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Barbara Kay Hammers
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Barbara Hammers’s Answers

23 total

  • I filed for divorce on my own - husband didn't respond, I entered a request for default. The 6 month mark is in a few days.

    The last activity shown online on the case was when I entered the request for default. I did everything in the self-help center on my own and he has not hired a lawyer. The 6 month mark (from when he was served) is coming up in a few days. Will we...

    Barbara’s Answer

    There is more paperwork to file to get your divorce done. You need to make sure you submit property declarations, a declaration regarding service of the preliminary declaration of disclosure, a declaration re default, a proposed judgment and a notice of entry of judgment. There may be other paper work to submit depending on the issues in your case. You can find more help by going to our http://www.hammersbaltazar.com/practice_self-representing-support.htm lpage on our website at www.hammersbaltazar.com.

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  • I FILLED OUT THE PARENTAGE FORMS AND RECIEVE RESPONSE ITS NOT STAMP AND THERE IS NO TRIAL DATE. HOW WOULD I GO ABOUT NEXT STEPS

    WHAT FORMS CAN I FILL OUT AND BRING TO THE COURTS HE IS SAYING HE IS NOT THE FATHER AND THE BABY IS TO BE BORN IN 2 WEEKS I NEED HELP WITH THE CIRCUMSISION AND NEBORN ITEMS IS THERE ANYWAY I CAN HURRY THE PROCESS

    Barbara’s Answer

    You need to request assistance from the court for genetic testing. You may be able to get a faster court date by filling out the request for expedited child support. If you need help with paperwork, you can check out www.hammersbaltazar.com/practice_self-represented-litigants if you want to be able to do this yourself.

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  • I had a restraining order from my wife and she's filling for full custody of the child, im not the biological father

    i was on the birth certificate and i've been providing for them ever since the child was born... the lawyer that i got told me to just let her go but it also means that i have to let go of my son too, when the lawyer explained why i should just le...

    Barbara’s Answer

    I would agree that it is difficult to contradict the advice of an attorney who is more familiar with the case, and your facts are somewhat gray. You don't say how old your child is and whether you and your wife were living together when he was conceived or born. The reason this may be important is that there is a conclusive presumption under Family Code Section 7540 that a man is the natural father of a child if the mother of the child is living with the husband, and he is is not impotent or sterile. The only way this can be challenged is if the husband or the wife files a motion prior to the child's 2nd birthday for blood tests. The wife must have a sworn affidavit from the biological father of the child attesting to the fact that he is the biological father. Therefore, if neither of you filed a motion prior to the child's 2nd birthday, the presumption that you are the natural father of your wife's child can't be challenged.
    The question as to whether you should just let it go is a personal one that only you can answer.
    For more information on paternity go to http://www.hammersbaltazar.com/practice_paternity.html

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  • Judge signed order denying restraining order, opposing counsel filed a 2nd R/O application under same case #. Is this valid?

    I had and Ex G/F file a bogus ex-parte TRO. At hearing R/O was denied. My atty sent opposing counsel a proposed order. Opposing counsel responded he was refusing to sign. My atty filed order after ten days and judge signed order. Opposing counsel ...

    Barbara’s Answer

    At the time of the hearing the originalTRO was denied. That is the end of the story. You might try a motion under California Code of Civil Procedure 128.7 which can result in sanctions against the opposing counsel and his client if they don't withdraw the pleading. You will most likely need an attorney to assist you with this motion. For more information or assistance with paperwork for this matter, go to www.hammersbaltazar.com

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  • Is accrued sick time a community property asset in family court?

    If a husband receives a workers comp judgment that reinstates 1000 hours of sick time, is this sick time community property if the reinstated sick time was originally accrued during the marriage?

    Barbara’s Answer

    There are certainly more questions to be answered regarding your particular circumstances. However, generally speaking, if the right to the benefit was accrued during the marriage (defined as between the date of marriage to the date of separation in California), it is a community asset and subject to division by the courts. You at least have a good argument that this asset was undivided at the time of your divorce, or, if your divorce is not final, that it is a community asset that should be divided.

    www.hammersbaltazar.com

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  • FILEING FINDING AND ORDER AFTER HEARING AFTER THE DATE THE JUDGE TELL YOU IS YOUR JUDGEMENT STILL GRANTED

    I HAD A DIVORCE JUDGEMENT REQUEST SET ASIDE IN ITS ENTIRETY GRANTED BUT DID NOT DO ORDER AFTER HEARING THE DATE THE JUDGE SAID IS MY JUDGEMENT STILL GRANTED .THE RESPONSE FILED WAS SIGNED BY THE JUDGE IS THAT STILL BINDING

    Barbara’s Answer

    The short answer is yes. Although you did not follow the judge's instructions to file the order after hearing, it still needs to be done. The reason for this is that when a judge orders a formal order to be prepared, the ruling is technically able to be changed by the judge and is not a final order until the written judgment is submitted and signed. This is important for many reasons including the time frame that begins running for the purpose of an appeal. The Judicial Council has forms available for free online at courts.ca.gov that will help you complete the order after hearing and the courts also have a family law self help center that may be of assistance to you.

    Www.hammersbaltazar.com

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  • What are her options?

    ok i have a friend whos pregnant, shes 17 and having twins. Her parents are making her get an abortion but she doesnt want too, she already ran from the hospital. Now they're telling her they are going to take her to India but she doesnt want to g...

    Barbara’s Answer

    The courts in California have a policy of their paramount concern being the best interest of the child. Being forced to have an abortion might be considered by the court as child abuse. If so, your friend may be able to prevail in securing a temporary restraining order prohibiting her parents from forcing her to allow what may amount to a battery (an unwanted touching), by the doctor performing the pregnancy termination.

    The court could then appoint Minor's Counsel, an attorney who would represent her interest. Currently in California, your friend has a right to let a judge know her feelings because of her age. A court would likely give great weight to her preference and may very well protect her from her parents. It may even involve the child protective services who could remove her from her parents home.

    She is old enough under the Domestic Violence Protection Act in the California Family Code to seek a restraining order on her own. The local court may have a Domestic Violence Help Center to assist her in obtaining the initial order, but she will probably need an attorney to represent her at the hearing. If she is successful in obtaining the initial order, he parents will be restrained from taking her back to India until the court decides her case.

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  • What am I supposed to do about papers filed three months ago of which I knew nothing?

    I have recently been served filed Summons and Petition-Marriage papers. Included in all papers I received were a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act filed three months ago as well as a Family Law Notice Re Rela...

    Barbara’s Answer

    It doesn't matter when it was filed, only when it was served. You have 30 days from the time it was served to file a Response. If you don't file a Response, the other side will be able to seek a default judgment against you.

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  • SSDI Auxiliary benefits

    I am the custodial parent of a beautiful baby boy and he receives auxiliary SSDI benefits from my work record. How does this affect child support? I've gotten many different answers. One said that it will off-set the NCP's CS obligation, and an...

    Barbara’s Answer

    Family Code Section 4504 states that it will only off-set the dollar for dollar payment from federal benefits the NON-CUSTODIAL parent receives from their own benefits. If you have custody and the benefits are from YOUR benefits, it will not off-set the non-custodial parent's obligation to pay support.

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  • Do I still have to pay child support if I can get my son on SSI disability?

    I have a 12yr. old son with autism. His dad put the both of them on county aid. As a result from that, I am now ordered to pay child support. If I can get my boy on SSI disability for children, would I still be required to pay child support? Am I...

    Barbara’s Answer

    If the disability payments are being received from the Federal Government (social security disability, VA benefits, etc.) because of the non-custodial parent's disability, they are deducted from the non-custodial parent's support obligation. However, it appears that your child and his father are receiving support from the State. In that case, the State requires you to pay support in order to reimburse the State for the benefits.

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