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.
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...
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.
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...
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.
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...
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...
Discovery would remain open until thirty days before the first day set for trial. If your case has never been set for trial then discovery would still remain open.
If a trial date was set and past then discovery would have been closed. A party could then file a request with the court to reopen discovery with the court and it would probably be granted.
If discovery closed because your case was concluded the filing of a new Request for Order would automatically reopen discovery under Family...