Barton Michael Pokras's Answers

What can i do if my ex-wife has violated the court order for visitation?

The best thing to do is to try and resolve this without involving your children in the conflict if possible. I highly recommend that you visit the website www.uptoparents.com . If your wife doesn't answer her phone, try to find some other, non-obtrusive way to get in touch with her, such as writing a letter. In the event that your wife is purposefully preventing you from seeing your children according to the court order, -- this is a serious matter that should be brought to the attention of...

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Will the divorce be dismissed?

Your divorce will not be "finalized" without either you or your wife taking the necessary steps to do so. If you move out of state and abandon all efforts to finalize your divorce, your wife can still proceed without you, and obtain a judgment of dissolution. You may be jeopardizing your legal rights by moving to another country in the middle of your divorce proceedings. You should keep the court informed as to your current address so that you will receive notice of the actions and papers...

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Is it possible to get a legal separation in CA and remain living together, due to financial hardship?

In California you can obtain a Judgment of Legal Separation regardless of whether you are still living together. It is also possible to agree that neither of you is obligated to pay spousal support to the other, and this can be part of the Judgment of Legal Separation. The question of whether you could be held responsible if your husband incurs further debt after separation is difficult to answer without referring to a specific set of facts. For example, if you continue living together you...

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How do I finalize a divorce that was not contested to begin with?

It appears that your husband filed the petition and that you probably filed a response. Even though you didn't file the petition, initially requesting the divorce, you are still able to take the steps to finalize your divorce. In California, you are required to file a Preliminary and a Final Declaration of Disclosure, unless your spouse signs a written waiver for the filing of the Final Declaration of Disclosure. The Disclosure documents consist of an Income and Expense Declaration, an Assets...

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Can I file a child custody and child support modification?

In general, the courts require a change in circumstances before they will modify an existing custody order. Some courts are more stringent in their interpretation of what a "change in circumstances" actually is. In your case, the fact that the father is not complying with the existing orders would most likely be viewed as a change in circumstances such that the court would examine the facts of your case to see whether it was appropriate to change the existing order or not. If I understand the...

Convicted felon sleeping with wife (we're separated)....concern for my kids.......

If you believe that your children are in danger, you can petition the court requesting that appropriate measures be taken to protect your children. You didn't state whether the convicted felon was now living with your wife and children, or even whether your children had any contact with the convicted felon. Assuming that the convicted felon was now living with your wife and children, the mere fact that he was a convicted felon without showing how this would endanger your children is...

I married in Monterey county but now live in Fresno, he followed do i need to file for divorce in Montrey or can i file in Frsn

Family Law Code Section 2320 provides: A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition. If either one of you has been living in Fresno for three months before you file the petition, then you can file the petition for divorce (dissolution of marriage) in Fresno. If neither of you has...

How many years factor into alimony calcs. And do they factor in jobs with higher degrees of uncertainty?

The factors determining the amount due for alimony are set forth in California Family Code § 4320. The fact that your industry is volatile, causing a wide variation in the amount of money you earn is certainly a factor because the amount of support is based in part upon your ability to pay it. (FC § 4320 (c). "The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living."...

Who pays child support the legal father(in the eyes of the court) or the presumed father if both court ordered visitation?

California Family Code § 3900 provides that the father and mother of a child have an equal responsibility to support their child ..." Your question raises the issue of whether the biological father or the presumed father, or both, should be considered to be the father under this code section. Where a man is not the biological father of a child he is generally not under an obligation to support the child except by the doctrine of "parentage by estoppel," which has two requirements: 1) That a...

I filed for divorce in solono county the city of fairfield several years ago, i moved to Or.How do i refile and succeed ?

The first thing you should do is to check with the court in Solano County, California to see whether your initial action is still pending, or whether it has been dismissed (for lack of prosecution.) If it has been dismissed, then you can file for divorce in either Oregon or California. If you live in Oregon, that would be easiest for you. If it is still pending, then you also need to check to see if he has been served or he has filed a response. In this case, California has jurisdiction...