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Lawrence Hindin Geller's Answers
Contributor Level 10
- 59 Legal Answers
- 1 Legal Guide
2
Attorney answers:
Can my husband file for divorce while I'm out of the country for 3 months?
The answer my colleague has given is absolutely correct. Many people are confused as to what service is and when the time to answer actually starts so it may be helpful for me to take a moment to explain. Anytime a lawsuit is filed, whether it be a Petition of Dissolution (divorce) or any other lawsuit, both the United States constitution and the California constitution (as do all other states) require that the person who is being sued or divorced actually receives a copy of the...
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2
Attorney answers:
My tenant got the PGE turned off and they will not turn it back on due to Fraud. How fast can I evict her.
I agree with my colleague. The total time it will take depends upon what the tenant does. If the tenant ignores your 3 day notice to cure, once the 3 days have run, you cand expect the following: File and serve the eviction complaint (unlawful detainer) Tenant has 5 days to file an answer. (figure 7 days considering weekends. If no answer is filed: A request for default and a clerk's judgment for possession. Depending upon your clerk's office this should be processed fairly...
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1
Attorney answers:
CA landlord tenant laws, landlord's rights for a tenant who moved out and left the place a mess
Since you were sued in small claims, you had 30 days to appeal the temporary judge's ruling. Apparently you did not. Therefore, your former tenant has a valid judgment against you and yes, she can levy on rental income. She can also record a lien against your rental property. Since you still have the property, you should understand what the law provides for future tenants. After the tenant vacates your property, be advised that amounts deemed "security" under the California Civil Code...
4 people marked this answer as helpful
1
Attorney answers:
I need help in writing a letter to my landlord cancelling my notice to vacate letter.
Your landlord most likely wants you to write a letter canceling your notice to terminate your rental agreement to protect the landlord. If you have been a good tenant and paid your rent timely, be assured the landlord does not want you to leave. Since you have served the landlord with a notice of termination, the landlord wants to document that you have canceled it. You might consider the following: Dear (name of landlord): I hereby rescind my notice of...
3 people marked this answer as helpful
2
Attorney answers:
Custodial parent relocated and child decided to stay behind so I now have 75% custody. do I have to pay travel expenses
My colleague is correct. However with respect to the existing order that you are required to pay, it is quite unlikely that any court would find you in contempt (that is failing to obey the court’s order). That is because you are providing direct support for your son by housing, feeding and clothing your son. Nevertheless, the advice to seek an immediate modification of the existing support order is wise and prudent. Do not delay and good luck. Disclaimer: I am licensed to practice...
1 person marked this answer as helpful
1
Attorney answers:
Does CA law allow custodial parents to collect additional child support from the income of the non custodial parents partner
Disclaimer: I am licensed to practice law in the state of California. Therefore if your case in not in California, the information contained herein may not apply. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. The short answer is NO in almost all cases. Only parents have the responsibility to support their children....
1 person marked this answer as helpful
2
Attorney answers:
Can a landlord evict a tenant after the tenant already gave the landlord there 30 day notice?
Yes. If a tenant breaches the terms of the lease, the landlord can give a 3 day notice to terminate or cure the breach. For example, if you give notice that you are terminating your lease in 30 days, but fail to pay the amount of rent due for that last 30 days (or the prorated amount should rental due date happen during the last 30 days), the landlord has every right to give a 3 day notice to quit or pay the amount of rent due. If the tenant fails to pay the rent (cure the breach) the...
1 person marked this answer as helpful
1
Attorney answers:
I've been paying on my child support arrearages for years. But the principal amount never goes down. I found out they were apply
Unfortunately, you have a lot of company. This is a typical scenario in child support cases. You may have a couple of opportunities, but they are slim. First, did your former spouse ever receive any sort of financail help from the county? AFDC? TANF? or some other type of welfare. If so, I suspect a great amount of what you owe is to reimburse the county government, not your ex. If that is the case, there was a program that enables you to reach a compromise and is known as "Compromise of...
1 person marked this answer as helpful
1
Attorney answers:
What’s my chances of getting address for a divorce from child support if they were given a subpoena?
Your queston is unclear. Are you receiving child support now? If so, and it is through the County Department of Child Support Services, you should be able to get the address form them, or yes, you can subpeona the address. If you are not receiving support and that is one of your goals, but do not know where the child(ren)'s father is living, you could employ an investigator to tack him down, or go to the County Department of Child Support Services and open a file. They have the...
1 person marked this answer as helpful
1
Attorney answers:
My husband is an irresponsible spender so we've kept money separate since before we married am I still responsible 4 his debt?
You have not provided enough information for an attorney to answer. The first questions is what state do you reside? If you live in a community property state such as California where I practice law, then there is a presumption that all debts incurred during your marriage (from the date of marriage to the date of separation) is community in nature. in other words, 1/2 of the debts are yours regardless of whether you or your husband actually incurred the debt. The next question is...
1 person marked this answer as helpful