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Simi Valley Family Law Attorney.
Insurance is one reason that particularly military couples choose to go the path of Legal Separation rather than that of Dissolution. Under Legal Separation, the marriage remains intact and your insurance benefits would remain. Those benefits go away upon finalized dissolution.
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If he has not filed a default in the case, you can STILL file your answer (the 30 days is more of a guideline for when the moving party may file for default than a strict limit on when you can answer). Even if he has filed for default, your being in the hospital may be good cause to have a default set aside. If you file an answer, you are "appearing" in the case, and the judge can base any decisions on what BOTH of you have to say instead of only having your husband's side to listen to. To...
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No judge can order a mother to stop breast feeding. The judge can limit the consideration he/she gives to the child's needs to be breastfed. You may wish to reconsider the manner in which you are setting up the other party here. Your leaving her without a home to which she has rights would only go to show you to be devious and disrespectful of agreements. Your threat to get her to leave in 30 days or you would file against her would also be considered extortion and the misuse of the court...
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A crime? yes. It is immigration fraud. The penalties are federal and include prison time. Stephanie White THE LAW OFFICE OF STEPHANIE WHITE Simi Valley, CA www.805Lawyer.com DISCLAIMER: The above is not legal advice nor does it establish an attorney-client relationship with the person posting the question or any person reading the above. There is no attorney-client relationship between any reader and this writer or her firm. These comments are not subject to any privilege...
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It's interesting that you say the grandfather has custody. Although this is possible,it is more likely that he would have guardianship, and there is a huge difference between the two. Custody is handled through family court while guardianship is handled through the probate court. In California, custody can be modified, but a guardianship either is or it isn't (either it exists or it is terminated). I don't mean to not answer your question, but the two arenas have such vastly different...
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What does your contract say? In working in a custom business, your contract should reflect the custom nature and the non-returnability of each piece. When working with something distressed it would be in your interest to have a written description of what distressed means in your contract. If she takes legal action, she will have to prove the dent shouldn't be there, and you will have to show that she should have been aware it would be there. Can she win? sure. Will she? it depends on...
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I would be cautious thinking this is more than it is. The fact is, you are mom, and until he marries you (prior to the birth of your child) or claims his legal rights as father, he has NO rights. He might be afraid you're leaving. One way or the other -- together or separate, he is protecting himself, your child, and in many respects you by taking action to be legally recognized as your child's father. It sounds like all is going swimmingly with your little family, this is not an action...
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The reason for your divorce (his cheating) is not relevant to the court because California is a no fault state. If your court order says he pays, then he pays. If you did not sign a stipulation that was entered with the court to accept no support for those months, the Court still sees that he owes you that money, and he is in arrears. You can go to DCSS in your county (through the district attorney's office) and seek back child AND spousal support. They will garnish his wages. Unless and...
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To begin, thank you for all you are doing in Iraq. Do you have to pay alimony? Yes, but you can ask for a modification. Typically you would have to pay until the end of the period (should be stated in your final judgment) or until she remarries or dies. Once the divorce is final you will need to pay alimony per the terms in the divorce. Regarding child #2: if that child was born while you were married, the law presumes the child is yours, and you would be made to pay child support for the...
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If you are under current court order to pay child support, you will be held responsible for paying that child support. It is difficult for agencies to garnish the self-employed. If you asked for child support modification when you filed for custody and you win your custody case, you would stop owing custody the first of the month after you file, and support would be due to you on that same day. Stephanie White THE LAW OFFICE OF STEPHANIE WHITE Simi Valley, CA www.805Lawyer.com...
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