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Mark Brian Baer
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Mark Baer’s Answers

539 total


  • Do I have to pay dental bills for my ex wives children's dental bills?

    My ex wife had two children that were covered on my dental coverage she decided she would take them to the dentist before they were 18 and ran up a bill which she never paid.I am now being pulled into court by the dentist to pay this bill. I have ...

    Mark’s Answer

    You can reopen your divorce case and ask that she reimburse you for such expenses, if you are required to pay them. However, you were not the children's father. You may have covered them on your dental insurance, but that does not obligate you to pay for any uninsured dental expenses. I am not so sure the dentist will prevail against you.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • I filed divorce papers for my son who is currently incarcerated. He wants me to find out if the divorce has been finalized.

    Can I find out if my son's divorce has been finalized. He is incarcerated at this time.

    Mark’s Answer

    If all you did was file a Petition for Dissolution of Marriage and nothing more, I can guarantee that he is not divorced. In any event, you can check the court records online to see what has occurred in the case. The link is as follows:

    http://banweb.co.fresno.ca.us/cprodsnp/ck_public_qry_main.cp_main_idx

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • How many attorney's do you think are familiar with the Hauge treaty? In regard to child abduction?

    Would an attorney be considered lucky to get a Hauge case dropped in his lap? And how come more people aren't told about this?

    Mark’s Answer

    Family law issues involving the Hague Treaty are rare in comparison with all other issues under the family law umbrella. Therefore, it is a subspecialty within the family law field and one would be prudent to retain an attorney who specializes in such cases. It is not something that should be dabbled in and if such a case came into my office, I would not consider myself lucky because I would refer it out to a specialist. However, I would consider the client to have been lucky enough to have consulted with an attorney who knew when to refer things out to other attorneys and which attorneys are well versed in such matters.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Will I be granted temporary custody of my son if the father is verbal harrassing me and trying to alienate affection of my son?

    My son is five and I have joint physical and joint legal custody of my son with his father. His father never takes him on designated weekends only when he wants him.He verbally abuses me and does it in front of my son. He is now trying to alienate...

    Mark’s Answer

    The good new is that you did not mention that your son's father has succeeded in his efforts to alienate your son from you.

    I think that what will most likely occur is that custody/visitation will be modified to reflect more accurately the amount of time the father has with you son. I do not think that you should commence therapy for your son unless and until his father agrees or the court orders such therapy. You have joint legal custody and will be in violation of those orders if you do so on your own. If I were you, I would request that the court order such therapy. I also think that you should request that the court order both of you to attend co-parenting classes and that the father be ordered to individual therapy. As far as an order that you have sole custody - I seriously doubt you will obtain such a remedy and I do not believe that such a remedy is in the child's best interest.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Family Law Question: Custodial parent lying.

    Hello, My husbands ex took him to court 2 years ago and lied about her job and about the amount of time he spends with his son as a result the child support went up. Now she has filed again asking for more money. She is lying about the amount of...

    Mark’s Answer

    I was certainly not at the last court hearing and have not seen the pleadings that were filed by or on behalf of your husband. However, if he failed to file responsive pleadings and just showed up at the hearing to defend himself, the court was correct in refusing to hear his position. If he did file a response to her motion, I do not know what type of response he gave and what information he provided to the court. Please understand that a court does not need to take testimony at a hearing on a motion and therefore what is submitted in writing is VERY important.

    Child support is based upon your husband's gross income, his ex wife's gross income and the percentage of time each parent has with the child. Child support is supposed to be based upon the time share set forth in the most recent court orders. If his ex wife wanted the court to use a different time share, she should have filed for a modification of custody/visitation in order for the court's order to accurately reflect the current situation. I am understanding that she has not done that and therefore, I believe that a good argument could be made that he allegations in the child support issue regarding the amount of time he spends with his son are irrelevant.

    The other issue is related to the braces. I understand that your husband and his ex have joint legal custody. Therefore, they should both be involved in the decision relating to the braces. He is responsible for one-half of the expense, but has equal say as to whether or not braces are necessary and which orthodontist to use.

    It seems to me that many of the problems your husband is experiencing is the result of being defensive and not pro-active. It sounds as if he should have been filing motions over the years to stop her from certain types of behavior and he failed to do this. As a result, she believes that she can get away with anything. It is time for him to take an aggressive position against her. I have seen this occur many times over the years. Once she is put in her place because he demonstrates (1) that he will not just go along with everything she wants by doing nothing to stop her; and (2) prevails in court, she may stop behaving this way.

    Your husband should consult a well qualified family law attorney and retain one to represent him in this and other matters relating to his ex wife.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Served papers for a modification of visitations how long do I have...

    ...until I need to respond? If I don't respond does he get everything he asked for in his paper work?

    Mark’s Answer

    I agree with the previous answer given. If you do not respond, you will not be permitted to speak at the hearing and you will be deemed to have agreed to the requests make in the moving papers.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • In regards to a child support order, does the non-covered medical expenses include cosmetic braises?

    My husbands ex wife wants my husband to pay 1/2 the expenses for their daughter's braises, but we can not afford it. The braises are not medically necessary.

    Mark’s Answer

    Under California law, both parents are also required to share a child’s uninsured health care expenses (out-of-pocket or unreimbursed expenses such as co-payments) equally. This means that if a child has orthodontia (braces) and the uninsured cost will be $1000.00, each parent will be required to pay $500.00.

    If your husband has joint legal custody, the parents need to agree on such issues. I would make sure that your husband document his position and make sure he has proof that it was received by the mother -- email for example. If the mother incurs the debt without your husband's consent or court order, he should not be responsible for any portion of those expenses.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Forced to sign away the deed of the house

    I have a friend who was forced by her husband to take her name off the deed to their house. With his arrangement, notary was present that very moment and done on the spot in their house. Does she still have 50% rights to the house if they get a ...

    Mark’s Answer

    Under the current case law, the property would be presumed to be his separate property. The wife would have to prove by "clear and convincing evidence" that it is community property. Spouses owe each other a fiduciary duty. Therefore, if she can establish that her husband exercised duress or undue influence, it will help her to satisfy her burden of proof.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Can i file for devorce and custody of my child if i reside in another state than married in?

    the father of my child lives in ca where i was married and where the father still resides. I moved here to Vegas a year ago and barly talk to his father

    Mark’s Answer

    I am assuming from your question that the child lives with you in Vegas.

    If you satisfy the residency requirement in Nevada, you can filed for Dissolution of Marriage in that state and address the custody and visitation issues because the child lives there. That would be the proper state to deal with custody and visitation issues if the child resides in that state.

    However, the Nevada court would have no jurisdiction over your husband with regard to financial matters. Therefore, it will be unable to make orders against him for division of property, spousal support or child support.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Male statutory raped at 14 women gets pregnant. Should he have to pay child support or insurance?

    He is now 27. He has been paying child support his molester is now asking for medical coverage from him

    Mark’s Answer

    Health insurance must be included in any child support order. Even if it isn’t available immediately, the court order will order the noncustodial parent to provide insurance when it does become available. This applies to all cases.

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