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Edmund Lee Montgomery

Edmund Montgomery’s Answers

1,313 total

  • 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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  • Will I lose child support owed to me?

    I wrote a letter to child support services requesting to inactivate my case because my ex begged me to back in 2008. He lost his drivers license because he owed over $9000. So, because my daughter loves him and wanted to see him, it was safer for ...

    Edmund’s Answer

    Just because you asked Child Support Services to not enforce the child support in 2008 did not change the order for support. In order to forgive any past due child support you would have signed a document stating you were giving up the support and it would of had to been approved by a judge.
    You can use the child support he owes you to off set any child support he may seek against you.

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  • When filling out an OSC affidavit for contempt, do I put the hearing date or the filing date?

    I am trying to complete a custody/visitation OSC for contempt. When it asks "The citee violated orders issued on" is issued referring to the date of the hearing or the date it was filed?

    Edmund’s Answer

    It is referring to the date the court made the order.
    Is contempt the avenue you really want to take? It can open up problems and is quasi-criminal in nature. That means the other side has certain constitutional protects to not be a witness against themselves. You need to be able to prove the case without any input from the other side. You can not ask them questions unless they agree.
    Contempt usually drag things out and do not resolve the underlying problems.
    If there are problems that could be resolved there might be a better approach.

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  • If I am the petitioner and I filed for custody can Mom's lawyer file to change venue in Santa Cruz from Shasta County.

    My ex and I lived in Boulder Creek, CA when she left me and our boys and would not come home, so I moved to Redding where my family lives for financial help and filed for custody. Mom came to court in Shasta County and gave me a TRO, so the judge ...

    Edmund’s Answer

    There are too many unknown facts to be able to give you a good answer. How long did you live in Redding prior to filing? Did you file for legal separation or dissolution.
    Did Mon make an appearance in Shasta? Did she file anything in that court?
    You really need to talk with an attorney and resolve this matter or you could be traveling back to Santa Cruz for every court hearing.

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  • In a divorce - does an annuity account I had before marriage become community property? Is my husband entitled to half?

    been married 17 years. Had annuity account 2-3 years before marriage. All money was put into account before marriage but it has accumulated about $14,000 in the last 17 years of marriage. Just took out an $11,000 loan, but have not deposited check...

    Edmund’s Answer

    Community property is anything you acquire during marriage unless it is a gift or inheritance.
    Since you had the account prior to marriage and the only increase in the account is due to the interest the account earned it is still your separate property.
    If you are separated when you take out the loan it would also be your separate responsibility. If the loan was taken out during the marriage it could be a community responsibility depending on the facts of your case.

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  • I am the respondent in a default divorce and the petitioner has decided to stall on finishing the process. What can I do?!?!

    The divorce was filed in October 2013. The court has already ruled on the child support and custody issues (in April 2014). The only outstanding issue is that my wife disposed of a truck that was listed as my property on the declaration. In ord...

    Edmund’s Answer

    You can file a Motion to set aside the default and file your Response. Then you can move it forward in court to get it completed.
    The court is going to want to know what is taking so long and why it is not completed at the status conference. You can tell the court you filed a Motion to set aside the default and tell the court the date it is set on calendar. That should move things along.

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  • 1- what will be his child support payment according to the court formula? see below for 2 other questions and more info

    If my 2014 income was $9,226 I have my girls 87% of the time my ex 2014 income $25,000 he has them only 13% 1- what will be his child support payment according to the court formula? My oldest daughter is turning 18 on May ...

    Edmund’s Answer

    By the sound of the question you have two children. Based on the information you provided child support would be $619.00 per month for both girls. It is $388 for the youngest child and $230 for the oldest.
    Child support would end when the child reaches the age majority that is defined as when they turn 18 and graduate high school or turns 19 what ever happens first. The court has no power to order support once they reach the age of majority.
    You can also calculate child support using the DCSS calculator that is available online at

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  • If I get remarried can my ex-wife go after my new wife for child support? Is there anything I can do to prevent this?

    Currently pay child support already on my 3 children to my ex-wife. Barely making it by with what I am paying with child support, bills, apartment, etc. Is there anything I can do to protect my future wife from the ex-wife in wanting more child su...

    Edmund’s Answer

    Family Code 4057.5 specifically states that the income of a spouse or significant other can not be used to calculate child support. Your spouses income is not part of the support order.
    Your spouses income is only considered for your proper tax basis. When you file married filing jointly your spouses income is needed to place you in the proper tax bracket.

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  • (Orange County, Calif) Is it legal to claim Spousal Support if the monies are voluntary and not court mandated?

    Legally separated (filed w/court) since 12/2010; no order for spousal support was filed; we verbally agreed he would give me $21,000.00 a yr ($850.00 2x a mo) for "spousal support"; he filed spousal, I claimed income; I claimed $21,000. 00 income...

    Edmund’s Answer

    • Selected as best answer

    In order for spousal support to be deductible by him there needs to be an actual court order. There is specific language that needs to be included in a spousal support order to qualify under the IRS Code.
    You should talk with a tax professional about the issue. If the IRS finds that it is a gift or property division and not spousal support it could change things.
    NOTE: The IRS does not like spousal support because the money is shifted to a different tax bracket and they get less in taxes. This is a serious issue that you need to resolve.

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