Cathleen Elisabeth Norton’s Answers

Cathleen Elisabeth Norton

Beverly Hills Family Law Attorney.

Contributor Level 17
  1. Can other parent get away with not paying child support due to them not wanting to work?

    Answered about 2 years ago.

    1. Cathleen Elisabeth Norton
    2. Hillary Johns
    2 lawyer answers

    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...

    3 lawyers agreed with this answer

  2. Child custody process

    Answered about 2 years ago.

    1. Cathleen Elisabeth Norton
    2. Christy Michelle Carlisle
    3. Ophelia Genarina Bernal-Mora
    3 lawyer answers

    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 (...

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  3. What is spousal support based on? Does it have anything to do with husband's inheritance?

    Answered about 2 years ago.

    1. Michael Charles Doland
    2. Cathleen Elisabeth Norton
    3. Daniel Hernandez
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  4. My daughter turned 18 - how do I get the attached wages child support stopped? Stanislaus county, CA

    Answered about 2 years ago.

    1. Cathleen Elisabeth Norton
    2. Hillary Johns
    2 lawyer answers

    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.

    3 lawyers agreed with this answer

  5. Can another judge review my family law case?

    Answered about 2 years ago.

    1. Cathleen Elisabeth Norton
    2. Steven James Brown
    3. Rebekah Ryan Main
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  6. I live in Arkansas and my child lives in California, I want to get a lawyer for some sort of visitation, if possible?

    Answered about 2 years ago.

    1. Cathleen Elisabeth Norton
    2. Hillary Johns
    3. John Vincent Montero
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  7. POINTER ON CUSTODY BATTLE

    Answered about 2 years ago.

    1. Cathleen Elisabeth Norton
    2. Rebekah Ryan Main
    3. Stephen Paul Levine
    4. Michael John Harrington
    4 lawyer answers

    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...

    3 lawyers agreed with this answer

  8. Family law restraining order, I am not sure about the order or if the forms are correct

    Answered about 2 years ago.

    1. Cathleen Elisabeth Norton
    2. Hillary Johns
    3. Grace Rosales Ogburn
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  9. Divorce/financial advice

    Answered about 2 years ago.

    1. Michael Charles Schwerin
    2. Cathleen Elisabeth Norton
    3. Hillary Johns
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  10. If I have been married for about three Years am I requeired to pay spousal support when she is the one that wants the divorce?

    Answered about 2 years ago.

    1. Cathleen Elisabeth Norton
    2. Hillary Johns
    3. Robert Ricci
    3 lawyer answers

    California is a no-fault state so it doesn't matter if she is the one who wants the divorce. She may still be entitled to spousal support and it would be a good idea for you to speak with a family law attorney who can advise you about your legal options. Good luck.

    3 lawyers agreed with this answer

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