Cathleen Elisabeth Norton’s Answers

Ask her to agree to make the exchanges at your local police station.

Yes, you are correct. The law in California is clear: a parent's principle obligation (as far as the law is concerned) is to support his/her children according to the parent's circumstances and station in life. Family Code 4053(a). The case law helps us to define when "earning capacity" can be used to "impute" income to a parent who is voluntarily unemployed or underemployed. However, the burden of proof is on YOU to show that she has 1) the ability to earn $X, and 2) the opportunity to...

First of all, I hope that you got either a court order or consent to move 4 hours away from your ex before you actually do so. If not, then you definitely need to hire an attorney to represent you in a move-away proceeding. You should call your local court to see if there is a daycare facility inside the courthouse. If so, then part of your problem is solved. Litigation is inconvenient--no doubt about it. If you have an attorney, then you don't always need to be present for court (...

I agree with my colleague. However, if your husband told you that he does not intend to work again, you have a couple of options available to you: First, you can ask for a vocational examination and, thereafter, impute income to him based on his ability and opportunity to work. Second, you can ask that a "reasonable rate of return" is calculated based on his "big inheritance" and that amount can be counted as "income" for the purposes of calculating spousal support. Third, you...

If she is still in high school and hasn't graduated, then your child support obligation continues until she graduates or turns 19. If your daughter has graduated from high school, then your child support obligation terminates by operation of law.

If the cost of the flight is something that the court did not consider in making its ruling, then you can request a modification of the so-called "move-away" orders by filing another OSC. However, in all likelihood, the court did consider the travel costs associated with your "move-away" request and factored the cost of travel in fashioning an order that satisfies the public policy of the state of California to ensure frequent and continuing contact with the children. I'd quit while I was...

Generally speaking, you can request visitation with your child even though you live out of state. You will need to file the proper motion--and since you reside out of state, you most likely will need to hire local counsel to assist you in preparing and appearing for/with you in court. You may want to request a telephonic appearance so you do not have to fly out to CA in order to litigate the case. Since you have another child, the "CA" child has an interest in having a sibling...

That's simply bananas! The good news is the law has changed and now allows children 14 and older to address the court and express their preferences. I have quoted the law below so you can remind the judge (very nicely, of course): If the child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so is not in the child's best interests. In that case, the court shall state...

I have written on this exact point and the link below will take you to the answer to your question. Also, please take a look at the Avvo Legal Guide I have published. It will walk you through what you need to do to get a TRO. Good luck.

Be very careful how you choose to proceed. If the credit card debt was incurred during the marriage, you are responsible for half of it (i.e., $15k). If the tax debt is for a year during which you were married, you are responsible for half of that too (i.e., $25k). He does not have to pay you child support for a child not born of the marriage. As to whether you would be entitled to spousal support, the probable answer is yes...but don't count on it. You were only married for a little over...