Filed RFO then continued court dates did not serve for months playing games , till now. I & E declaration omitted 12 mo, avg earnings from job under penalty no pay stubs . In arrears support for 3 months.. Stated his intention to not pay. ...
I think based on what you are describing the Court will deny his RFO. You should absolutely point out the lack of service and the continuance and the incomplete I&E. In my experience Courts are reluctant to terminate spousal support and your ex is clearly not providing enough information for the request that he himself filed. It is appropriate to request fees and sanctions. Good luck!See question
They didnt look at his paystubs or anything, they just listened to her. She claimed he was making like $5000 a month and he wasnt, he was barely making maybe $1200
Your BF has the right to file for modification of child support. It may not be modified retroactively, but if he files an Order to Show Cause and an Income and Expense Declaration with all fields filled out and with all necessary attachments, a hearing will be set at which time the Court will re-calculate support. Child Support in California is governed by a guideline and is modifiable if circumstances change. The Court will consider both parties' income and timeshare with the children and will use the computer program to arrive at the right support calculation.
Good luck!See question
My sons father wants 5050 but he absusesdrugs and alcohol, is voilent and needs to be mentally evaulated we agree to handle outside of court he signed the dismisal now hes stating I forged his signiture. How can i present these things to the judg...
The dismissal itself is not a major problem because you can always file another case. The Court will not look disfavorably on you if you file another custody action.
I do not know if you have an existing court orders. If you don't you should file and Order to Show Cause and ask for a custody plan that you want. Tell the Court why you believe the plan you are asking for is in your children's best interest. If you believe there are drug or alcohol issues, point them out in your paperwork and tell specifically what actions of the dad, or what information leads you to believe that there are these issues. You may also ask the Court for what is called a child custody evaluation. A mental health professional may be appointed to evaluate the whole family (not just dad) and give it's recommendations to the Court.
Good luck!See question
My son is special needs diagnosis: Traumatic brain injury, seizure disorder, ADHD. My EX is proposing living within 10 miles with 50/50 custody & visitation switching households during school weekdays. My sons behavioral specialist believes it is ...
The Court will generally consider any relevant information in making a custody order. The court's primary charge is the best interest of the child. If an expert believes that a child will benefit from a certain custodial arrangement, especially a special needs child, the Court will usually consider that. It may be that the doctor will be required to testify at a hearing. It may also be that the court will appoint its own expert (a child custody evaluator) to help the Court in making the custody order.
It sounds like you already have an attorney, so you should discuss these issues with him/her.See question
hello my boyfriend was just granted more time with his kids i believe % would now be 40/60 can he ask for child support to lower payments being that he spends alot of time with his kids on top of medical insurance,still buy them clothes, and pays ...
The answer is yes, your boyfriend can ask for a reduction of child support based on his increased time share. In California, child support is calculated using a formula which considers income of both parents and each parent's timeshare. Before asking for modification, he should talk to an attorney or a family law facilitator if your local court has one, to determine what his new support would be. Then he can decide if it makes sense to seek a modification.
Good luck!See question
We have temporary custody order of 50-50 and our custody battle is not settled yet. Back in February, my soon to be ex agreed our son to go to public kinder in my residence school district in SF. (right now he attend private preschool in Peninsu...
The answer depends on what exactly your court order says. If you have joint legal custody and if the order says the consent of both parents is required regarding enrollment in school, then your ex cannot change the school unilaterally. Review your order carefully. If you want your childn to remain in the same school, your ex would be the one that has to go to court and ask for a modification of the school and explain why the modification is in your son's best interest.See question
i AM DIVORCED AND HAVE MOSE CUSTODY. MY KIDS CANNOT EVEN GO TO THEIR DAD'S HOUSE FOR VISITATION. BECAUSE THEY WERE MOLESTED BY THEIR STEP SIBLINGS. SO THEY HAVE TO GO TO THEIR GRANDMA'S AND HE HAS TO VISIT THEM THEIR. HE ONLY GETS VISITAION EV...
Your odds are probably good, but you still need to get a court order that allows you to move. It sounds like there is now a court order for the Father's visitation, and if you simply move, you will be violating the Court order. You should contact an attorney in your area and file for a "move-away" with the Court. There may be a custody evaluation (a psychologist looking at your situation and advising the Court on what the custodial arrangement should be). At the end, the Court may issue orders allowing you to move and for the father to visit the children in Washington.See question
I have been ordered to pay $700 a month for child support. Can I get this amount reduced and get partial custody of my child? I have already went before a judge and a decision has already been made.
Generally, child support is always modifiable. Very generically, child support is a function of the parties' respective incomes and timeshare with the child. The more time you have with your child, the less support you will be required to pay, other things being equal. A mathematical formula is used to determine child support. If your circumstances have changed, you can file an Order to Show Cause for modification of child support. Be sure to address the issues why your income has decreased - the Court is less likely to reduce your support obligation if it feels that you are voluntarily underemployed or something like that. You may want to try to negotiate with the other parent to see if an agreement can be reached. You can also contact a family law facilitator in your local court for assistance.See question
For instance, our daughter is entering middle school next year, and my ex chose the school and registered my daughter to that school without asking me first. When I found out, I confronted her and she said it was too late and that the school is al...
If you have joint legal custody orders with your ex, you are absolutely entitled to share in the decision-making about your daughter's education, healthcare, etc. Your ex may be violating the Court order depending on how the order is phrased. You can file an Order to Show Cause with the Court where your orders have been issued to either modify the Order or to enforce it. With respect to the school issue, it is now March, so I am not sure for what year are we talking about. If we are talking about September, there should be enough time to bring this to the Court. You should be prepared to suggest alternatives and explain why the school you propose is better for your daughter. Depending on your situation, you may want to ask the Court for very specific orders - i.e. Mother to notify Father before making a decision regarding....
With respect to who watches the kids, generally parents are able to arrange for their own childcare, although sometimes there are may be orders for a "right of first refusal" if the other parent cannot care for the child for 24 hours or more. If you don't have such an order and believe one should be made, you can ask the Court for it. Again, be prepared to explain why it is in your children's best interest.
Good luck!See question
Married 10 + years. Does the amount for spousal support or the rules for change that longer you have been married?
In California, the Courts have a lot of discretion at setting spousal support. The courts look at factors such as incomes, needs, marital standard of living, etc. The length of the marriage is important. Generally, marriages over 10 years are deemed "marriages of long duration." On marriages of short duration, the presumption is that the support should terminate after one-half of the length of the marriage. On a marriage over ten years, the presumption does not apply and spousal support may continue indefinitely.
As to the amount, that depends on a multitude of factors. You may wish to take a look at Family Code 4320 for the list of factors that the court must consider.See question