Skip to main content
Barry Ira Besser

Barry Besser’s Answers

84 total


  • Can i have my arrears modified

    can i have my arrears modified they were misscalculated kids are adults now but i still have huge debt over my head when they should have adjusted it years ago when they were garnishing my unemployment checks

    Barry’s Answer

    What proof do you have to show the miscalculation, and why did you wait?

    See question 
  • I filed for divorce..my husband is a overseas contractor making about 155 a yr, i have full custody of 5 kids

    he changed his pay , opened his own acct and made our joint acct negative . he wanted me to sign a stipulation but i refused to . is it fair that he is wanting me to sign a stipulation that gives me only half of his income when i have bills and...

    Barry’s Answer

    When you say that you filed for divorce, you don't indicate whether you filed it yourself, or that you are currently represented. I am going to assume that you are currently representing yourself. It sounds like you definitely need an attorney in your corner. However, I would need more facts to determine what the guideline support should be, along with spousal support. You didn't indicate whether you have a job, so I am going to assume that you don't. Please contact someone without further delay.

    BARRY BESSER
    www.besserlaw.com

    See question 
  • How can I get an expert in family law that will will have the roll as an appearance attorney and adviser.

    I'm am going through a high-conflict divorce which has wiped out most of my savings. I'd like to take the case on myself (pro per) but I need a lawyer to come to trials and act as an adviser. Where can I find one?

    Barry’s Answer

    You are still talking about someone that will have to review everything, etc. If this is truly high conflict, you are probably better off being fully represented. Does the other party have representation?

    Barry Besser

    See question 
  • If California is a community property state, then does this mean that I have to divide our property that is solely under my name

    I purchased a home after our marriage and it is soley under my name only. The property is in Virginia and we are currently living in California. Do we have to divide the property equally if we were to get divorce? Also, if the home is worth 400,00...

    Barry’s Answer

    Mr. Montgomery is correct. In addition to what he had to say, if that property was purchased solely with separate property funds, then in all likelihood, it would be considered your separate property. It doesn't sound like that was the case. Now, if you put separate property money into the downpayment, you may be able to get that back off the top, before dividing the remainder of the proceeds. In any event, it is strongly recommended that you hire an attorney to represent you to make sure that all of your right are protected.

    BARRY BESSER
    www.besserlaw.com

    See question 
  • We both want to file for a divorce. little to no assets, money. no kids. been marrice 24 yrs what time frame and how much

    we have both aggreed to getting a divorce. been married 24 years. no 401k or retirements to speak of. No assets, Kid is over 20. If there is no issue how much and how soon can this happen. i want to move on with my life and end this chap...

    Barry’s Answer

    If you want to attempt to do this yourself, my colleagues are correct, however, you have a long-term marriage, and while potential clients often come in thinking that something is going to be simple, often times, it is not, and they need proper representation to make sure everything goes smoothly, even if the matter is resolved amicably. My minimum retainer would be $1,500.00, plus costs. As one of the other attorney's indicated, currently the filing fee alone, (cost), is $435.00.

    BARRY BESSER

    See question 
  • Parental Kidnapping? What to Do about legal custody when out-of-state, and still legally married?

    In August 2011, my friend's wife told him that she was going to help a friend move to Texas, taking their son with her, and that she'd be back in 2 weeks. Long story short, she is still in Texas with their son. He wants desperately to be a part of...

    Barry’s Answer

    Here's the problem. Once she has established residency for at least 6 months straight with the child in another State, that State has jurisdiction to hear custody/visitation issues. Therefore, you would have to either hire a lawyer in Texas, or take a chance by filing here in California, having her served, and hoping that she and/or a lawyer that she would hire, would not challenge jurisdiction. It would also help if you have anything in writing, such as letters, emails, or texts, protesting the fact that she took off under false pretences, etc.

    BARRY BESSER
    www.besserlaw.com

    See question 
  • Can my husband get full custody of my child based on my disablility of seizure?

    He left me after got here in the US 2 months , he got his greencard and ss# and desserted me and my 2 WEEKS old baby with out letting us know where he live, it has been 2 months past he hadn't come to visit the baby. I asked him many to come back...

    Barry’s Answer

    He can always try to use your disability against you, however, based on what you have indicated so far, it is doubtful that he would prevail. Since you do have a child, it is recommended that you have an attorney representing you on your case to make sure that everything is done right.

    See question 
  • Recently a judge ruled in favor of my son's father. Giving him every other weekend (first, third, fifth)

    and every other wednesdays as overnights (second, fourth) and every wednesday visits after school until 7pm. Ontop of approving a last name change from my maiden name to a hyphenated name. Our son is about to turn 6 and is will start 1st grade t...

    Barry’s Answer

    All of the others that have already answered your question are correct. It sounds like you were not represented at the time of the hearing, even though the ruling is not out of the ordinary. As another attorney has stated, you are best off keep very good records, photographs, etc. that may be used to provide proof of a change in circumstances that would be sufficient for a later hearing to modify the custody/visitation order.

    See question 
  • Request for Production of Documents to fight child support modification

    I was served with a modification request that has huge add-ons. I want to serve a Request for Production of Documents to show these are made-up or at least grossly exaggerated. I want to request bank statements, child care receipts, educational ex...

    Barry’s Answer

    Yes. I would ask for all of that. However, it would appear that you should probably have an attorney represent you to make sure that you are doing eveything right.

    BARRY BESSER
    www.besserlaw.com

    See question 
  • Can I resubmit my divorce papers after being divorced for two years,he served me from Az,and I have been living in Calif.

    When I found that he was cheating on me,I didn't know what to do,he left the household for some while,he abandoned me ,and left me with my two dogs,and gave me a time frame to leave the house hold, In Arizona,I had to leave a lot of my herilooms, ...

    Barry’s Answer

    Your questions is too vague. If your matter was filed in Arizona, you will need to consult with an attorney in that State. If it was filed in California, you will need to consult with an attorney near the courthouse where the matter was filed. Also, based on your question, you appear to be indicating that you are already divorced. Therefore, you would need to show someone the divorce paperwork to be able to determine exactly what happened.

    BARRY BESSER
    www.besserlaw.com

    See question