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Edmund Lee Montgomery

Edmund Montgomery’s Answers

1,321 total

  • Custody question

    I filed for custody of my daughter, my daughters father responded back but his papers were vacated due to the fact he didn't pay the court I put in a default I recieved my default papers back today with the judge stamp on there, does tha...

    Edmund’s Answer

    Is it the Request to Enter Default that you received back? Or was it an actual Default Judgment.
    If it is a default judgment then you have court orders concerning custody and you can enforce those orders.
    If it is just the Request to Enter Default then that is just one step closer to a default judgment.
    You should really talk with an attorney yo know where you stand.

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  • Divorce

    My daughter needs to divorce her husband of 10 years, they have been separated for 5 have a 10 year old daughter. She stayed with him and helped put him through law school, he is a practicing lawyer criminal law, does not want to pay child support...

    Edmund’s Answer

    Your daughter needs to file for a dissolution and secure custody orders for her child. The court is going to look at the pattern that has been established over the past five years to determine what is in the child's best interest. There is a status quo that has been established on how they share their child.
    Concerning any retainer, she would have to discuss that with the attorney she talks to. Understand there are also filing fees that the court will want to file any paperwork.

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  • Child support add on and splitting down payment

    My ex has agreed to pay the amount stated in an online calculator for child support based on his income/number of children. I agreed verbally and he has been paying for almost a year. However, it isn't even close to half of what the kids cost sinc...

    Edmund’s Answer

    First, if the down payment was from your pre-marital assets it was your separate property and you were entitled to get it back under Family Code 2640.
    Second. Add on's like child care are usually divided equally on top of the calculated amount of child support. If he will not agree then it looks like you might need to go to court to get a correct amount of child support.
    You can contact the Department of Child Support Services in your area and they can assist you in securing a proper child support amount.

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  • Need a divorce but I'm not sure what to do

    My husband lies and cheats and he threatened to take my daughters from me if I left him. I'm not sure what to do since I don't want to lose my daughters. I've been diagnosed with bipolar depression but my daughters mean everything thing to me and ...

    Edmund’s Answer

    If there has been abuse, you need to file for Domestic Violence Restraining Orders against him and request that he has limited contact with your children.
    You need to contact a Domestic Violence outreach program or shelter for assistance.
    Your health and safety and that of your children is very important.

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  • Does my ex-husband have to provide a reason why I can't take our 4 kids on a cruise to Mexico?

    Bifurcate was granted in April but still negotiating child custody and financials. I have had sole custody for 18 months since separation and thought a cruise would be a nice Christmas gift for the kids. It is before Christmas and during a time I ...

    Edmund’s Answer

    Since your case is still pending there is a restraining order in effect that states you cannot remove the children form the state of California without an agreement or court order. That restraining order stays in effect until the case is finalized.
    What is the issue for court on December 8th. If it is custody issues you could ask the judge for permission to take the children on the cruise. You would need to show the judge that you have tried to communicate with the Ex and you believed he was not objecting until recently.
    If the issue for December 8 is not custody issues you will need to file an emergency hearing to raise the issue of the cruise. You would ask the court to not rule on the matter of the cruise right away but to shorten time so it could be discussed ion December 8th. It is known as an Ex Parte hearing for an order shortening time. The sooner you file the better.

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  • Divorcing in CA, but no $ so represent myself. I am the respondent. I just moved out to my parents. Which address to use, etc.

    I am just wondering a few simple questions as I fill out forms. My spouse listed our apartment. Should I just list my parent's address since I am staying with them temporarily or will that beadmitting that I don't have rights to stay in the apt? ...

    Edmund’s Answer

    Concerning your first question. I would list the address where you know you can receive mail. That sounds like your parent's address. That does not give up any right to the apartment or anything in it.
    Concerning your assets and debts. List everything, including what he has listed. Try to be as complete as possible.
    On the issue of child support. You would request for what is called Guideline child support. If you want assistance in getting a child support order you can contact the Department of Child Support Services to assist you. They are a free service to make sure that proper support orders are made.
    Lastly, you need to serve your response prior to filing it with the court. They court will not accept it without a proof of serve. You can serve by mail. You just need someone else to serve him and sign the proof of service showing that they mailed it to him. Your parents could even sign the form for you.

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  • Can I get full custody of my children with my ex husband being fired?

    I have one biological child with my ex husband and a son from another man who had ruled my ex husband as the presumed father dispite genetic testing and child support received from biological father, since my ex husband is all he knows and never m...

    Edmund’s Answer

    A parent losing their job is not grounds for the court to change custody. Custody issues are based on what is in the child's best interest.
    There are several public assistance programs to assist someone that is unemployed.

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  • Do I have to sell my home?

    From a divorce agreement it says the "husband waives, release and quitclaim to wife as her sole and separate property, all of husbands right, title and interest to the following property." Which is the home I and my son live in. The agreement inst...

    Edmund’s Answer

    If the agreement instructs you to refinance the house and you can not the only option might be to sell the property. You need to show the judge that you are making an honest effort to refinance the residence to get more time.

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  • Division of a business as an asset during divorce

    my husband started a consulting business while we were married. Its an LLC in CA, though I am not listed in the ownership or articles of incorporation, I have done some work directly and indirectly for the business, such as registering the domain...

    Edmund’s Answer

    The mere fact the company was started during the marriage makes it community property. The business has a value and that can be determined by a forensic CPA. The CPA would determine the value of the business and the cash flow of the business to figure out how much he is making from the business.
    Without an expert being appointed to evaluate the business you are left with him telling you what it is worth. Not a wise idea.
    The court would usually order the business to pay for the evaluation. You should talk with a Family Law attorney to determine how you want to proceed.

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  • Can I get my interest on the child support modified

    For the past 10 yrs I haven't got a tax refund now im down to $5800 of the interest I have a disabled wife who I'm the caregiver for 24/7 and a ten yr old daughter we r low income family can I get the interest which was $7300 now $5800 modified th...

    Edmund’s Answer

    The interest is established by law at 10% and the court has no power to lower that amount. If the back child support is owed to the state you can talk to them about a compromise program to lower the amount owed.
    If the funds are owed to the child's other parent they have the ability to accept a compromise on the amount due.
    If you cannot get them to agree to lower it there is not much you can do.

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