Matthew Adam Breddan's Answers

Divorce

If the dissolution was "finalized" and a judgment was entered, this issue would have been addressed. Alot would depend on the verbiage in the judgment.

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CHILD SUPPORT AND ALIMONY

If you are living with your girlfriend after the child is born, and, therefore, are supporting both her and the new child, there would be no "child support" per se. You are already taking care of the child's needs. Child support would come into play if you and your girlfriend stopped living together and the time you spend with the child, as well as a host of other factors.

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In a divorce if the couple owns property abroad can a court in a US state where the divorce is filled award/settle the issue ?

If the requirements are met for California to exercise jurisdiction over the dissolution, the answer is, in a nutshell, yes. The court would then have the ability to adjudicate the issue of entitlement to community or quasi community property where ever that property is located. The issue of whether the Romanian authorities would honor that judgment is another issue entirely, but if the court here makes orders, it can enforce them against the other party, to the extent necessary. I would...

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Contempt of court for non payment of child support

Your question raises two points: ONE: Can you file contempt? TWO: Should you? To answer the first question, yes, you technically can file contempt if all of the prerequisites are met. The second question, however, is more critical. From a practical perspective, family law contempt actions are very technical and intricate. A great number of family law attorneys do not even do them, and if necessary, they "farm them out" to others who are far more comfortable with those actions. Another...

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How do i request an investigation into my family law case if i suspect colusion between the judge and minor's attorney

More information would be needed. In California, if you feel you have grounds to have the judge removed from your case, you can file papers with the Court and have a hearing. If you can demonstrate prejudice or bias, you can then have the matter reassigned to a new judicial officer. It is very fact dependent and is not an easy task to undertake. There are significant "downsides" as well... IF your motion is denied, you are now "stuck" with the judge you just tried to remove. I would...

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Non practicing lawyer

You have only stated "going through a divorce". If the father's name appears on the pleadings, assuming a petition was filed, he is not the "unofficial attorney". He is THE attorney. As far as giving legal advice is concerned, whether he is practicing or not, he can tell his son what he thinks should be done. If you feel that there is something inappropriate, your best recourse would be to either retain counsel or advise the court of the perceived improprieties.

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If I am giving up my rights to my child how does it work paying off my back support? Do I still have to pay it?

It would depend on whether the back support is being paid to your ex spouse or Child Support Services. If your former spouse wants her current husband to adopt your child, she may/should be able to assist you in having the back support "forgiven". This is, of course, unless the back support owed is for governmental (welfare) reimbursement. Then your former spouse has no say in the matter and the county can continue to collect. I suggest you speak to a local attorney regarding these issues....

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Court hearing and cssd

If Child Support Services does attend the hearing, they will more than likely see what the financial ability of the father is, and try to get him to agree to a repayment schedule for the arrears (the amount owed) as well as for future/ongoing support. If you have assigned your right to collect support to the department, they will attempt to do just that: collect support. The level of activity they take at the role will be largely dependent on whether father shows up and the issues specific to...

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Does the law requier an 18 year old fulltime high school student to ask his/her divorced parents for permission for anything.

LEGALLY, no. The answer can be found in California Family Code §6500 - 6502, which states: "6500. A minor is an individual who is under 18 years of age. The period of minority is calculated from the first minute of the day on which the individual is born to the same minute of the corresponding day completing the period of minority. 6501. An adult is an individual who is 18 years of age or older." So while your child is "an adult" under the law, if the child is living in your...

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California Child support - what qualifies as educational expense? Does it include football expenses for instance?

Typically, no. Educational expenses usually includes tuition and related expenses (books, lab fees, etc). Depending on the Judicial Officer, however, I have seen them in some instances include such things as football expenses, but this is not the norm.

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