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 about 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. 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 about 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.

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

    Answered over 1 year 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

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

    Answered over 1 year 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

  6. 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 about 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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  7. 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

  8. Married 1974. wife abandoned husband and five kids 1995. we never divorced until she filed and court ordered me to pay

    Answered about 1 year ago.

    1. Edmund Lee Montgomery
    2. Edna Carroll Straus
    3. Robert Andrew Michael Burns
    3 lawyer answers

    It is impossible for me to give you an answer to your question because of the dynamics of your case. There is just too much information that I do not have. You need to sit down with an experienced family law attorney and discuss your case. The cost of an attorney now far out weighs what it is going to cost you in the future.

    Selected as best answer

  9. In California can you file for divorce in a county that neither party resides in?

    Answered about 2 years ago.

    1. Edmund Lee Montgomery
    2. Hillary Johns
    2 lawyer answers

    You can only file for dissolution of marriage in the county you resided in for the last three months. You can for legal separation in a county you just moved to so long as that county is now your current residence. Service by certified mail is only valid if you personally sign for the paperwork. Venue or what court a case is heard in is determined by who serves first. If you want to make sure the case is in your county then file first thing Monday morning and have him served first. Then...

    6 lawyers agreed with this answer

  10. How much time do I have to file an appeal on a divorce judgement if I filed a motion to reconsider and

    Answered over 2 years ago.

    1. Edmund Lee Montgomery
    2. Herb Fox
    3. Frank Wei-Hong Chen
    3 lawyer answers

    The timeline for a Notice of Appeal when a Motion for Reconsideration is filed is under Rule of Court 8.108 that states: (e) Motion to reconsider appealable order If any party serves and files a valid motion to reconsider an appealable order under Code of Civil Procedure section 1008, subdivision (a), the time to appeal from that order is extended for all parties until the earliest of: (1) 30 days after the superior court clerk or a party serves an order denying the motion or a notice...

    6 lawyers agreed with this answer

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