Thurman Wesley Arnold III's Answers

When seeking a monetary sanction on a party how much $ is asked typically. this is a osc to mod. child support court in june.

If you do not have an attorney and seek sanctions under the Family Code, you will likely not be successful. The only Family Code section dealing with sanctions in your circumstances is FC section 271; however, since you are not a lawyer you are not entitled to attorney fees as a self-represented party. This is also true of attorney fee awards under FC section 2030, 2031, and 2032. Your other argument is for sanctions under the California Code of Civil Procedure - section 2030 deals with...

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If I divorce my illegal immigrant husband does he have rights to properties that I have purchased?

The fact of his illegal immigration status is irrelevant for purposes of property division. As a practical matter he may never enforce his rights. However, if the two of you have been physically separated, which requires not just that you be physically separated but also that you one or both of you have decided to end the marriage, then whatever you acquire after that separation is your own separate property and he would then have no rights to that property.

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Notice of entry of judgment- date marital status terminates 05/21/10 ..does this mean i am divorce

You are not divorced until a Judgment for Dissolution is entered by the Court where the papers were filed. A request to enter a default judgment is NOT enough. There is not automatic six month termination. You are NOT unmarried, and so free to remarry, without a Judgment. There is not enough information here to accurately advise. Seek an attorney's advice, unless you have seen a court signed and duly file stamped copy of a judgment granting a decree of dissolution.

My kids dad used the child support to pay the mortgage payments on the house he promised to sign over to me. Can I get the house

You don't mention whether are not you are married to the kid's dad and, if so, when you were married. If you never married then you have no rights under the California Family Code and your best argument is that the two of you had a joint pooling agreement - in which case you can only sue for breach of contract, and it isn't worth it. If you are married than it is important to know if this was before or after the house was bought. A lawyer also needs to know whether you signed a quitclaim or...

Will an interspousal transfer deed get me off the loan?

My take is a little different: While an interspousal or any other deed does not relieve you of liability, that coupled with a Judgment awarding your ex the house will go a long way in showing future lenders that this was not your default, and so it may not be held against you even if it were to show up in your credit report. Most people are not taken off mortgages when they divorce, simply because they are not in a position to refinance. Nonetheless, it has always been my experience that...

How does my Sister in law get custody of her grandson

There is only one choice in the absence of a pending paternity or other proceeding between the niece and the father: A guardianship proceeding. The niece's mother has no standing to file any other type of action; however, if another action is pending (again, a dissolution or a paternity action between the bio-parents, for instance) your sister can seek custody pursuant to Family Code section 3041, which deals with custody to nonparents, by applying to be joined into those proceedings. Your...

How am i suppose to file for divorce with my husband of two years who is an immigrant?

It doesn't matter whether he is an immigrant or not, or if he is legally in the United States or California. Since you are present here in California, and assuming you are legally married and so need a divorce, you go through all of the same procedures as any other person in this state. You are also entitled to all the same remedies. However, filing for divorce may affect his legal status with the INS and may resort in his deportation. You have such a short marriage that this will not...

Married 2 times, first marriage divorce was not finalized

You need to get remarried. You were legally married to H2 at the time your marriage license was issued and at the time the marriage certificate issued for H1/3. Hence, both documents are invalid. You are not presently legally married and you probably cannot claim putative spouse status if you were file a divorce, meaning that you have basically very little in the way of legal rights.

I am a worried mother who has full custody towards my 4year old daughter?

In most states a biological parent presumptively has superior rights to custody of a child over nonparents, all other things being equal. Has your daughter been living with your folks and if so how much of the time? How often does dad see his daughter? Is his visitation court ordered, and was that after your concerns about drugs, etc., and his status as a sex offender were expressed to the Court. It all depends on whether an action is already pending. If there is, you have to work within...

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My daughter is 19 years old and causing trouble in our household, what do I have to do to remove her from my home?

I am a California attorney so I can only give general comments which you can't rely on but almost certainly her best case is that she is a tenant in your home and her occupancy must be terminated as any other month to month tenant in your state (if she had agreed to pay rent but stopped, usually a 3 day notice to pay rent or quit followed by a lawsuit in unlawful detainer) or a 30 days' written notice of termination of tenancy (followed by an unlawful detainer). It is unlikely you have any...

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