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Stephanie Farr White

Stephanie White’s Answers

340 total


  • Evidentiary hearing in a divorce case

    How do i request an evidentiary hearing in a divorce case? My wife has made many false statements in her declarations throughout our case and I want bring witnesses and documents to court to prove how she has been lying and manipulating the court.

    Stephanie’s Answer

    If the statements were made in her request for order, you can attend the RFO hearing and ask for an evidentiary hearing. If they have been made more generally, the issue can be heard at trial where you can bring evidence and witnesses.

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  • Do I need to respond to my ex-husbands response to declaration?.

    I have requested a change of venue and the court hearing is in five days. My ex-husband just served me with a response to the change of venue, which lists items which were not addressed in the venue request. My ex-husband and I live in the same co...

    Stephanie’s Answer

    Replies are not required. You should be allowed to argue the issue at your court hearing. As for the items not addressed in the venue request, to the extent that they are entirely separate (child support or attorney fees for example), he should not be able to have those addressed. Courts are supposed to limit discussions to the matters addressed in the moving papers.

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  • How many days do I have to respond to a order to show care and affidavit for complaint? or should I just show up to court?

    the diso master stated I was supposed to pay support for about $1,00 per month we then went to court and a we had a sipulation and order stating I have to pay $13 or $106 (106 during kids school calendar) I reeceived a ntc from the child suport s...

    Stephanie’s Answer

    Your Order to Show Cause is likely one for contempt as all other OSCs have been renamed Requests for Order. If this is the case, you may serve and file your response nine court days prior to the hearing. You do not have to file a response. Contempt is quasi-criminal, and as such it must be heard in full and cannot be considered solely on the filed paperwork. I have found with many self-represented parties that the answer they file most often can work against them and can be used to prove guilt (this is part of that, "anything you say can and will be used against you"). Depending on your financial situation, you may qualify to be represented by a public defender. If you are or if you hire a private attorney, neither would be able to easily "rehabilitate" statements you made in a responsive declaration.

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  • How can a father give up his paternety rights?

    i want my son father to give up his paternety rights

    Stephanie’s Answer

    Yes and No. Let's start with no.

    No. Your child is entitled to support from his other parent. Support is meant for your child, not for you, and so long as he has another parent alive, he is entitled to that support. You cannot waive child support permanently because it is your child's right. Dad giving up his paternity (parental) rights would be denying his support to your child in the same way and the court would not allow it.

    Yes. If someone else wanted that right (a stepparent, etc.) and adopted your child, or if you both decided to place your child for adoption and there was an existing adoptive parent, he could give up his parental rights.

    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 protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

    The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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  • Presumed Custody in California, the mother?

    In the State of California, if the father is not listed on the birth certificate and he has not been involved in the child's life for 12 years, does the mother have automatic full custody or does she, the mother, still have to file for full custod...

    Stephanie’s Answer

    If there has been a child support case filed and there is no custody order in that case, then it's presumed to be joint legal, joint physical. If there is no support or custody case filed, then mother has the only rights (as far as the court is concerned, no one else is seeking the rights).

    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 protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

    The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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  • Reunification Counseling for an out of state Father

    My EX is requesting that I have reunification counseling with my son. I have been in contact with him, I call him 2-3 times a week, send him b'day/Christmas presents and I also come and visit my son. The last 18mths it has been very hard to see hi...

    Stephanie’s Answer

    There are a lot of other factors that could be at play here including the age of your son and the reason for estrangement (if any). Claims she is making are not a-typical, and the judges are pretty good at seeing past ulterior motives. There isn't anything in your description that would suggest reunification counseling. Unless it is recommended by the mediator or a therapist working with your child (whom he should not be seeing unless you have consented, assuming you have joint legal custody), it isn't likely the court would order it. Plenty of out-of-state parents have less-than-frequent contact with their children, and no reunification is required.

    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 protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

    The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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  • Married 14 yrs on disibility husband is conservator makes hundred grand annually what will I recieve in alimony when divorced.

    Husband wants a divorce should I file before him.Makes one hundred grand a year.We own our home will I be able to reside there if divorced? Would I be able to remain covered by his Ins. I worked as a nurse the first 10 years of our marriage he ins...

    Stephanie’s Answer

    Spousal support will depend on a lot of factors. There is a guideline calculation, but based on circumstances courts may or may not accept those guideline numbers. You could negotiate remaining in your home as part of the divorce. You could remain covered under his insurance if the case was filed as a legal separation. He could remain your conservator, but that would be up to the court.

    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 protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

    The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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  • Does an attorney have the right to withhold child support without a legal document saying otherwise?

    I have a new wage attachment that the respondent's lawyer wrote up, but did not send in because she is now fighting overpayment. My lawyer is withholding my child support because she is fighting this matter. I have gotten nothing for two months ...

    Stephanie’s Answer

    An attorney might have the obligation to withhold the support depending on the orders of the court.

    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 protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

    The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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  • My son's father and I have shared 50/50 custody his entire life. He is now refusing to give him back. What can I do?

    I have shared 50/50 custody of my 4-year-old son with his father for his entire life. We have always done this voluntarily without a court order. When I went to pick up my son on our regular exchange date he informed me that he would not allow m...

    Stephanie’s Answer

    You can file an ex parte motion for temporary custody orders. Ex parte is an emergency hearing that doesn't require the extended notice required in a traditional hearing. The clerk at your courthouse can give you the paperwork to fill out. If your courthouse has a family law facilitator's office, they may be able to help you fill the paperwork out, give notice, etc.

    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 protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

    The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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  • Registration of Out-of State Custody is NOT 'true and correct', but petitioner signed it anyway.

    My ex and I have two kids. Divorce/support order filed in a state other than California (where we used to live). She later moved to CA with kids and there were several, meaningful modifications to the divorce/support order made before she did. I...

    Stephanie’s Answer

    She could withdraw the filing, but it's not likely that she would. You need to bring it to the court's attention (through your filing) that modifications to the order were made. Ideally you would attach copies of the modifications to your filing, but stating that they exist should give you some time to get them and provide them to the court.

    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 protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

    The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

    See question