Cathleen Elisabeth Norton’s Answers

Schedule a consultation with a reputable family law attorney in your area and he/she will be able to run the numbers for you. Be careful though--the judge does not have to follow any DissoMaster numbers for temporary spousal support. It is discretionary, not mandatory. The online calculators are not always accurate and are generally provided by child support services--they are concerned with supporting children so they do not become a public charge so the program may not allow you to...

Too many unanswered questions to give you any direction but if he can make a case that there are changed circumstances (I can think of a hundred ways to do that), then he may get the modification he seeks. The best advice anyone could give you is: hire a family law attorney to help you. It is an unfair fight--he is a lawyer and you don't have counsel. Under the right facts, you should be able to get attorney's fees. I don't know why you would file an OSC for arrears? If there is a...

November 8th is your filing deadline--that is 9 COURT days before your hearing (taking into consideration court holidays). That means you don't have a lot of time to hire an attorney and file a Responsive Declaration. Depending on the opposing counsel and the judge, you may request a continuance so you and your attorney can prepare your case better. I suggest that you keep your Conciliation Court appointment (mediation), because if you can agree to the custody and visitation issues in...

Denial of a domestic violence restraining order is not the same analysis a court will make in determining what is in the children's best interest. If she is suicidal, then the court may question your parental judgment in allowing her to be around the children. However, if you do not think she is a danger to them, then you must be prepared to explain why. It may be best to not leave her alone with the children while in your custody to assure the judge that you are making good choices with...

You may need to bring this issue to the court's attention. In doing so, you want to document the times of your attempted calls, and dad's lack of a response. You may also want to consider suggesting to dad that you use Skype or some other form of video conferencing so that your daughter's communications with you seem more "real" since it is difficult to get a 6 year old to stay on the phone more than a few minutes. I suggest you speak to a family law attorney to explore the legal options...

The Form Interrogatories includes a request for the other party's Schedule of Assets and Debts. Check the box, provide a blank form, and you will receive an updated Schedule of Assets and Debts, along with all the attachments it requires (assuming it is completed properly). In my practice, having a properly completed Schedule of Assets and Debts informs the way I choose to litigate a case. It is vital to any settlement negotiations as well. Also, make sure your document production...

There is a rather well-developed body of law with regard to move-away requests. Take a look at Marriage of LaMusga for starters. Be prepared to answer the following questions : What is your plan for ensuring the other parent continues to have a bond with your son? Are you willing to give up summer vacations and holidays? Who will pay for travel expenses to/from California? Most people cannot prepare a move-away case on their own, so if you can make peace with your attorney, I suggest...

The father's attorney will likely argue that there were no "exigent circumstances" warranting an ex parte child support order. You should argue that it was an "emergency" situation and the judge had the authority to order child support on an ex parte basis. You should also argue that the emergency child support order is in the best interest of the child and the father is not prejudiced by having to wait until a court hearing to modify the order. That will give you enough time to review their...

You need to count backwards from the hearing date. She is required to serve you at least 16 COURT days before the hearing. Court days do not include weekends and holidays. You have to file and serve your Responsive Declaration 9 COURT days before the hearing. Also, check the upper right hand corner to see what date the court stamped it. If there is a long delay between that date and the date she served you, then I would recommend hiring an experienced family law attorney to assist you in...

If the court reserved jurisdiction over the disposition of the family home, then you need to go back to court and ask the court for the order you seek. However, I strongly advise you to consult with an experienced family law attorney to advise you of your legal options. The course of action you take depends a lot on how much equity is in the house, when the house was bought and for what price, what the post-separation contributions were to the mortgage payments and property taxes, etc....