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Cathleen Elisabeth Norton
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Cathleen Norton’s Answers

653 total


  • My husband's divorce paperwork says Dissolution-status only, is he really divorced and can this cause us any problems?

    My husband and I were both previously married. He was married to someone in Arkansas.

    Cathleen’s Answer

    It is difficult to answer your questions without reviewing the actual document you are referring to. It may be that your husband is requesting a bifurcation of status, which simply means that he wants to be legally divorced and is asking the court to reserve on all the property issues, etc. I suggest that you speak with an experienced family law attorney in your area to help you sort things out. In the meantime, I am including links below which may be of some help. Good luck.

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  • Am I required to reply to my ex wife's attorney's demand for an income/Expense Dec. FL 150 for Child Support adjustment?

    I live in LA County, CA. My divorce was final April 2013 and I just received a letter and FL-150 request from my ex-wife's attorney. Must I respond to her attorney? If so, do I need to personally file the FL 150 with the court? Nothing on my end ...

    Cathleen’s Answer

    • Selected as best answer

    Technically, opposing counsel can request an updated Income and Expense Declaration under Family Code 3664, which states:

    3664. (a) At any time following a judgment of dissolution of marriage or legal separation of the parties, or a determination of paternity, that provides for payment of support, either the party
    ordered to pay support or the party to whom support was ordered to be paid or that party's assignee, without leave of court, may serve a request on the other party for the production of a completed current income and expense declaration in the form adopted by the Judicial
    Council.
    (b) If there is no response within 35 days of service of the request or if the responsive income and expense declaration is incomplete as to any wage information, including the attachment of
    pay stubs and income tax returns, the requesting party may serve a request on the employer of the other party for information limited to the income and benefits provided to the party in the form adopted by the Judicial Council. The employer may require the requesting party to pay the reasonable costs of copying this information for the requesting party. The date specified in the request served on the employer for the production of income and benefit information shall not be less than 15 days from the date this request is issued.

    If you want to modify your child support order based on a change in circumstances , then you need to file a Request for Order, and I am providing a link below for more information. Good luck.

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  • Can my ex force me to return our child a specific time or day?

    My ex has legal and physical custody, I have “Reasonable visitation” during a recent visitation we had a disagreement, during my visitation time. She demanded that I return our child early. I declined as this is not our usual pattern or pick up an...

    Cathleen’s Answer

    Yes, she can but there is no court order requiring that you do so.

    It sounds like your case is likely going to end up in court. Why? Because you and your ex do not have a custody agreement with any specificity. I'd recommend that you file a Request for Order to change the language of the current order--"reasonable visitation" does not mean anything and it will continue to cause unnecessary problems for the both of you. I am including a link below regarding model parenting plans that may be of some help. Good luck

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  • CA. bifurcated divorce, wife always carried health insurance for family, she worked a good job entire marriage of 20 years.

    After bifurcation husband gets dropped from health insurance, ex refuses to pay for insurance, for now ex husband, in violation of FC 2337.Disabled ex husband gets health insurance through state Medi-Cal for no cost. Should ex wife reimburse Medi...

    Cathleen’s Answer

    If you want to be insured through wife's policy, then you need to bring the issue before the court. Even if wife could or should reimburse Medi-cal, it is not your fight and you have no legal standing to pursue the claim. With regard to the other issues, it sounds like you do need a family law attorney to clean things up. I am including links below which may be of some help.

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  • If the Mother has custody can she move out of state if there is a open case on joint custody?

    She has full custody but told me that she is moving out of state and I have a case open to get joint custody. So can she move while this case is opened?

    Cathleen’s Answer

    No, she cannot move without a court order or consent from the other parent. You may need to file an ex parte application to stop the move-away, and I strongly suggest you speak with a family law attorney immediately. I am including links below which may be of some help. Good luck.

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  • How do I make sure I get credit (Epstein) for paying community property debt during my divorce? Spouse will not pay anything.

    Spouse left me in 2012 with mortgage, private school debt for child and car loan. Initial divorce paperwork has been filed but I have not filed the FL 140, Fl 142, or FL 160. I live in the marital home and have been making the payments and keepi...

    Cathleen’s Answer

    • Selected as best answer

    Requests for reimbursement on post-separation payments toward community debts are typically handled at the time of trial. You will need to file a Request for Trial Setting, and then prepare your exhibits regarding the reimbursements for trial. However, you must remember that if you are living in the family home, whatever amount you pay towards the mortgage might be offset by the benefit you receive by living there. I strongly suggest that you hire an experienced family law attorney on a consulting or hourly basis, even if you are unable to afford one to represent you on a full-scope basis at trial. It sounds like there is more going on here than meets the eye. Good luck.

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  • Child support in California ?

    Please tell me about child support laws in California . I'm resident of another state . 07606 Please help I live in New Jersey , but a baby live with another parent in California ,i have a job but the other parent stop working ,how they cal...

    Cathleen’s Answer

    • Selected as best answer

    Child Support in the State of California is largely based on 2 factors: the amount of time each parent spends with the child(ren), and the relative income of the parties. If the case is in California, then it does not really matter where you live--California guidelines will be used to determine the appropriate amount of child support. I am including links below which will help you understand the laws pertaining to child support in the state of California. Good luck to you.

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  • Does my sons father have to pay child support?

    My sons father was paying me child support thru the agency. he had 33% custody and now he has 50% custody. Can I just call the agency and have them stop the child support garnishment/enforcement. or do we have to go to court and recalculate it. He...

    Cathleen’s Answer

    Yes, you may very well be ordered to pay him child support since you have a 50/50 custody order and you make more money than he does. You certainly have the right to close your case with the Child Support Services Department. Call them. Good luck.

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  • Can I ask the Child Support Agency to make my ex pay me 100% back up child support?

    Oct 2012, I filled for child support modification since I hadn't received any child support from my ex at this time he has 45% but he wasn't sticking to the order. He stop seeing our daughters from October 2012 to May 2013. We recently went to cou...

    Cathleen’s Answer

    No, you cannot get retroactive child support. It would be a violation of the other parent's due process. See below for more explanation.

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  • I live in california and my wife lives in Colorado. She had me served with a summons for a divorce. I have no money what do I do

    I used to live in Colorado but was in an auto accident was disabled lost my job and my condo and was forced to move to California where my family lives. I tried to get my wife to come with me but she wouldn't, I had to leave or soon I would have n...

    Cathleen’s Answer

    You need to consult with a Colorado attorney; re-post this question under that jurisdiction. Good luck.

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