Mark Brian Baer’s Answers

Mark Brian Baer

Pasadena Family Law Attorney.

Contributor Level 14
  1. How long of a father not being part of childs life before court restricts visits?

    Answered over 4 years ago.

    1. Mark Brian Baer
    1 lawyer answer

    I am sorry to hear about the fact that the father has not really seen his son or paid child support for him. However, you must understand that the court cannot make custody and visitation orders based on his non-payment of child support. Custody/visitation and child support are separate matters, even though the support is based in part on the percentage of timeshare each parent has with the child. If you have a child support order in place, the father owes back support with 10% interest...

    2 people marked this answer as helpful

  2. Settlements and back child support

    Answered over 4 years ago.

    1. Mark Brian Baer
    1 lawyer answer

    I think you have a misunderstanding of the back child support. I assume he has child support arrearages because he did not pay you court ordered child support. If so, the money that he owes is owed to you and not the children. 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...

    1 lawyer agreed with this answer

  3. Can a parent take a child out of state on vacation without informing the other parent?

    Answered over 4 years ago.

    1. Mark Brian Baer
    2. Cristin Michelle Lowe
    3. Steven Alan Fink
    3 lawyer answers

    From your question, I must assume that there are orders already in place on this case. If so, the parents must look at the order to answer that question. If the order states that a parent cannot leave the state without advance written consent of the other parent, then the answer is NO. If the order does not say any such thing and the trip is not interfering with the other parent's custodial time and is not removing the child from school or other activities for that trip, then the answer is -...

    1 lawyer agreed with this answer

  4. Having alimony taken away completey.

    Answered over 4 years ago.

    1. Mark Brian Baer
    2. Cristin Michelle Lowe
    3. Michael Douglas Shafer
    3 lawyer answers

    I am not sure what the Judgment states in your husband's particular case. However, it would typically state that the support continues until his death, her death, her remarriage or further order of court, whichever first occurs. If his and/or her financial circumstances have changed AND if the Judgment provides that it may be modified by further order of the court, I would strongly suggest that your husband confer with an attorney on that issue. If your husband's attorney files for a...

    1 lawyer agreed with this answer

  5. My son is turning 18 . He is still a high school studen. Am I obligated to continue paying for child support after age18?In CA

    Answered over 4 years ago.

    1. Mark Brian Baer
    2. Steven Alan Fink
    2 lawyer answers

    Yes, if he is still in high school. If you look at your court order, you will see that the support continues until your son is 18 AND graduates from high school OR 19, whichever first occurs. 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...

    2 people marked this answer as helpful

  6. According to our divorce paper my ex wife should not use my last name anymore but she is still using it what should i do?

    Answered over 4 years ago.

    1. Mark Brian Baer
    2. Richard Forrest Gould-Saltman
    3. Andrew Daniel Myers
    3 lawyer answers

    Nothing. It was she who would have requested that her last name be changed. If she wants to continue using your last name (a name which she was known by the entire time of her marriage to you), there is really nothing you can do about it. In fact, if she wanted to file a Petition for Change of Name, she could legally change it back to your last name or any other name (within reason). The fact that she uses your last name should not impact you in any way, except maybe that it bothers...

    1 lawyer agreed with this answer

  7. Where do you find the laws to build your appeal on for family court?

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    2. Richard Forrest Gould-Saltman
    3. Mark Brian Baer
    3 lawyer answers

    I would STRONGLY recommend that your daughter find an appellate attorney who specifically handles family law appeals. This is a subspecialty within a subspecialty. FYI, such attorneys in Los Angeles run about $700.00 per hour. I do not know the cost in of such counsel in the Stockton area. This is by no means something that should be done without competent counsel. Furthermore, a family law attorney who handles some appellate matters would not be your best choice as counsel for such things....

    1 lawyer agreed with this answer

  8. Can minor children be members of an LLC? If so, how should title be held?

    Answered over 4 years ago.

    1. Dana Howard Shultz
    2. Mark Brian Baer
    3. Andrew Daniel Myers
    3 lawyer answers

    I agree with the prior answer. Minor children lack legal capacity by virtue of the fact that they are minor children to own property in their name and to enter into legal contracts. In fact, if a minor child was the beneficiary of a life insurance policy, parcel of real property or an interest in an LLC, a person would have to petition the court to be appointed the guardian of the child to control those assets (under court supervision) until the child turned 18. The response given is not...

    2 people marked this answer as helpful

  9. I am the respondent in divorce that has gone to default how do I contest so I have a say in the hearing, Without a lawyer?

    Answered over 4 years ago.

    1. Mark Brian Baer
    2. Cristin Michelle Lowe
    3. Richard Forrest Gould-Saltman
    3 lawyer answers

    If there is a default entered, you have no say at the default prove-up trial. However, you may want to try and set-aside the default. Relief from Defaults A default judgment is obtained by the plaintiff when the defendant does not file a response to the Summons and Complaint, or does not appear at the hearing. Defaults may be set aside or vacated by the court at the request of the defendant. California law provides specific grounds on which a defendant may base a motion for relief from a...

    2 people marked this answer as helpful

  10. Recourse where ex-spouse falsified claimed income for purposes of paying family support and loan modification?

    Answered over 4 years ago.

    1. Mark Brian Baer
    1 lawyer answer

    If your ex-husband has a loan document out there with stated income, that document could be called upon to establish his income and thus set a child support payment amount. However, your question mentions that your ex-husband has an employer. Therefore, your ex-husband was not self employed unless is is somehow a 1099 employee (independent contractor). I am not sure that he is such an employee because the support was being taken out of his wage initially. Therefore, I do not believe that...

    2 people marked this answer as helpful