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Mark Brian Baer

Mark Baer’s Answers

539 total


  • I'm divorced since 8/08 and my ex still has'nt filed the quadro yet. My lawyer cdid not put a time limit and has since withdraw

    I don't understand how he can get away with this and my lawyer didn't fully protect my rights? What recourse do you suggest? I can't really afford to pay another attorney and I know he is trying to get back at me for the divorce. Should I just fi...

    Mark’s Answer

    You are still protected if the pension was joined in the divorce or if form FL-348 (Pension Benefits - Attachment to Judgment) was filed with the Judgment and served on the pension. If neither of these things occurred, I would suggest that you purse the matter because if your ex retires or dies before you do so, you way find that you have little, if any recourse.

    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 want my abusive husband to leave the house, how can I get him out of the house w/o the police?

    I want my abusive husband out the house but don't want the police involved because he has threatened me. How can I get him to leave?

    Mark’s Answer

    You can file a domestic violence restraining order against him in the family law court.

    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 owe $63,000 in child support/arrears, can I get remarriage without involving my new spouse?

    I owe $63,000 in child support. I want to get remarry and start a new life with my boyfriend. I'm afraid that because I owe so much in child support, that they will come after my new husband, once I am married to him. Can the state/child suppor...

    Mark’s Answer

    The child support arrearages are your separate property debt, Furthermore, you spouse is not responsible for your child support obligations. However, in the absence of a pre-marital agreement, once married, you and your spouse will create community property and they can technically go after your half of the community property.

    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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  • Child Visitation Order

    When I filed for divorce from my ex wife, I requested every other weekend from Fridays through Sunday as visitation. When she responded she requested visitation to run from Thursday through sunday every weekend. During the OSC hearing, the commiss...

    Mark’s Answer

    Now that your ex is not in school on Saturdays, she could actually receive more time if this matter goes back to court. Therefore, I would suggest that you attempt to resolve this issue without court intervention. If you want her to agree to an exchange later on Saturday mornings, I would suggest that you also increase her time in the evening to the same extent. Since the children will not have breakfast with her, they should have dinner with her instead. Furthermore, if you go to court on this issue, the commissioner will tell you that the children are not parties to the terms of the order even though it applies to them and that you have an obligation to get them to the custody exchange on time.

    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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  • If a will says those who contest get nothing, does that refer to a trust set up in the will also?

    A trust account was set up for my mother with 2 appointed trustee's she must ask them for any money needed. Can she get all of her money like everyone else in the will or does she have to keep this trust account with these trustee's?

    Mark’s Answer

    At the urging of the California Bar Association, the State of California has removed all No Contest Clauses, effective 1/1/2010. Therefore, any such clauses are deemed invalid.

    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 be compensated for attorney fees during a divorce?

    I am a victim of DV. My husband abused both me and my son. I am wondering if he would be responsible for all attorney fees? Or can he be responsbile for attorney fees for making issues go back and forth changing his mind repeatedly?

    Mark’s Answer

    Unless you obtain a court order that he pay attorneys fees as a sanction, orders regarding attorneys fees contributions are considered additional spousal support. Furthermore, such orders are entirely within the discretion of the judicial officer (the history of domestic violence is a factor that will be considered). There is no guarantee that you will receive such a contribution and if you do, how much. Nevertheless, you cannot receive what you do not request.

    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 as the non custodial parent claim my son on my taxes?

    I have recently submitted an Order to Show cause for visitation. But in the paper work (FL300, FL310, FL311) it asked if I had any other requests.... I put that I am requesting to claim my son every other year on my taxes. He is 7 yrs old, the mot...

    Mark’s Answer

    The parent with primary custody gets to claim the child as a dependent on their taxes, unless the dependency deduction is released to the non-custodial parent. Such a release will also impact child support computations. If you receive the deduction, you will pay more child support to the other parent.

    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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  • Moving visitation from CA to AZ for me as the noncustodial parent.

    I moved from CA 5 yrs ago, the mother and I had a written agreement between us that I would no longer have my son on my recorded visitation, but when I came to CA I would give her a notice. The fist yr I visited every other weekend. 2nd yr 4 times...

    Mark’s Answer

    Anything is possible, except I have the following concerns:

    1. Children do not understand why a parent fails to see them as frequently as they would hope. Therefore, the fact that you have only seen your child one (1) weekend a year for the past two (2) years, I suspect that your relationship with your child has become more distant (emotionally) and that your child feels abandoned, neglected, etc.
    2. When you began your job in 2008 that required you to work on weekends, you should have filed for a modification at that time -- before #1 above occurred.
    3. At this point in time, considering the frequency of your visitation over the past few years and it's impact on your relationship (most definitely), I seriously doubt you will obtain the extended visitation you are seeking. In fact, I think that if you went to court on your motion and the mother contests it, you may find that your visitation will be changed in such a way that you find yourself in conjoint counseling with your child in order to improve the feelings the child must have regarding abandonment, etc.

    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 ask for temporary custody of my children at mediation.

    Two of my children have been living with me for the past 5yrs. I have had to recently take my 3rd child from the mother due to neglect. We were never married and there isn't any custody order already in place. I am currently waiting for mediation....

    Mark’s Answer

    You can ask for anything you want while in mediation. However, note that mediation by definition means that you and your ex reach an agreement. Therefore, if your ex will not agree to such terms, you will not get what you requested.

    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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  • Requests during court hearing

    When I go into court I want some type of reembursement for spouse selling my work equipment. It is my motions that we are in for. Basically to retrieve my equipment that I have recently found that has been sold by spouse. I have asked this variati...

    Mark’s Answer

    The quick answer is that you cannot request something at the hearing that was not already requested in your moving papers -- at least if you expect to have such a request granted.

    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.

    See question