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Eric D Martinelli

Eric Martinelli’s Answers

2 total

  • My ex did not add the summer/winter vacantion on findings and order after hearing what can I do?

    In May 2012 we went to mediation and settle in mediation for summer/winter or any school breaks. We will each alternate one week until his vacation is up. This was a temporary order to make sure everyone was happy with the schedule. Of course my ...

    Eric’s Answer

    I also agree with my colleagues. I will address several additional issues. First, if you reached a written agreement at mediation, you may have a difficult time introducing statements made during the mediation process as all communications and discussions are confidential and not subject to disclosure per California Evidence Code section 1119 . However, if the terms of the mediation agreement were read on the record (assuming you discussed the terms of the winter/summer breaks), then you should order the transcript from that hearing. If the transcript reflects your agreement regarding the winter/summer breaks, you may attempt to correct the existing order by bringing a motion to vacate the present order, replacing it with the correct order. In the alternative, you may be able to file a Request for Order changing visitation. Unlike a change of custody, which requires a showing of a substantial change of circumstances, modifying visitation only requires a showing that doing so is in the child’s best interests. Best of luck.

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  • I have been married seven years, two children and I am not working. How do I start filling for divorce and what am I in title?

    From California, married since Feb. 2005. I have not worked since 2008. I have no other source of income, so how do I file for divorce? If I need a lawyers do I have to pay for it? We have been separated since 9/2012. As of now he is providing fo...

    Eric’s Answer

    Thank you for your question. The divorce process is initiated by one of the parties filing a petition for dissolution with the court. Once the petition is filed, the other party is served and they have 30 days to file their response with the court.

    In Los Angeles County, the fee to file your petition for dissolution is $435.00. If you are unemployed, you may be entitled to a fee waiver. Likewise, the response fee for the other party is also $435.00. After the petition has been filed (or concurrently), you can bring a Request For Order seeking orders from the court for your spouse to pay attorney’s fees, child support, and spousal support. Of course, how much money you are able to receive is directly dependent upon how much money your spouse earns. And with respect to child support, both income and timeshare (how much time your spouse spends with the children) are the relevant variables influencing this number. Thank you and I wish you the best.

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