It has been my experience, prior to COVID, that it was really up to the individual judges if they allowed the witnesses all in the courtroom at the same time. most of the time I found that it was one witness in the courtroom at one time. Since COVID, most appearances are virtual and processes are...Read more »
DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.
I do not believe tax refunds or federal stimulus payments would count as "income" for support calcuation purposes. Government benefits like food stamps, daycare assitsance, etc. typically do not either. This obviously isn't settled law as the stimulus payments are novel.
Turn and up until now we have split the last two stimulus checks because they were based on our joint tax return but with this third stimulus it will be based on the most resent one which I filed single with all three of our kids am I entitled to split this stimulus with my ex even though it is not... Read more »
Thank you for your question. If you already filed your 2020 tax return, it seems that the government may use that information to calculate the amount of stimulus you will receive. However, other sources say that the government may use 2019 data to calculate stimulus payments.
If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a...Read more »
I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »
You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification...Read 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... Read more »
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...Read 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... Read more »
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...Read 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... Read more »
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...Read 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... Read more »
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...Read more »
Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... Read more »
You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is...Read more »
I have been evicted from my home due to a fraudulent accusation by my husband since March 17th. The case have been dragged through the court system without any resolution as of today. I am totally displaced and need to know whst i can do in regards to my legal rights. We were married for 17 years.
It is unfortunate what you are going through at this time. The first thing you should do is file in Family Court for Spousal support if you haven't done so already and need the support. Unfortunately, the pandemic has made a mess of the court system with cases taking much longer due to...Read more »
Where you were married and where your wife lives are irrelevant to obtaining a divorce in New Jersey. If you meet New Jersey's residence rule. If she cannot be located, then service by publication is required. But that is not a problem. But, you must retain an experienced matrimonial attorney...Read more »
Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court involved, just "between us") to reflect his income loss for 2019 and 2020, and suggests 50 payments/year instead of 52.
The real issue is whether your ex's income setting was impacted by Covid or whether he was claiming his income setting could not support his alimony obligation prior to Covid. If he was claiming to be unable to pay the amount of alimony owed in 2019, then the question is what took place...Read 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.
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...Read more »
I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »
This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either...Read more »
I got married to a Russian citizen in Rhode Island. Later we got divorced in Russia, where I still live and work. I want to get married again (this time in Russia), but I'd need to provide Certificate of No Record of Marriage from the US. Is it correct that to get this document I'd have... Read more »
This is the first time I have heard of such a certificated requirement in over 50 years of practice. It is tantamount to proving a negative, which is damned near impossible. It requires examining the universe and concluding such does not exists
We got married in front of plenty of family and friends we both signed a Ketubah ( Jewish marriage contract ) with 2 witness signatures and the Rabbi we couldn’t file our paper work because of the Corona Virus
As long as the couple has a valid Nevada marriage license and the ceremony was performed by a Nevada licensed Officiant with at least one witness, then the marriage is legally recognized. The officiant’s failure to record the marriage documentation within the required 10 days after the ceremony...Read more »
My wife and I got married more than a year ago after dating a little more than two years. We got tired of not being able to be together all the time since I'm Mexican and she is a US citizen. So, We got married because we loved each other and filed the necessary docs to the USCIS with the help... Read more »
I suggest discussing your situation with an experienced Immigration attorney regarding your green card application. As for the divorce, it appears you are on your wife’s timeline as to when the divorce will occur or become final. In Nevada, a spouse cannot delay or refuse a divorce if the other...Read more »
I need a matrimony attorney. My ex reopened a case to have me out of the condo he owns however he let me stay here. The divorce papers back in 2013 had a rental agreement. Please advise. I need time or need to fight this. Lived here for almost 20 years.
Much, if not the entirety of this matter may have to do with the terms of that agreement. Other than that, existing law may afford tenants some rights and protections against landlords under certain circumstances. An attorney cannot properly answer this question, however, without...Read more »
He said he doesn’t owe it to me because while we were separated and the divorce was not finalized he was giving me support money out of the kindness of his heart. So we should be equal or I should pay him back for doing that. Is that true?
Money given directly typically does not count toward the child support obligation, but is considered a gift. But it depends on the temporary support order in effect during the divorce, and what the court ordered for support when the divorce was finalized, and how it required him to pay , either...Read more »
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