Barbara Kay Hammers’s Answers

Barbara Kay Hammers

Santa Monica Family Law Attorney.

Contributor Level 8
  1. Can I request an accounting from my lawyer regarding his costs and fees

    Answered about 6 years ago.

    1. Gerald Gould Knapton
    2. Barbara Kay Hammers
    3. David Carl Beyersdorf
    3 lawyer answers

    Your attorney MUST give you a detailed accounting of his billing/fees upon your request. I would send the request in writing and give him a set time to respond (say 10 days or so). The State Bar requires that he not charge an "unconscionable fee" and remember, if you find his billing unreasonable or he refuses to give you details about his billing, make an offer to compromise. Most attorneys will accept less to avoid complaints or problems if they know their billing practices are questionable.

    2 lawyers agreed with this answer

  2. I had a restraining order from my wife and she's filling for full custody of the child, im not the biological father

    Answered over 2 years ago.

    1. Nadine Marie Jett
    2. Hillary Johns
    3. George Baker Richardson
    4. Barbara Kay Hammers
    5. Edna Carroll Straus
    5 lawyer answers

    I would agree that it is difficult to contradict the advice of an attorney who is more familiar with the case, and your facts are somewhat gray. You don't say how old your child is and whether you and your wife were living together when he was conceived or born. The reason this may be important is that there is a conclusive presumption under Family Code Section 7540 that a man is the natural father of a child if the mother of the child is living with the husband, and he is is not impotent or...

    1 lawyer agreed with this answer

  3. Is accrued sick time a community property asset in family court?

    Answered over 2 years ago.

    1. Hillary Johns
    2. Barbara Kay Hammers
    2 lawyer answers

    There are certainly more questions to be answered regarding your particular circumstances. However, generally speaking, if the right to the benefit was accrued during the marriage (defined as between the date of marriage to the date of separation in California), it is a community asset and subject to division by the courts. You at least have a good argument that this asset was undivided at the time of your divorce, or, if your divorce is not final, that it is a community asset that should be...

    1 lawyer agreed with this answer

  4. FILEING FINDING AND ORDER AFTER HEARING AFTER THE DATE THE JUDGE TELL YOU IS YOUR JUDGEMENT STILL GRANTED

    Answered over 2 years ago.

    1. Donald Frederick Conviser
    2. Barbara Kay Hammers
    3. Edna Carroll Straus
    3 lawyer answers

    The short answer is yes. Although you did not follow the judge's instructions to file the order after hearing, it still needs to be done. The reason for this is that when a judge orders a formal order to be prepared, the ruling is technically able to be changed by the judge and is not a final order until the written judgment is submitted and signed. This is important for many reasons including the time frame that begins running for the purpose of an appeal. The Judicial Council has forms...

    1 lawyer agreed with this answer

  5. What am I supposed to do about papers filed three months ago of which I knew nothing?

    Answered over 3 years ago.

    1. Susan L. Jeffries
    2. Barbara Kay Hammers
    3. Mary Elizabeth Milek
    4. Brian Elliott Arnold
    4 lawyer answers

    It doesn't matter when it was filed, only when it was served. You have 30 days from the time it was served to file a Response. If you don't file a Response, the other side will be able to seek a default judgment against you.

    1 person marked this answer as helpful

  6. SSDI Auxiliary benefits

    Answered over 3 years ago.

    1. Barbara Kay Hammers
    2. Celeste A Johansson
    2 lawyer answers

    Family Code Section 4504 states that it will only off-set the dollar for dollar payment from federal benefits the NON-CUSTODIAL parent receives from their own benefits. If you have custody and the benefits are from YOUR benefits, it will not off-set the non-custodial parent's obligation to pay support.

    1 person marked this answer as helpful

  7. Can i appeal an adverse ruling on a Restraining Order?

    Answered over 4 years ago.

    1. Barbara Kay Hammers
    1 lawyer answer

    Yes. You can appeal the denial of a TRO. The process is technical and you have a time limit. Do a cost benefit analysis as the process can be very expensive. Also keep in mind that you can always bring another request for a restraining order if the person continues to threaten or harass you.

    1 person marked this answer as helpful

  8. What do you do when minors counsel is not responsive and misrepresents herself.

    Answered over 4 years ago.

    1. Barbara Kay Hammers
    1 lawyer answer

    The role of Minor's Counsel is to represent the interest of your children in court. Sometimes Minor's Counsel is not clear about their role or may overstep the role they play. Family Code Section 3151 sets forth the role of Minor's Counsel. Minor's Counsel must also have particular training and be appointed by the court.

    1 person marked this answer as helpful

  9. How can I change my sons name..

    Answered over 5 years ago.

    1. Richard Forrest Gould-Saltman
    2. Barbara Kay Hammers
    3. Judith Ann Routledge
    3 lawyer answers

    It appears from your comment that the "state" did the paternity test that a paternity case has been opened. If that is so, the court can order that the name and birth certificate can be changed. It would be best if you had an attorney help you with the process.

    1 person marked this answer as helpful

  10. I filed for divorce on my own - husband didn't respond, I entered a request for default. The 6 month mark is in a few days.

    Answered about 2 years ago.

    1. Donald Frederick Conviser
    2. Barbara Kay Hammers
    3. Margaret Davalene Wilson
    3 lawyer answers

    There is more paperwork to file to get your divorce done. You need to make sure you submit property declarations, a declaration regarding service of the preliminary declaration of disclosure, a declaration re default, a proposed judgment and a notice of entry of judgment. There may be other paper work to submit depending on the issues in your case. You can find more help by going to our http://www.hammersbaltazar.com/practice_self-representing-support.htm lpage on our website at www....

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