Brenda Lynn McCune’s Answers

Brenda Lynn McCune

Brea Divorce / Separation Lawyer.

Contributor Level 8
  1. Divorce

    Answered over 6 years ago.

    1. Okorie Okorocha
    2. Douglas Scott Srulowitz
    3. Matthew Adam Breddan
    4. Brenda Lynn McCune
    4 lawyer answers

    The question about "time limit" or "date" you ask is one that is answered by the Judgment on Marital Dissolution. You must obtain a copy of that document in order to answer that question. However, it sounds as though she obtained a dissolution judgment while you were incacerated, and likely by "default". It is also likely that in the default judgment, i.e. a proceeding that would have occurred in your absence, she requested of the judge that the spousal support obligation owed to either of...

    2 lawyers agreed with this answer

  2. Respondent to a restarining order trail.

    Answered over 6 years ago.

    1. Kelly Chang Rickert
    2. Stella Espinoza Browne
    3. Brenda Lynn McCune
    4. Lawrence Neil Rogak
    4 lawyer answers

    The issuance of a restraining order against you is a very serious occurence. I agree, in that there are really no "tips" that will help you here. Proceeding on your own is a very unwise and precarious undertaking. The ramification of having a restraining order issued against you in the state of California are far reaching and include but are not limted to, absolutely having any court consider the "finding" of domestic violence against you in any child custody matter for the next five years,...

    2 lawyers agreed with this answer

  3. Do I need anything aside from my sons passport to leave the country if we arent divorced yet?

    Answered about 5 years ago.

    1. Brenda Lynn McCune
    1 lawyer answer

    It is VERY important at this time that you do NOT leave the country without specific written consent of your husband. You should even consider getting a notarized signature agreement from him, and keep a copy of that written agreement with you at all time as well as your son's passport, while you are in Mexico. We are all aware of how vigorously law enforcement pursues "AMBER ALERTS" here in California. That would be my concern. Even if you tell him, and he agrees verbally, he could later...

    1 person marked this answer as helpful

  4. Could i get full custody if husband left me and my kids

    Answered about 5 years ago.

    1. Brenda Lynn McCune
    1 lawyer answer

    Well, he does not automatically "lose" custody. He will however have a hard time showing the court that it is in the best interests of the children, or that it promotes the children's "stability and continuity" to be placed with him. Custody generally flows in the manner that will preserve the "status quo" unless the children are in danger. You have clearly been the primary caretaker, he has clearly not taken their interests in needing him around when he left. So, the likely outcome is that...

    1 person marked this answer as helpful

  5. Can my ex husband file s child support from me when they are not currently residing here in the USA.

    Answered over 3 years ago.

    1. Brenda Lynn McCune
    1 lawyer answer

    Yes, he can obtain child support as he clearly has custody of your daughter. You will need to seek an order for custody and visitation. You can modify the order giving him sole custody, the court continues to have jurisdiction to change the custody as long as your daughter is still a minor. The court, when hearing the request for child support, will not penalize him, or give him a lower amount of child support just because you argue that he keeps your daughter from you. He has apparently...

  6. I never opened a case with child support, I had a judgement and he owes back support my daught just turned 18, too late? HELP

    Answered about 5 years ago.

    1. Brenda Lynn McCune
    1 lawyer answer

    Under the laws of the state of California, there is no time limit on collecting your past due child support. Also, Department of Child Support Services, provides services to families neding or paying support, with modification and enforcement of orders, including collecting the principal and interest on past due amounts. I am not aware of any law that prohibits you from OPENING a case with Department of Child Support Services, BUT I have been advised by representatives from child support...

  7. Can alimony be reduced when the payee gets remarried?

    Answered about 5 years ago.

    1. Brenda Lynn McCune
    1 lawyer answer

    In each state it is different, but generally the fact that the payor is getting married will probably NOT help him obtaining a lower amount of alimony, or also called spousal support. The fact that the recipient spouse is cohabitating is important and in some states creates a presumption that her need for financial assistance is reduced. This is not automatic, and my experience has been that many judges are hesitant to lower support on these facts because the new boyfriend is not a legal...

    2 people marked this answer as helpful

  8. Does child support stop if residential custody of the children shift from one parent to the other

    Answered about 5 years ago.

    1. Brenda Lynn McCune
    1 lawyer answer

    Support does not modify automatically in most states. You must take some action to get it changed. You will likely get credit for the time that the kids were with you and you were still paying, but that legal obligation must be corrected and changed by a court. Child Support enforcement is a very serious matter and when these issues are not dealt with at the time they occur, there are far reaching, long term implications and financial consequences for the obligor parent. It is critically...

    1 lawyer agreed with this answer

  9. Can I take my 13 year old son to St. Louis from Florida while divorce proceedings get started. Since he is thirteen, can he have

    Answered about 5 years ago.

    1. Dennis Michael Phillips
    2. Brenda Lynn McCune
    2 lawyer answers

    In most states you may not take the child out of the state once the action has been filed, without a court order permitting it, or written permsision of the other parent. The best thing to do would be to communicate with the other parent, the nature and information related to the trip. You could do this via email, and obtain the other parent's consent. If the trip is reasonable, and the other parent withholds their consent, then you will have that evidence to present to the court when you...

  10. I have custody of our 3 kids ages 11, 15, 17. My question the kids dont want to talk do i have to answer the phone?

    Answered about 5 years ago.

    1. Brenda Lynn McCune
    1 lawyer answer

    The technical answer to this is that if there is a provision in your court order for telephone contact between the children and their father, you may be in violation of that provision. Many court orders have provisions that say the children will have reasonable telephone contact, or contact for a specfic schedule. So, wihtout more information, it is difficult to give you the precise answer. However, the children should be talking to thier dad. The issues between you and their dad are not...