Stephanie Farr White’s Answers

Stephanie Farr White

Simi Valley Family Law Attorney.

Contributor Level 14
  1. Fining of no domestic violence

    Answered over 4 years ago.

    1. Stephanie Farr White
    1 lawyer answer

    If you are asking how you get the temporary restraining order off your "record" -- that should be accomplished when it is dissolved if the final order is denied. If you are asking how to get the request for a temporary order off the court record, it can't be done. If you are asking how to get a criminal charge removed when the civil restraining order was denied, you should seek the assistance of a criminal attorney. Stephanie White THE LAW OFFICE OF STEPHANIE WHITE Simi Valley, CA...

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  2. Child support after 12 years

    Answered over 4 years ago.

    1. Stephanie Farr White
    1 lawyer answer

    Even if you earn more if you spend the majority of time with the child(ren) you may have been owed child support. You cannot request back child support that hasn't been ordered. You can request you be paid child support. There is a formula for determining how much child support is owed. It is the basis for several computer programs (some counties have different programs). You can input your financial information (and his) into the program along with the amount of time the child(ren) spend...

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  3. Is there a way i can change my sons lastname to mine?

    Answered over 4 years ago.

    1. Stephanie Farr White
    1 lawyer answer

    Assuming your son is still a minor, you can petition for a name change. His father will have to be notified about the petition, and he has the right to show up in court to challenge the request for the name change. Changing a name does not change parentage, and so his father would continue to be responsible for child support. 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...

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  4. Can a father come over and take the child from the mother?

    Answered over 4 years ago.

    1. Donald Andrew Hansen
    2. Stephanie Farr White
    2 lawyer answers

    Parentage actions are always kind of tricky. Can he take the baby from you? No generally. Police officers are reluctant to force the enforcement of visitation. Can he keep the baby from you? Similar to the last answer yes, because if the baby was in his custody and there is court paperwork declaring him to be the father then absent a court order to the contrary, they would not remove the baby from his custody. In short, get custody paperwork done as soon as feasible. Stephanie White...

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  5. Verbal abuse and death threat by Co-worker!

    Answered over 4 years ago.

    1. Stephanie Farr White
    2. Michael Robert Kirschbaum
    2 lawyer answers

    An award is not evidence of someone being a non-violent or non-harassing individual. If he said this to you, your supervisor can be subpoenaed to testify on your behalf. In addition to filing a civil harassment restraining order you might consider filing a complaint against him at work as well. 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...

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  6. Will I get into legal troubles if I foreclosed with HELOC as my second mortgage?

    Answered over 4 years ago.

    1. Stephanie Farr White
    1 lawyer answer

    Potentially yes. If the HELOC was not structured as a true 2nd mortgage (a "purchase-money mortgage") but rather as a line of credit which you happened to tap to act as a 2nd mortgage, then you may well get hit with a deficiency judgment from the HELOC following foreclosure. There are ways to stave off the damage of your situation. You may wish to consult a bankruptcy attorney to see what options he/she might have that would be beneficial in your situation. Stephanie White THE LAW...

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  7. Who will get custody of my 1 year old child?

    Answered over 4 years ago.

    1. Mark Brian Baer
    2. Stephanie Farr White
    2 lawyer answers

    No one can answer that question except you and your husband or the judge. There is no reason that merely being unemployed would cost you custody of your child -- it cannot be awarded on financial basis as that would be discriminatory. Chances are you would have a better chance keeping custody as your navy officer husband will likely be on duty again. It would be in your best interest to seek out the advice of a local attorney -- many offer free consultations. Stephanie White THE LAW...

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  8. Spousal Support question

    Answered over 4 years ago.

    1. Stephanie Farr White
    2. Mark Brian Baer
    2 lawyer answers

    The initial financial situation following separation is always a bit of a compromise and agreement until a court decision can be made. There are certain restraining orders that require you to do certain things (stay in California with the children) and continue to pay for certain things (active insurance policies). But there is no set manner in providing for housing, etc. Following the date of separation, all monies earned by each party is their separate property. Thus, if you use your...

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  9. Alimony, Property in Long Separation Cases

    Answered over 4 years ago.

    1. Stephanie Farr White
    1 lawyer answer

    So far as property is concerned, the date of separation is the date after which all property obtained is separate property. Thus, under the scenario you presented, it would seem that the only community property would be that obtained prior to 2002. There are several factors that could compromise this assumption -- for example if the two of your reconciled any time in the interim. Stephanie White THE LAW OFFICE OF STEPHANIE WHITE Simi Valley, CA www.805Lawyer.com DISCLAIMER:...

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  10. Grandparents custody

    Answered almost 5 years ago.

    1. Stephanie Farr White
    1 lawyer answer

    You can petition the court for guardianship of the minors. This takes the kids out of state control and off the state pocketbook, without severing parental ties if the parents should desire/petition for custody (which is another procedure and not guaranteed). If the courthouse near you has a self-help center, they can help you file the paperwork. You may be helped additionally with the assistance of an attorney who can help you obtain guardianship

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