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Edmund Lee Montgomery

Edmund Montgomery’s Answers

1,544 total

  • Need child custody modification want to go straight to 730 evaluation....can I do this? I need help with initial filing request.

    We had two 730s in past. One in 2009 and another in 2012. Our evaluator knows history of case. My ex loves high conflict. Child is now almost 15. His grades last two years have been almost failing, his interest in activities are dwindling when wit...

    Edmund’s Answer

    You need to file a Request for Order seeking a modification to the visitation schedule and request that you be referred back to the 730 evaluator. The court will have you go to Family Court Services first and you would need to tell the CCRC counselor that you want to go back to the 730 for an update and tell them the reason why.
    The court can then refer you back to the 730. Understand he is going to complain about the cost of the 730 so be prepared.

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  • What do I do if my ex is keeping my kids from me and won't let my mom get them from school? Nor from their game bc I work

    It's my day to get my kids and I asked my mom to get them because i am coming from out of town.shes aloud to pick them up and My ex took them from school and won't hand them over to my mom. What do I do?

    Edmund’s Answer

    You need to enforce your court order. The first step is to make sure there is a Findings and Order After Hearing from you last hearing that gave your Mother permission to pick up the kids. Then you have a formal order for the Police to assist you. Then the next time it happens you can call the Police.
    Keep a log of your failed attempts to get your kids. Then if you have to go back to court to get more specific orders you will be able to.
    Talk to a family law attorney about your options now. If you keep letting the Ex get away with what she is doing it will only get worse.

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  • Which form needs to be filed with the court in regards to moving away?

    I'm a step-father to two girls, ages 5 and 13, and we all currently reside in Temecula (southern California) . In regards to both kids, my wife has dual legal custody with their biological father, but she has sole physical custody (paperwork shows...

    Edmund’s Answer

    Move away case can be very complicated and you should really talk with a family law attorney. While your spouse has the right to move with you and take the children, the court can not make that order until after some analysis of several factors.
    The factors are spelled out in a case known as In re Marriage of LaMusga (2004) 32 Cal.4th 1072. Move away cases are usually litigated because of the significant change that results in the move.

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  • What is he legally entitled to, if I agree to joint custody?

    I'm living in California. I'm legally separated from my husband (military active duty) of 11yrs. He wants joint custody of our 7 yr old child. He lives in Oceanside and I live in San Bernardino. He will be moving out of state in 2 yrs, to a new d...

    Edmund’s Answer

    It appears that the two of you have been sharing your child on some type of schedule. It is difficult to answer your question without knowing what that schedule is.
    I do not know how active your Ex is with your child or how involved he is. If he gets transferred out of state it will have a major impact on the custody arrangement.
    you really need to talk with a family law attorney to better understand your options.

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    Edmund’s Answer

    Are the children in Peru? Are there court orders in Peru for child support?
    It is possible for the court orders in Peru to be registered in the US and child support enforced in the US.
    The long arm of child support enforcement is just as long as the arm of the law. you can not get out of your responsibility.
    To make it even worse if you get behind in child support they can suspend your passport and you could not go to Peru to modify it because you would be stuck in the US.

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  • Does a paternity test matter if I have already signed the birth certificate?

    I am going through a custody/ move away case with my sons mom. She wants to move and in our last court hearing I expressed wanting a DNA test. The judge said since you don't think it's your son get a DNA test and I'm suspending your visitation. On...

    Edmund’s Answer

    This is the only chance you will ever have to contest paternity. Either you do the test now or forget about it.
    $500 now compared to child support for th e next 18 years is a big issue.

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  • Child support and ex refusing to work

    My ex wife and i have share custudy of our two kids. I have 70% and she has 30 % of the time share. Even though i have our kids most of the time i still pay her child support.. she refuses to work because she now lives with another guy with dece...

    Edmund’s Answer

    Family Code 4057.5 states: The income of the obligee parent's subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligee or by the obligee's subsequent spouse or nonmarital partner.
    That code section further states that an extraordinary case may include a parent who voluntarily or intentionally quits work or reduces income, or who intentionally remains unemployed or underemployed and relies on a subsequent spouse's income.
    So while the code gives the court the ability to consider the partner’s income the court generally do not. The court finds it easier to impute an income based on the person’s ability to earn. You would need to show that there is an employer willing to hire her and she could make so much per month.
    That is not an easy task. You should talk with a family law attorney to understand your options.

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  • Is there a statute of limitations to request alimony?

    I was married for 16 years and in June of 2014 my divorce was finalized. My 2 children ages 15 and 17 are currently living with my ex-husband. I did not appear in court for our final divorce court date. I did not request alimony or anything from h...

    Edmund’s Answer

    It all depends on hw your Judgment reads. If spousal support was terminated then you can not get spousal support. If the court reserved over the issue then you might be able to.
    But watch out. If you ask for spousal support he will ask for child support. He would definitely et child support and your ability to get spousal support depends on many factors.

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  • Wife says she's been gay all of her life, left me, moved in with the person she was having affair with. Grounds for annulment?

    We have been married for 20 years. My wife suddenly announced that she was gay and has been all of her life. She began an adulterous affair under the roof of the family home we share with our two children. She moved in with the new girlfriend and ...

    Edmund’s Answer

    Does not sounds like grounds for annulment. But on the issue of spousal support with same sex marriages and changes in the Family Code if she is living with her new significant other there is a decreased need for spousal support. Family Code 4323.
    You need to talk with a family law attorney to discuss these issues.

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  • Does the other party in a divorce action need to file a Income and Expense Statement with his Response?

    I filed a RFO for attorney fees to be paid by my spouse. He has not resplied to the filing. I understand the attorney fees is based on disprity of income in most cases. but what if he has not filed and I cannot tell what he earns and spends. Can ...

    Edmund’s Answer

    When you filed your Income and Expense Declaration you estimated his income in Paragraph 4 near the bottom of page one. The court could base his income on what you estimated and make an order.
    If you have copies of any old pay stubs or tax returns to support your estimation of his income that would help.
    And yes, you could always ask for a continuance to gather his income information. You could subpoena his employer if you want to.

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