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Joseph Land
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Joseph Land’s Answers

54 total


  • Can I get back pay child support without a back dated court order?

    I have just recently filed for child support and per the agency a court order will be established as of 11/1/2013. However, I want to inquire about receiving child support for previous unpaid months where there was no court order. Per the Child Su...

    Joseph’s Answer

    Unfortunately without a court order you can't go back and get retroactive amounts. If the father was to agree and then sign some sort of stipulation with respect to back child support then it could be enforceable. Its not likely anyone would do that.

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  • What is my next step after reviving respond from my husband?

    after almost a year he respond back and i was served with it.i need to know what do i have to do next?what forms i need to fill out and should oi take it back or mail them to court and if they will give me a court (hearing date ) or i have to requ...

    Joseph’s Answer

    Well what are the issues of the case? If you need interim orders like spousal support, child support, or child visitation then you should file an RFO for such orders. If you would like to be divorced and cant come to an agreement you could also file a notice of trial setting conference which would put you in front of the judge to set a trial. Call an attorney in your area to discuss the options based on your specific facts.

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  • How do I find out if my husband filed for divorce?

    My Ex and I separated in 2010 due to my infidelity and getting pregnant. I haven't spoken to him since but heard rumors that when he moved to san diego near the end of 2010 he divorced me. I've never recieved any legal documentation. How do I know...

    Joseph’s Answer

    In order to divorce you he needs to notice you of the proceeding. It seems that if he did actually divorce you there was some foul play since you did not know if it. You can look up the divorce if it took place via case name at:

    http://www.sdcourt.ca.gov/portal/page?_pageid=55,1&_dad=portal&_schema=PORTAL

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  • What to do?

    My fiancé just found out he has a 3 yr old son and his baby mama doesn't allow him to see him if I am present what can we do in this case?

    Joseph’s Answer

    You should file a petition in court to establish paternity. In addition file a motion in court for orders for custody. When you have these orders theres nothing the mother can do about you being present if the court's orders don't state you shouldn't be around. Unless you are a risk to the child then the court wont make such an order.

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  • Can my ex and I change our parenting agreement on our own, or does it need to go in front of a judge?

    we share custody 50/50, i am moving to North Carolina for a new job and wanted to take the kids. Initially he said we would all go (unfortunately I got nothing in writing), but just recently changed his mind, and wanted the kids to stay with him...

    Joseph’s Answer

    You absolutely should have something in writing. Have an attorney draft up a stipulation and order and have you both sign it so you have an enforceable document that states you can leave the state with the children. It could become a mess if you do not do this. Feel free to give me a call if you have any questions.

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  • What can I do to get my children back?

    My children were taken away from me on Thursday June 13, 2013 by Department of social services because my daughter had 3-4 different fractures and she is only 2 months. We can't explain what happened but are positive we did not hurt her or we did ...

    Joseph’s Answer

    This will be a very difficult and trying case for you. You need to think about how the child could have possibly suffered these factures. You will have an attorney appointed for you but if you have the means I would consider hiring an attorney and an expert on fractures to aid you in this case. You should not take any chances with this case. If the court finds that you indeed hurt this child then they do not have to offer you reunification services. If you end up hiring an attorney please make sure that this person has DEPENDENCY law experience. IF you have any questions feel free to give me a call.

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  • I pay 100 dollars per month sposal support she is still working and I am retireing in July she has never remarried california

    I want to stop paying support we both earned about the same income during our 28 year marriage. I had to give her 8 years of my calper retirement $26,000 when she decided to that, I went after her 401 but only recieved 14,000. I have been paying ...

    Joseph’s Answer

    You cant stop paying unless you file a request for order from the court. Give the court all the reasons why you think that support should be stopped. From the facts you give here I cannot tell you whether or not you meet the burden of a change of circumstances but you should contact an attorney and give them more specifics so that they can help you through this.

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  • Is a minute order an enforceable document, in California, if it is signed and dated by the judge.

    My ex is hiding my children.

    Joseph’s Answer

    An Order After Hearing is a document that police are more familiar with when enforcing custody arrangements but a certified minute order should work (especially if it from the Juvenile court which doesn't issue order after hearings). I'd contact an attorney near you to take a look at the document you have and take it from there.

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  • The dad hasn't exercised his spervised visits in 6 months and wants to see the kids. What should I do?

    Visits can be with a proffesional, his sister, or another agreed upon adult. He refuses to use his sister and agency. He has a friend flying in from Oregon who I am sort of ok with being the spervisor and he now wants to see the kids. He has no pl...

    Joseph’s Answer

    You have to follow the court's orders. That means that you cant stop him from seeing the kids. But since it is monitored visits only you can stop him from seeing them if it isn't an approved monitor. If you approve of the monitor you have to let him see them.

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  • We decided to do it on our own without judge deciding

    Father has full physical custody of our 14 yr old. We didn't agree at mediation but as we were waiting for judge to see our case. Dad tells me she can come live w me physically but on paper, she will remain w him. I already enrolled her in high sc...

    Joseph’s Answer

    • Selected as best answer

    At anytime the father can just take your 14 yr old back in his care. If the police are called they will most definitely place her back with the father and there isn't much you can do about it. I would file a stipulation and order immediately to protect yourself. If the father is worried about child support you can stipulate to it being zero in that order as well. Give me a call and I can help you if you need it.

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