Sondra Ellyn Bennaeim’s Answers

Sondra Ellyn Bennaeim

Cypress Mediation Attorney.

Contributor Level 12
  1. What is the procedure for getting modifications for child support?

    Answered over 5 years ago.

    1. Sondra Ellyn Bennaeim
    2. Richard Forrest Gould-Saltman
    3. Ronald Anthony Sarno
    3 lawyer answers

    As the above answer indicates, you cannot have shared legal custody and primary custody (I am not sure what you are referring to as primary) unless you have a court order. On the same account, unless there is a court order ordering you to pay a specific amount of support, there is no legal obligation to do so until such an order is put in place. You also do not indicate how much income each of you receive monthly from work, etc. You also do not mention whether or not you were married to the...

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  2. What personal choice rights does an adult have, who suffered some memory loss due to brain injury/coma, and lives with parents?

    Answered over 5 years ago.

    1. Sondra Ellyn Bennaeim
    2. Edgardo Rafael Baez
    3. Alan James Brinkmeier
    3 lawyer answers

    You do not indicate whether or not the mother has legal guardianship of this person. His rights would depend on whether she has a legal right to make decisions for him or not.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. My wife died 2 weeks ago unexpectedly. we have been living separated for a while but still friends. How do i get a divorce?

    Answered over 5 years ago.

    1. Joseph Briscoe Dane
    2. Sondra Ellyn Bennaeim
    3. Norman Gregory Fernandez
    4. Ryan Patrick McClure
    4 lawyer answers

    If your wife died you do not need a divorce, as the marriage ended upon her death.

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  4. I have 100% legal & physical custody. the father has visitation. what steps do I need to take in order to change the visitation?

    Answered 5 months ago.

    1. Shumika Tyrelle Robinson Sookdeo
    2. Sondra Ellyn Bennaeim
    2 lawyer answers

    You may request the court modify the visitation order asking for monitored visitation if you feel that would be in the best interest of your children. The self-help section of your local court should be able to help you fill out the paperwork.

    2 lawyers agreed with this answer

  5. After annulment of the marriage, do i have to put "never married" or "divorced"in the appplication for marriage license

    Answered over 5 years ago.

    1. Sondra Ellyn Bennaeim
    2. John M. Kaman
    3. Alan James Brinkmeier
    3 lawyer answers

    If your marriage was annulled, it is as if it never happened. So you would not put divorced on the paperwork.

    4 people marked this answer as helpful

  6. What is the difference between a legal separation and a divorce in California

    Answered over 5 years ago.

    1. Alan Roel Rothstein
    2. Judith Ann Routledge
    3. Dianna Gould-Saltman
    4. Marshall William Waller
    5. Sondra Ellyn Bennaeim
    6. ···
    6 lawyer answers

    Many people choose a legal separation over divorce for religious reasons. Property division, custody and support issues can be addressed in both a legal separation and a divorce. At the conclusion of a divorce you are free to remarry whereas at the end of a legal separation you may not.

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  7. If I owe back child support and I sign over my kids to my ex, will I still owe back child support if she drops the child support

    Answered 5 months ago.

    1. Leticia L Valdes
    2. John Noah Kitta
    3. Sondra Ellyn Bennaeim
    3 lawyer answers

    You still owe the back child support. It is unclear whether you are signing your rights away so that another person will be adopting the child or not. The only way future child support can be terminated is if your child is adopted by another person. If this happens you will have no obligation to support that child. However, you will have no rights to be in the child's life either.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Am I still entitled to anything?

    Answered about 5 years ago.

    1. Sondra Ellyn Bennaeim
    1 lawyer answer

    California does not recognize common-law marriages. Unless there is some written agreement stating that you would receive a portion of the house if the two of you split you are most likely not entitled to any portion of the house. You did not mention whether your ex is paying child support on his own or through the courts. If he is paying it on his own, I would suggest you get a court order stating he is obligated to pay this money. As far as the house goes, you should look into a living "trust"...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Does a California Interspousal Transfer Deed remove one spouses name off the mortgage?

    Answered about 5 years ago.

    1. Richard Forrest Gould-Saltman
    2. Sondra Ellyn Bennaeim
    2 lawyer answers

    The answer is no. The Deed effects how the title to the property is held, it does not effect the financial obligation of the conveying party.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Summary dissolution status question

    Answered over 5 years ago.

    1. Sondra Ellyn Bennaeim
    1 lawyer answer

    It looks like they may be referring to "proof of service." Who filed the paperwork? Was all the paperwork served on the other party? Check with the court clerk to see if this is what is holding up your paperwork.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful