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Donald Wayne Werno

Donald Werno’s Answers

49 total


  • How will CPS know that I had my baby. Can they put a hospital hold on my baby before its born??

    I'm CPS involved I still have an open case they are trying to terminate mine and my husbands service's due to them saying we failed our 60 day trial how does all this play out with our new baby I'm already in my last trimester ...

    Donald’s Answer

    They won't put a hold until your child is born. Your question omitted a number of really important facts like why CPS got involved. I am going to guess that it was drug use and that the failure of the 60 day trial was as a result of a dirty test. In any case, if your newborn tests positive for drug exposure, CPS will get involved and take custody of your baby pending the outcome of future dependency court proceedings. CPS will usually issue a hospital hold once you go into delivery but after your child tests positive. If drugs were not the issue then CPS can still place a hold if they feel that your baby is at risk. You should use this time to consult with a qualified attorney to discuss your options. Also any CPS plan for your baby could end up being very different than the plan for your other children.

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  • What's the legal time that I have to wait until my ex wife produced the kid for visitations

    My court paper's say she has to produce the child by 4:30 I get there at 4:45 due to my work schedule & she makes me wait until 5:30. How long do I have to wait until I can leave and tell the police she didn't produce the child and/or leave and fo...

    Donald’s Answer

    There are some additional things that I would need to provide an exact answer and looking at your actual order would be helpful as well. I have no idea why your ex it's making you wait the 45 minutes, but ask yourself this... At what point would a Judge think you waited long enough and that she is just playing games... If I knew who your Judge was, I could give you some insight as different Judges have different feelings about the issue.

    Ok, to give you some guidance, I would suggest that you document your arrival time, how long you have to wait before getting your child and the reason she made you wait. I would also make sure that you communicated to her every time you are running late and finally I would send her a polite email describing the ongoing problem to see if you can work this out civilly without having to go back to court. Be very nice in your email, that way if she writes back with a flame mail, you can attach it to your next court papers to say see... This it's what I am dealing with.

    I would wait 45 minutes and then go to the police department, but I would also send her a polite email every time she it's late to show you have been making reasonable efforts to solve this problem as well.

    If after a couple of months (3) she does not get it together, then I would consider returning to court.

    Hope that helps.

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  • Man buys a home in CA his girlfriend moves in 3 yrs later they marry after 5 yrs they sell the house jointly buy another CA home

    divorce 10 yrs later. Is the house 50/50 community property?

    Donald’s Answer

    Maybe. Not enough facts to provide a definite answer. Among the things that need to be considered is the down payment - did one party use their own separate property money with the intent that it would remain separate or was all of the money community property when it was paid. Was the prior money transmuted (a legal term for changed form from separate property to community property) prior to becoming a down payment. And so on...

    There are lots of good cases in California that can be used to give you a definite answer, but without more, I simply can't. Sorry.

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  • Ticket for tinted tail lights

    I got a ticket for having my tail lights tinted in CA. Officer that pulled me over said he was going to write up a fix it ticket for me. I removed the tint and had the ticket written off by CHP. When i went to court to pay it, the lady at the coun...

    Donald’s Answer

    Yes. I can think of at least two ways. The first is to have the case sent in the department (I think it's C46) and discuss the matter with the Judge. He/She may be willing to resolve the matter right then and there as you have a good explination. If not, the Judge will most likely allow you time to consult with an attorney or may offer you some other options. There is an attorney named R. Allen Baylis who does nothing but traffic matters. You can contact him here http://www.99nofine.com/ for some advise before you go to court.

    Hope that helps.

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  • I know the court can go back and assign child support to me but what about back support? Would I be obligated to pay all the

    my ex and I have a stipulation and order for child custody/visitation. In regards to child support it says neither party shall pay child support, etc. and then the ending line states "and the issue of child support is reserved". I know the c...

    Donald’s Answer

    Your question in a little convoluted, but I think you are asking if you will have to pay interest on a support amount not yet ordered. Interest only accrues once an order has been made and then not paid. In that case, the interest accrues at 10% per year.

    I hope that answers your question.

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  • I have a (I think) quick question: My mother filed a DV restraining order against my husband, who lives with me and 3 daughters.

    She listed the girls and I as other parties in the RO, saying that we would be residing in her house soon. I have no intention of residing in her house and I did not want a restraining order against my husband. Does he need to leave our apartment ...

    Donald’s Answer

    The first question is was her request for a Restraining Order granted and if so, were the girls listed as protected parties. If so, then I would advise your husband to not violate the order even if it means that he has to stay elsewhere until things get sorted out.

    If not, then I would suggest that he file the appropriate response (I am assuming that it's a civil restraining order) and that you also provide a sworn Declaration that you will not be living with mom.

    Restraining orders are not valid until personally served upon a restrained party, so if he did not get served, he is not yet restrained.

    Make sure that your husband files a response (if he is served) and that he appears in Court with his witnesses as this may end up being a big deal if a restraining order is granted. Also seeking help from a trained attorney may be entirely appropriate.

    One final thought... This is your mother, is there no way to work things out without going to Court. Presumably she wants to keep seeing her grandchildren and you want them in her life...

    Good luck and I hope this helps.

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  • What % of my $200K/YEAR pay should I expect to be Alimony after 25 years of marriage in CA with my wife being a homemaker?

    Worked for 31 years with same company with income about the same +/- $20K for the last 8 years. Slightly higher in the prior 5 years to that.

    Donald’s Answer

    There are a few specifics that your question did not provide, so I can only give you a somewhat generic answer. Sorry for that.

    Because your were married for more than 10 years, your marriage is considered a "long term marriage" by the Court, thus entitling your spouse to support for potentially up to the remainder of her life.

    Generally speaking, using the Santa Clara County spousal support formula (that many Court's use, including Orange County where you appear to live), support is derived by subtracting 50% of the lower wage earner’s net income from 40% of the higher wage earner’s net income, with appropriate adjustments for tax consequences and other allowable credits.

    Because there is so much at stake, it would make sense for you to make an appointment with a competent family law attorney who can enter your numbers into either the DissoMaster or xSpouse program. By making an appointment, the attorney can ask you specific questions about potential deductions and credits that you are entitled to thus giving you a more accurate temporary spousal support number.

    Also, it is important for you to know that any support amount calculated by a program will be for temporary spousal support. Permanent support will be calculated by the Court using the factors found in Family Code 4230 of which there are several. Here is a link to a webpage that discussed Spousal Support in detail, including the 4230 factors. http://www.esqlaw.com/subpages/spousal-support

    Regards.

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  • Who is responsible for repairs caused by the fire?

    I have a camping 5th wheel trailer that was parked on a property. There is a vacant lot next door, which is the same owner. There was a fire on the vacant lot in which my trailer substained heat damage. Who is responsible for the repairs needed to...

    Donald’s Answer

    There are a number of very important facts that your question did not provide, such as how your trailer came to be parked on the property in question (were you renting space, illegally parked, etc). Without more information, my answer will have to very general and thus incomplete.

    You might start by asking the landowner if they have insurance that will cover your loss. Additionally, I would consider tendering the loss to your insurance company and let them figure it out. If you are not at fault, then typically there will be no deductible. Also, if you delay in alerting your insurance company they may be able to deny a later claim according to language that may or may not be in your contract.

    As you can tell, there are quite a number of potential answers depending upon the exact specifics of your case. I am sorry that I could not provide a more detailed answer.

    I hope this provides some help.

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  • How do I take care of my failure to appears for traffic court?

    I paid off my failure to pays which was $3400 to the department of revenue.

    Donald’s Answer

    Just to add a little bit of information, in my experience, Judges are far less interested in arresting people who have made good faith attempts to resolve their problems, pay their fines and who come to Court, even when a problem has arisen. The Judge will not be happy about the FTAs, but will be happy to see you, in Court to take care of them. If you want to be completely safe, you can hire an attorney to go to Court for you, but I think you will be ok, at least based upon the facts that you provided.

    Good luck

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  • What kind of dismissed cases will show up on livescan??

    i was charged with a felony H&S 11350(b) posession of a controlled substabce in 2005. completed PC 1000 program.and case was dismissed. will that show on a DOJ & FBI livescan?? requested by an elementary school for my child's camping trip??

    Donald’s Answer

    You arrest will show up, but since there was never a conviction (given that the charges were dismissed), that should be it.

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