I was never married to my children's mother. I pay child support. It has been late before due to job changes. My children live with their mother. I am planning on moving alone and not taking the children. Can the California state courts ever p...
The only concern would be whether there are restrictions to where you can take the children. Sometimes there are restrictions written in that you can't take the children outside the contiguous 48, or even smaller, like the State of California or even Southern California. Check your current order to see that you are in compliance with that order. You yourself can move wherever you please.See question
2640 Claim: I bought a house in February of 1999 with my fiancé. I used my funds, $100,000, to pay down the loan of $510,000 when we closed escrow. My fiancé paid $5,000. We were married in August of 1999. Our divorce started in 2013. We just sold...
If it is a 2640 issue, the reimbursements to each party are taken out first, then the remaining proceeds split. I don't know how anyone is being reimbursed if you please both contributions - that makes no sense. If you don't trust your attorney, then perhaps it is time to find another?See question
Spouses divorced in 2002 (finalized). Custodial parent has 100% custody. Case was originally opened and closed almost a decade ago by child support services with no formal court order (spouses decided to work it out). Custodial parent has reopened...
Unless you were ordered by a court order to pay child support and did not, the child support request can only go back to the date she files her RFO with the court. Sometimes if they can't find you, the court could make an order in your absence, which is often what happens when I see large arrearages owed. Once she files, you could owe money from that date until the time when it is actually heard, so you need to prepare for that. I usually tell my client to set aside money so they won't instantly be in arrears when the order is made. Even if you don't do that, however, you can ask the court to pay an additional amount each month that goes toward the arrears. The whole problem with owing arrears is that they can incur interest at the legal rate of 10%. If the amount owed is large enough, that can create a huge hole that is difficult to dig out of.See question
Can Child therapist who is getting paid by child medical, make recommendation against 730 report While my son told her many times that is Bias against his dad, Should I report her to the board and to Medical ?
The court is not likely to go with a therapist of the child over someone they appointed as the 730 evaluator. While the court has to make their own decision independent of the evaluator, they do rely pretty heavily on these evaluations.See question
My ex has taken our child to a therapist due to behavior problems. Without my consent our child was removed from his provider and switched to a new one who is refusing to provide information to me without my exes consent claiming it is a conflict ...
You probably need an attorney to get involved. I have had to intervene in similar circumstances with medical doctors. I basically gave them the option of interacting with both parents, as the other parent is NOT their client, therefore no conflict, or else stop seeing the child. If they refuse both options, I will file a motion and subpoena them to court to answer about this alleged "conflict." Hope they can afford to take a day off...See question
is in a relationship on her social media page, facebook. Should I try to get a print out of this to take to court. I have seen her walking around our neighborhood with this other man and have pictures of them together at a local fast food restaurant.
Your response should have been filed with the date of separation you believe to be accurate. I hate to sound insensitive, but it doesn't matter how poorly she treated you or if she cheated on you. The court does not want to get into any of that. You should meet with an attorney to find out your rights, figure out why she picked that date as the date of separation (maybe she won $1 million in the lottery on 3/2/15?) who knows. You need to focus on protecting your rights at this point - don't worry what she is doing. You don't want to get a domestic violence restraining order filed against you for harassing or stalking her and taking pictures (whether true or not). Don't give her the opportunity to cause you more harm.See question
What are Defenses to disturbing the peace for a domestic violence restraining order?
Yes, the hearings are different. Be aware that the consequences, while not jail time, are serious. A permanent restraining order would be entered into the CLETS system, which would cause the issue to come up in a background check. This could affect future employment. Take this serious and hire an attorney.See question
Ex takin me back to court, paperwork states 39 things that she has a problem with&feels that she should have more time. She wants me to only have every other weekend and one weekday dinner. All his reasons are all untrue and nothing that she coul...
You can request your own schedule in your response. I am not sure that sharing a room with her is an issue, because here in Orange County, housing is very expensive. Sharing a bed is different. Most judges here are concerned about the child having their own bed. I would suggest that you set up a free consultation with an attorney, make sure you like them, then have that attorney represent you in court. You want to ensure you receive the best possible outcome.See question
My son will be 14, his father verbally abused his now 24 y/o sister to where she has not contact. His father verbally abuses him on every custody visit as well as allows his friends to yell and scream at him too. He is belittled by his father. ...
Under CRC 5.250(c)(2) your son should be allowed to testify regarding his desire. See the link below. I would suggest you retain an attorney to assure the most favorable outcome in your case. I would also suggest getting your son in therapy as soon as possible.See question
Can I take my son on a vacation to Florida if we have no custody agreement
You should try to work this out with Father, because it can go ugly all kinds of ways - I've seen it. He could file an ex parte while you are gone and appear at a hearing to request sole physical custody which will go unopposed, since you will be in Florida. He can show up with the police when you get back and insist that the child be handed over to him. Then you would have to wait until the hearing 3 weeks after the ex parte to explain, and take a risk of not seeing your child in the meantime. You really should file a Request For Order (RFO), not ex parte because you won't qualify for an emergency order, to request a custody and visitation schedule that allows you to take the child out of the State for vacations for certain periods of time upon providing the other parent with itinerary and emergency contact information.See question