Edmund Lee Montgomery’s Answers

Edmund Lee Montgomery

San Bernardino Family Law Attorney.

Contributor Level 16
  1. Has there ever been a family law case where its been proven that gifts from the parents should be considered income?

    Answered over 1 year ago.

    1. Edmund Lee Montgomery
    2. Michael Christian Peterson
    3. Craig Martin Scalise
    4. Richard Forrest Gould-Saltman
    4 lawyer answers

    The answer is yes if the gifts are reoccurring. The most current case on the point is In re the Marriage of ALTER (2009) 171 Cal App 4th 718. That case has a good analysis of the use of gifts as income with a short history on other cases that have also looked at gifts.

    11 lawyers agreed with this answer

  2. How do I file a notice of appeal in a family law case?

    Answered over 1 year ago.

    1. Herb Fox
    2. Richard Forrest Gould-Saltman
    3. Edmund Lee Montgomery
    4. Steven Robert Stolar
    5. Michael Raymond Daymude
    5 lawyer answers

    Filing the Notice of Appeal (form APP-002) is the easy part. You fill out the one page form and file it with the court. Then comes the hard part. Within ten days you need to designate a record and file other documents with the court. This is not something I would recommend you do without an attorney's assistance. You should consult with an attorney before you file anything. You need to make sure your case is appealable and you have not exceeded any time lines. Appeals can be very...

    8 lawyers agreed with this answer

  3. I have sole custody and need to know how to go about moving out of state with my children?

    Answered 3 months ago.

    1. Edmund Lee Montgomery
    2. Tobie Brina Waxman
    3. Edna Carroll Straus
    4. Lilian Demonteverde-Hoats
    4 lawyer answers

    The answer to your question lies in the current court orders. Is there a judgment of a court order that restricts your residence to California. If you are pre-judgment there is a restriction to the State of California. You should review your current court orders as to any restrictions. It would be a very wise move to talk with a family law attorney and show them the current court orders. Your orders could have a restriction or just a clause that you have to notify him 45 days in advance.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Found out ex pays $ for sex; but now he is helping to care for his minor niece that has been busted for prostitution previously.

    Answered over 1 year ago.

    1. Edmund Lee Montgomery
    2. Anne Marie Healy
    3. Carol Anne Jasinski
    4. Robert Andrew Michael Burns
    5. Regina Kogan
    6. ···
    6 lawyer answers

    Since you were never married there is very little you can do. You need to move on with your life and protect yourself.

    Selected as best answer

  5. Can i file my own divorce?

    Answered 3 months ago.

    1. Edmund Lee Montgomery
    2. Joseph Torri
    3. Tony Anthony
    4. Gregory Paul Benton
    5. Lilian Demonteverde-Hoats
    5 lawyer answers

    You can file your own dissolution making sure you list everything on your Petition. If you have an agreement on everything you can prepare a judgment that you both sign and the case would be over with. I would strongly suggest that you contact an attorney to assist you or at the very least talk with the court facilitator's office for advice on how to proceed. They are a free legal service there to assist you in the preparation of family law matters. They probably even have packets with...

    7 lawyers agreed with this answer

  6. Can my tax refund be garnished for child support in California?

    Answered almost 2 years ago.

    1. Amanda Marie Cook
    2. Edmund Lee Montgomery
    3. Eduardo Guillermo Sanchez
    3 lawyer answers

    There are several issues with your case. First, if there are child support arrears they can take your tax refund to satisfy the arrears. The only way to stop that is to apply the refund to next year’s taxes but that will not stop the State refund from being intercepted. Second. If you are going on general relief you need to have the support order modified. The order will continue to accrue until it is modified. Just because DCSS is not collecting does not mean it is not accruing. You...

    7 lawyers agreed with this answer

  7. What percentage of divorces in ca. end where spousel support is paid?

    Answered almost 2 years ago.

    1. Edmund Lee Montgomery
    2. David Alexander Browde
    3. Jayson Lutzky
    3 lawyer answers

    I do not know of any statistical data that has been collected on the percentage of cases where spousal support is paid. Each case is different and has its own unique set of facts. Length of marriage, standard of living during the marriage, income of the parties, cohabitation, and on and on. You would need to talk with a Family Law attorney to see if spousal support is an issue with your case. If your incomes are close then the possibility of a spousal support order is low but you still need...

    7 lawyers agreed with this answer

  8. How do I get a continuence in family court for a trial in one week. Tell me what steps to take Monday need answer asap

    Answered over 2 years ago.

    1. Edmund Lee Montgomery
    2. John Hamilton Kibbler
    3. Tammi L Faulks
    3 lawyer answers

    The court is the only one that can continue a trial. Agreeing with opposing counsel is not enough. You need to file an Ex Parte request to continue the trial. The earlier the better so the court has the ability to use the time for something else. The Ex Parte or emergency hearing will need to tell the court why you need to continue the matter. Retaining new counsel is always a good excuse for a continuance. Needing an attorney to protect your constitutional rights on the contempt is a...

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  9. What is the "standard" payment for alimony and child support for a legal separation?

    Answered 3 months ago.

    1. Wail Sarieh
    2. Jeffrey Scott Drabin
    3. Edmund Lee Montgomery
    4. Gregory Paul Benton
    5. Amy Marie Von Esch
    6. ···
    6 lawyer answers

    The missing information to your question is what is the time share for the child and who does the child reside with?

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can i still file a response to my divorce if i have waited 3 months to respond?

    Answered about 2 years ago.

    1. Edmund Lee Montgomery
    2. John F Cannon
    3. Nathaniel R Dowds
    3 lawyer answers

    If you have lived in Las Vegas with your daughter for at least the last six months then you need to seriously talk with a Las Vegas Attorney concerning your divorce. Your case might need to be heard in Las Vegas as since that is where the child resides. This appears to be a jurisdictional issue that should be discussed with an attorney. If you have not been in Nevada for the past six months then you could file a response to the dissolution so long as a default has not been requested....

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

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