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Edwin J Castellanos

Edwin Castellanos’s Answers

25 total

  • The State has a Child Support Case against me without a court order is that legal?

    This is not child support order for custodial parent to receive. Because I am/was custodial parent. This has been affecting my life since 2005. From any/all information I have found out CSSD got an order for child support against me due to papers ...

    Edwin’s Answer

    CSSD must have properly served you in order for there to be a valid child support order. You may be able to fix this issue, by getting a copy of the Court file, and see how and when you were served with a motion for support. If service was not done properly, you may be able to file a motion to set-aside and have the court either dismiss the case or recalculate the amount so it is proper for your income level. If the minor child was taken from your custody and placed in foster care or another state facility, both parents are financially liable for support not just you. The other parent should also contribute to the support. You need to consult with an experience family law attorney that routinely litigates matters in the child support court.

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  • How long after i move with my son from Nebraska to California would i have jurisdiction over my son.

    custody battle, i am paying child support. and theres no custody agreement yet.

    Edwin’s Answer

    The general rule for a state to acquire “home state” jurisdiction over a child is residency in a state for a minimum of six (6) months prior to the initial custody filing. The state that makes initial orders retains jurisdiction over the minor child. If you move to California with your son, Nebraska would still retain jurisdiction unless both parents move out of Nebraska. Once orders have been made by one state, the six month rule does not apply and it is hard to move the case out of the originating state.

    There are other avenues you can explore, but interstate custody issues are difficult and you may want to seek legal advise before you make any travel plans.

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  • Child Support case in Los Angeles, CA

    Will I still have to pay child support if I have been living in the same household with my ex-spouse and child since last year when judgment was made? I have been supporting my child the entire time.

    Edwin’s Answer

    If you have Court ordered child support, and you reconcile with the other parent, Family Code §3602 applies to your case. This code sections makes child support not enforceable during any period in which the parties have reconciled and are living together.

    If you have not reconciled, but are living with the minor child that is the subject of the child support order, your support will be forgiven by filing a motion to request Jackson credits. In essence, you have paid the support by providing room and board to your child.

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  • Can my husband get child support reduced if he was laid off?

    My husband was just laid off today. Other than focusing on looking for a new job, I told him he will need to immediately file for adjusted child support. He currently has 50/50 custody of his son, but pays $1000/mo in child support since he make...

    Edwin’s Answer

    You need to file quickly, to preserve the retro-activity date. Your husband may find work before you are able to attend your hearing. The best process is to file a simplified Support Modification. This method is meant to be quick and easy to modify support when you have lost your job. Parents should not have to incur significant costs or experience significant delays in obtaining an appropriate support order under these circumstances. Here are the forms you will need.
    • Information Sheet--Simplified Way to Change Child, Spousal or Family Support (FL-391).
    • Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (FL-390).
    • Simplified Financial Statement Form (FL-155)

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  • So is this weekend considered the 2nd weekend of the month?

    for court visitation, my daughter see her father 1st, 3rd, 4th, and 5th weekend of the month and i get the 2nd so i was wondering since the 1st fell on a sunday last weekend if that counted as the first weekend. thank you

    Edwin’s Answer

    How you calculate the weekend depends on the court order that established the parenting schedule. There is no universal rule that states the weekend starts on the first day of your weekend visitations, nor is there a rule that allows the visiting parent to decide based on best interest. For instance, in Los Angeles County there are stipulation forms used in Court that state that the 1st weekend is the weekend with the first Saturday of the month.
    I assume your case is in San Bernardino since you state you are in Yucaipa. You should first look to your order and if there is no provision that addresses when the visitations begins, speak to the other parent and get an agreement as to when the weekend starts. Otherwise, you may need to go back to court to get further clarification.

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  • Should I file for divorce in Florida or California?

    I live in Florida but I plan to move back to California with my 7 year old daughter.

    Edwin’s Answer

    As stated by the other responses to your question, you cannot file for divorce in California. However, you can file for legal separation and in the alternative divorce. Once you have lived in California for 6 months and in your particular county for 3 months, you can convert your case to a divorce case.

    However, you will not be able to litigate custody issues in California as your minor child must have been living in California for six months prior to filing your California case. Custody issues will be handled in Florida. With these factors in mind, it would appear that Florida would be the best option for you. However, other factors not stated in your question may change this analysis.

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  • While the Divorce is on process and if I leave the country, will i still get the divorce? what will happen to me?

    Will I be able to come back to USA? i don't have any kids from our marriage, the marriage lasted 10 years, no property or asset.

    Edwin’s Answer

    When filing for divorce, there is a residency requirement that at least one spouse must meet. Under the Family Code §2320(a), one party to the proceeding must have been a resident of the state for six months, and a resident of the county in which the proceeding is filed for at least three months before filing the divorce petition. Once this residency requirement is established and you have filed for divorce, you are not required to remain a resident of California. There is no restriction regarding travel during your divorce case.
    In order to finish your case, you must either proceed by default if your spouse has not filed a response or set the case for trial. In either scenario, being out of the Country will not prevent you from finalizing your divorce.

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  • What forms are required to file Legal Guardianship of a minor in the county of Los Angeles, CA?

    Minor is living with grandfather and parents are in Korea. Grandfather would like to be minor's legal guardian so he can be able to sign school paperwork.

    Edwin’s Answer

    In order to become a minor’s legal guardian in Los Angeles County, you will need to complete the following forms and notices and file them with the clerk’s office when you are finished: Be advised there may be additional forms that apply to your particular matter. The below stated forms are the basic forms that are required to file in Los Angeles County.
    1. Probate Case Cover Sheet PRO-010**
    2. Petition for Temporary Guardian GC-110
    3. Or Petition for Temporary Guardian of the Person GC110 (P)
    4. Order Appointing Temporary Guardian GC-140
    5. Petition for Appointment of Guardian of minor GC-210
    6. Or Petition for Appointment of Guardian of the Person GC-210(P)
    7. Guardianship Petition - Child Information Attachment GC-210(CA)
    8. Consent of Guardian, Nomination and Waiver GC-211
    9. Order Prescribing Notice DE-200
    10. Declaration under Uniform Child Jurisdiction and Enforcement Act (UCCJEA) FL-105/GC-120
    11. Notification to Court of Address on Conservatorship/Guardianship PRO-003** (2 copies)
    12. Proof of Personal Service FL-330
    13. Notice of Hearing (Guardianship) GC-020
    14. Order Appointing Guardian of Minor GC-240
    15. Letters of Temporary Guardianship GC-150
    16. Letters of Guardianship GC-250
    17. Confidential Guardian Screening Form GC-212
    18. Duties of Guardian GC-248
    19. Declaration of Due Diligence None
    20. Notice of other Cases Involving Minors UCF-001** (2 copies)
    21. Waivers of Court Fees:
    a) Information Sheet on Waiver of Court Fees and Costs FW-001 INFO
    b) Application for Waiver of Court Fees and Costs FW-001
    c) Order on Application for Waiver of Court Fees and Costs FW-003
    22. Probate Guardianship Pamphlet GC-205
    Additionally, if you are living in Los Angeles County, you may want to visit the Guardianship Clinic at the Stanley Mosk Courthouse. This is a self-help clinic for low income, self –represented litigants. You can receive assistance on filling out forms there. They are open on a first come, first serve basis Mondays through Wednesdays from 9:30 A.M. to 3:30 P.M. Otherwise, you can download the necessary forms by using the websites listed below. Select the “All Forms Listed by Number” forms group from the drop-down menu.

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  • 1. I want to get a divorce in California. Will my college loans/credit accrued during our marriage be divided between us?

    I live overseas now ,but i have filed a divorce petition yet.

    Edwin’s Answer

    At time of divorce, the student loan will be declared the separate property of the person who incurred the debt, which would be the spouse who is the student. There are exceptions to this general rule. For instance, when such a disposition would be 'unjust' given the extent to which the community benefited from the education, training or educational loan.
    However, bear in mind that if the student loan was paid during the marriage, the community may have a claim for reimbursement of those payments. Pursuant to Family Code § 2461, when one spouse works so that the other can attend school or otherwise pursue training for a new occupation or enhanced earning capacity, it is usually with the expectation that the community will benefit after the education or training is completed. If the marriage is dissolved before the community can realize this benefit, the law recognizes a right of reimbursement to redress the economic unfairness.

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  • Does my ex girlfriend have rights to see my daughter?

    My daughter is 18 months old my ex girlfriend was there at the time of conception and birth but then stoped contact with me and my family suddenly for 11 weeks, now she is trying to take me to court to gain acsess to my daughter, my daughter not l...

    Edwin’s Answer

    In order for your ex-girlfriend to have contact with your daughter she needs to establish a basis to file a case against you for custody or visitation rights. You have not stated what type of case she has filed against you. However, based on the facts presented, she may try to state that she is a presumed parent under Family Code §7611(d). A presumed parent occurs when a person takes the child into their home and holds the child out as their own. This area of the law is very complicated, and you will need to consult with an attorney to see if she has a case.

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