Elizabeth Jones's Answers

What can happen if someone claimed earned income credit on children who do not live with them?

This is clearly tax fraud and your ex and the people who took the credit are looking at federal charges if this is discovered.

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What should I do if our family is a victim of nuisance, harassment and disturbing the peace, reported and police can't help.

In California this is not a Domestic Violence issue. You do not have a "relationship" with these people. What you can do is go to Court for a Civil Harassment Restraining Order. I suggest that you do that tomorrow. When you have the Order, the Police can help enforce it.

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Is there a family law that states that not being with siblings is detrimental?

Keeping siblings together is just one part of the picture. You need to show that it is in the best interests of the child who is the subject of the guardianship to be reunited with you and the sibling. There are many factors that go in to the Best Interests standard. This is a difficult fight and you would be very well served to get an attorney who practices in the area of family law, guardianships and especially custody matters.

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Im at the end of my divorce I never filed a preliminary declaration of disclosure Can the final be filed if preliminary was not?

You should serve your preliminary and final declarations of disclosure on the other side and and file with the court the Declaration Re Service of Preliminary and Final Declarations of Disclosure. It is the same form, just check both boxes.

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How long you have to respond to Bifurcation and OSC: Contempt of court order motions?

The time to Respond has passed. When you go to court, your termination of the status will be granted. The Contempt is another issue. In family law, that is a semi criminal issue. You will need to show that she has been properly served. The court may issue a bench warrant for his or her arrest. and continue the matter.

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How long does a divorce process usually take?

Your minimum waiting period from the time the Respondent is served with the papers is six months and a day. The rest is up to you and how much each Party needs to fight about each detail. That prolongs the process. If you have some need to remarry quickly, a baby on the way?, you can Bifurcate the process and terminate Status after six months and a day and get married. That leave property division, support and equalization of the the community assets and debts for another day.

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How soon will "Federal Income Tax Refund Intercept" occur after the child support court date?

Most likely, if he is due a refund for the year 2010 from the IRS, he has already filed and received the refund. The arrears can be intercepted for the year 2011.

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My friend got a court ordered child support order-he is the noncustodial parent. he is paid with no arrears. His ex lives in

Children are entitled to be supported by both parents. If circumstances change and supporting parent has an increase in income, the children are entitled to share in this increased life style. Until the children are 18 and out of high school or 19 years of age, the custodial parent can ask for a modification of child support each.

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If the judge decided to grant a modification to a peaceful contact order, which one would they most likely grant to us?

Take with you the information about your sons, the meetings regarding their welfare, and be prepared to tell the Judge why this is in your best interests as well as the interests of the children. You may also want to discuss the no contact with the kids. Every time he visits with them is a violation. Get it set up that he has monitored visitation with his mother as the monitor. you do not want him in any more trouble that he already is.

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Is it too late to report an abuse that happened a week ago?

What your ex boyfriend is doing is part of the ongoing abuse. You must call the police no, get a protective order, and file for a Domestic Violence Restraining Order. It sounds like he is escalating and this could lead to a very dangerous situation. Act now so that you will be safe.

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