemployment fraud. Said his father was going to sue me for back rent and put an eviction on my record . I had to give back my wedding ring and not allowed to see... View More
answered on Jan 25, 2021
So sorry to hear you are being treated this way. Yes, you have rights. Suggest you contact a local Family Law attorney or the Legal Aid society about getting a divorce and seeking a temporary restraining order against your spouse, his girlfriend and his father for the harassment. Meanwhile, you... View More
We are separated many years already, he moved in with me and my kids from LA, first I agreed to him moving in with us, knowing that he already moved on and accepted that it’s over between me and him, but now i am having trouble living with him, I just want to be free from him legally but I... View More
answered on Jan 25, 2021
Your county Superior Courthouse will have a family law division where there are judges who specialize in hearing this kind of a case. Before Covid there were offices you could go to for assistance in filing your own documents. The dissolution petition is online and pretty self explanatory. If... View More
My husband and I are still married, live together in Southern California, and never had any custody hearings. He doesn’t want our daughter to go. His reasoning is because of COVID-19 but we just went to visited his parents in Northern California. So I don’t see the difference.
answered on Jan 2, 2021
No. If you are parents married with no court orders limiting where when and who the child can be with, either parent can travel freely subject to not putting the child’s health safety and welfare in jeopardy. In this case that would following protocols for travel. Covid-19 has been addressed by... View More
We were married over 25 years, support was court ordered for long term marriage. He went on furlough when Covid started, and collected unemployment benefits...now I believe he has retired early from his union job, so the checks that were issued by his employer stopped. He refuses to comply. Divorce... View More
answered on Nov 6, 2020
You may need to take your ex-spouse to court and you should definitely consult an attorney about this issue because long-term spousal support is very complex. You could start by reaching out to your ex-husband and making sure he knows where to send you his spousal support checks. While his... View More
Support was court ordered indefinitely for 27 year marriage. His employer would issue mandatory check to me when he got paid. He no longer works there. Do I have to petition the courts?
answered on Jul 16, 2020
The meter keeps on running on spousal support until the judge changes the order. Even though you are not getting paid, the meter is still running and he is beginning to owe you what are called "arrearrages." If his income has dropped he can ask the court to lower or stop his support... View More
I had a paralegal tape up my documents and file them with the court I had continuing court dates a.k.a. COVID-19 my last one was over the phone I was not able to attend in time so I missed it therefore I need to re-file my case how do I do that I can no longer afford to hire another paralegal.
answered on Jul 11, 2020
Here is my suggestion: Your paralegal should have given you an extra copy of the papers which were filed. If not, go back to the paralegal and ask for one. You already paid for it. Also ask the paralegal for a copy of the document on the thumb drive in case you need to print new copies... View More
We have shared custody of my son (7) and she told me she is going to move from O.C. county to LA county to stay near her job ( she is with this job since 3 years already and she was driving everyday). I am staying in O.C. and my son goes to school to O.C. doctors in O.C. etc. Can she move my son to... View More
answered on Apr 19, 2020
Depending on what your orders say about "shared" custody, she probably does not have the right to unilaterally move the child and change the school, doctors etc. for him; nor can she unilaterally adopt a different time share for the child.
However, you need to take some immediate... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
