Laurel Tuvim Amaya's Answers

I was served in a family law case I am not a party to, what can I do?

If you are part owner of the property and the property is at issue in the court case, you have an interest in what is happening with that property and thus you would want to know what is going on. It may be that he was required by law to serve you in order to bring an issue regarding the property to the judges attention. Serving you is giving you notice that your rights may be affected and having notice is a good thing! You can go to the Family Law Facilitator at the courthouse and they can...

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How long can I postpone the court date for a divorce hearing?

It will depend on what the court date is for, if the other party will agree and what issues are pending. Many times court dates can be delayed, or "continued" is the word the court will use.

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Is it okay to get child support above the guideline if my ex husband wants to give it to me and is signing the judgment?

You and the other parent can agree to a child support amount which is higher or lower than the guideline amount. This is one of the benefits of being able to reach agreements between yourselves instead of going to court. The courts will accept the agreement you have decided between yourselves. Your agreement will require language that makes clear it is a non-guideline amount. When you agree to a non-guideline amount, either party can seek to obtain a guideline amount at any time without...

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Can creditors pursue assets if divorce settlement separates debt liability?

When a couple divorces, the divorce judgment can only make orders for the couple and cannot bind third parties, such as creditors and lenders, because they are not part of the divorce. When a couple is divorcing and one is taking a debt that both are obligated on, it is important to also come to an agreement on what would happen if the person who agrees to take the debt, ultimately is not able to pay. Often when one takes property such as a house, they refinance the debt so that it is solely...

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Am I being impatient with my divorce process?

It looks like your attorney is trying to take the default of your ex and have a hearing to get a judgment entered via default. It looks like the hearing request was received by the court on 4/16 and then a hearing date will be sent. The courts are very backed up and, depending on the type of court hearing, can take weeks or even months to get a date. Your attorney should be responding to you and explain. Does the other party work and have funds to pay support? Did you discuss with your...

What percentage of monthly commissions (variable from $0/mo - $12k/mo) is appropriate or common in child and spousal support?

Child support is based on all sources of income. A court can average the prior commissions or set a percentage based on what the support is on the base salary. You would want to propose to the court what you think the best way to fairly deal with your commissions so that timely and reasonable support is paid based on the base and the commissions.

My daughters mother tells me that she took my rights but I haven't seen any paper work or signed is this true?

It is very unlikely your rights were terminated unless a petition was filed based on abandonment in order for a new spouse to adopt the child via a stepparent adoption. The policy of the law is not to terminate a parent's rights unless there is a new person to step in as the child's legal parent-- hence the stepparent adoption. You should document your request to her for any orders she has obtained from the court. If she did obtain any orders and you did not get proper notice, you can seek to...

Would a mediator recommend I not introduce my child to my fiance immediately, if the parent with physical custody has done so?

Mediators generally do not advise either parent but they can give information on guidelines and expectations in the familiy law realm. Was there some other additional information that went into this being communicated to you? Family law professionals, judges especially, do not subscribe to a philosophy that if one parent did something, it is okay or expected that the other parent will do it? Sometimes it may seem to a parent that they should be entitled to do something especially if the...

I have a two year old daughter that I share custody with and am finalizing a divorce. I live approximately 15 minutes away

Having an ongoing and frequent contact with both parents is the best thing for children when their parents are not living together, unless there is abuse, which you have not rasied here. If there is abuse or restraining orders, then those facts would be necessary to comment. If you have a concern, why not have a short session with a mediator or co-parenting coach (usually a marriage and family therapist or other counseling professional who is familiar with divorce and co-parenting issues)?...