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Elizabeth Jones

Elizabeth Jones’s Answers

1,403 total


  • Mediator said since I'm the one that filed the paperwork I have the ability to drop the case. Is this true? How do I do this?

    I live in Monterey, my 10 year old son lives in Escondido and flies up about once per month. Wanted to change a few minor details in the order.

    Elizabeth’s Answer

    You can file a Request for Dismussal as long as the other side has NOT responded. If the other side has responded you must get that person to agree and then both Parties tell the Judge that they want to dismiss

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  • What does it mean when opposing attorney says "instant" DVRO was granted against opposing party?

    Controlling ex served me with DVRO in order to maintain control of everything, deprive me of support, etc. She continued the matter 3x, acting on her own 2x & retaining an attorney the 3rd time. My attorney didn't object to any of this. 6 month si...

    Elizabeth’s Answer

    The use of "instant" is somewhat archaic but only means the current case which is under consideration

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  • What steps can we take in order for my husband to be able to adopt my daughter? What do I do about the child support checks?

    Hi I have a 3 year old daughter her father abandoned her when she was 1. I am now married and my husband would like to adopt her. My husband has been there for my daughter since the day her father left. He is the only father she knows and he does ...

    Elizabeth’s Answer

    I agree that this process needs an attorney because the paperwork is complicated. But the first step is to ask the father if he will agree to give up his parental rights. If so he will no longer pay child support. Please speak to an attorney.

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  • Do we have to go to court? Will the court know if we both just continue with our current situation

    Divorced couple. Share title on property Wife lives on property and pays for everything. Last court date judge decreed we need to meet again in court and discuss whether we are ready to sell now or what we want to do. Does one of us need to f...

    Elizabeth’s Answer

    If you put your agreement into a proper Judgment and file it is the Courtroom you will have no need to go back in front of the Judge. Get an attorney to do the proper paperwork. There are forms to go with the Judgment

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  • Can my husband adopt our son without the consent of the biological father? Is there financial assistance for adopting?

    My husband of 5 years would like to adopt my son. The biological father is no where to be found from that last time that i was aware he had moved out of state and that was in 2004, I have received a total of about 4 checks and my son is now 12 and...

    Elizabeth’s Answer

    This can be done but you really need an attorney that has experience in Termination of Parental Rights and Step Parent Adoption

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  • Will a judge run child support based on my ex spouse 75/25 suggestion even though mediation we both accepted 60/40 custody?

    My ex wife and I just had mediation and agree to the proposed parenting plan of 60/40 (I will have 40 custody) She is asking the judge to run child support payments on 75/25 custody. Is this something he would consider? Needless to say I pay for a...

    Elizabeth’s Answer

    Take your mediation agreement to the Judge He or She is only interested in your actual time share

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  • Need advice in support.

    I am non-custodial parent and my 16 year old daughter recently got a job. Does this have any effect on the child support I am currently paying? Is this reason feasible to request a modification to reduce support?

    Elizabeth’s Answer

    The simple answer to your question is no. Her income is not relevant. Your income and other parent's income only are considered. And good for your daughter. She is showing a lot of responsibility

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  • Is the creditability of any witness testifying in a custody matter a proper issues to bring up

    Battling for custody

    Elizabeth’s Answer

    Yes. Credibility is always important regarding any and all witnesses. Discreit the witness and you discredit the testimony

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  • How much will I have to pay if I make $12 an hour and have 3 other kids?

    I have four kids, one is with father, I might have to pay child support. I have a court date next month.

    Elizabeth’s Answer

    As is the answer to all Law School exams, the answer to your question is "it depends." The missing information to which my colleague refers is crucial to giving you a complete and thorough answer. Your local courthouse probably has a facilitator who can help you but make sure you take with you ALL of your financial information.

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  • Why is my ex wife attorney allegedly charging her when they or I communicate with him?

    My wife is the petitioner and I'm not represented. I've had minimal communication with her attorney such as them emailing or calling me. I'veve attempted to communicate with her and her attorney as to what is the delay because we are at the MSA ...

    Elizabeth’s Answer

    Every time you call her attorney the attorney is using his time to deal with you. That is what he charges for/ his time. He would do the same if you had an attorney and he talked to the attorney. That is what attorneys bill for - our time.

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