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Benjamin Aguilar
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Benjamin Aguilar’s Answers

192 total


  • Court Order

    My ex and I have an agreement we split the medical bills for our kids and was being set as an court order. Do I have to pay the past bills before the order was being set by the judge?

    Benjamin’s Answer

    I think this depends on what the current order says, and also on what any previous orders that were in effect at the time the medical expenses were incurred indicate.

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  • How long do I have to respond after being served with divorce paperwork?

    I was served 10/07/13

    Benjamin’s Answer

    IF you were served with marriage dissolution papers you have 30 days from the date of service to file a response. Failure to file on a time manner can result in a default judgment.

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  • What legal process do I need to do in order to no longer own a house with my ex.

    I was divorced approximately 3 years ago. In the judgement we agreed to no spousal or child support, however it does say that I will pay 1600/month to maintain my interest in the house. If I miss 3 payments I forfeit my share of the house. We have...

    Benjamin’s Answer

    if you agreed to continue making payments in your marital settlement agreement, you are probably stuck with this decision until your ex decides she wants to sell the property. If you discuss with your ex and she agrees to selling the home or changing the marital settlement agreement to reflect that you will stop making payments and preserve your interest to date in the home, you can file a stipulation with the court to reflect this agreement.

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  • Can my wages be garnished for child support from my two part time jobs?

    My wages are being garnished from both my part time work, and it's for the same case for child support, so technically my order is $300/month from one of my part time jobs, but now i'm being garnished another $300 from the other part time job, is ...

    Benjamin’s Answer

    You are missing some facts, but if you are behind in child support payments, your wages can be garnished to satisfy backpay.

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  • ALIMONY AND CHILD SUPPORT.AND WHERE TO FILE FOR DIVORCE.

    ME , MY HUSBAND AND MY TWO KIDS ARE ALL AMERICAN CITIZENS.BUT EXCEPT MY HUSBAND ALL THREE OF US ARE LIVING IN INDIA.WE WANT TO BE DIVORCED BECAUSE IT IS NOT WORKING OUT.WE HAVE BEEN MARRIED FOR 15 YEARS.I AM A HOUSE WIFE WITH NO INCOME SOURCE,BUT ...

    Benjamin’s Answer

    If your husband has resided in California for the past 6 months you should be able to file in California. Given that you are out of the country, it might be a good idea to hire a local attorney to help you navigate the family court system. You and your husband can reach an agreement as far as how much money he will give you for child support and alimony and also you can agree as to custody of the children and division of assets. If you do not reach an agreement, then a judge will be making this decisions based on the specific facts of your case.

    Child support is based on income and percentage of time that the children spend with each parent. The home in India is community property and you will have to divide it equally just like the rest of the assets that were acquired during the marriage.

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  • Can my husband, whom I petitioned from outside of the U.S and has joined the army) file for a divorce without my consent?

    My husband whom I petitioned and married to grant him a green card from the P.I in 2012 (also who has joined the army a year after our marriage, file for a divorce and proceed with it without my consent?

    Benjamin’s Answer

    Yes, your husband does not need your consent to file for divorce. He can open a marriage dissolution case without your consent or signature. Once he opens the case he needs to serve you with divorce papers and you have 30 days from the date of service to file an answer with the court. Failure to respond to the divorce complaint won't result in delaying the process, it will instead result in a default divorce.
    The fact that your husband obtained a green card through marriage and the fact that you have been married for less than 2 years will likely have immigration consequences for him.

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  • Child Custody Enforcement and Clarification?

    Current order states I have our son extended weekends and one evening per week (3-7pm) when I am not working. Per court orders I am to drop off our son at his mothers home. My child's mother works these days and I end up dropping off our young chi...

    Benjamin’s Answer

    You can come to an agreement with the mother and submit a stipulation to the court where you agree to a different child custody/visitation agreement. If the mother is not willing to come to this agreement you can return to court and have the judge issue a new decision based on the new facts.

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  • If someone is not following a custody court order what options do I have to report it and to get them to comply?

    The current court order is from Virginia Beach, VA; neither party nor the child currently reside in VA and hasn't for 7 months. Just had a hearing in Virginia Beach to change the custody order, but the judge dismissed it due to lack of jurisdicti...

    Benjamin’s Answer

    Unfortunately, you do not include enough facts to give you a more specific answer, but if the minor now resides in California, you can file locally to request a San Diego court to issue a custody order. If the VA court determined that they no longer have jurisdiction over the child, you need to have the case transferred to a local court.

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  • Can I file a divorce in San Diego for domestic violence abuse done in US embassy in Mumbai?

    My husband, an FDA employee posted at US embassy and living at US govt housing did domestic violence against me. Diplomatic Security is investigating. However, I want to understand how my financial rights are protected? I want to file a divorce in...

    Benjamin’s Answer

    As long as you satisfy the residency requirement to file in San Diego, you can file locally. If you have resided in California for the last 6 months and 3 of those months you have lived in San Diego, then you can file locally. Your financial rights will be protected under the laws of the state of California if the court has jurisdiction over your case.

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  • I pay 567.00 for 2 kids with arrears my payment is 700 I only clear 1750 monthly car paym 430 rent 500 ins. 90 going under

    I don't even have money to eat or gas or take clothes to cleaners for my job how can i let the CSS understand that when my kids call me for a pair of shoes or uniforms for school or a simple trip to the movies it brakes my heart when I have to b...

    Benjamin’s Answer

    If your income and/or expenses have changed since the last time the court issued a child support order, you can get the child support amount adjusted to reflect your new circumstances. Obviously, if you now make more money than before, the court will likely increase the support. If you make less then your support will go down.
    You do not mention why the mother does not work. If she is in good health and has the ability to work you can request the court to impute her a salary. What this means is that the court would calculate child support as if the mother was working a full-time or part-time job at minimum wage. This generally helps decrease the child support amount. You should have an attorney advise you on how to proceed. It might be a good investment in the long run.

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