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James Louis Miller

James Miller’s Answers

1,317 total


  • How do I protect my personal retirement funds from my husband during my upcoming divorce .

    I am a teacher and have a retirement plan thru my employment and a 401. How do I keep my husband from taking any of this?

    James’s Answer

    I would contact an attorney to help you protect your interest in your retirement and 401. It is possible after all the community property is listed that you can give your ex his share of the retirement and 401 though other community property. Anything earned including interest in retirement accounts is community property and your ex is entitled to his share. It is also possible he will accept a one-time payment and release his interest in the retirement.

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  • Ex is not honoring property transfer agreement of the Divorce judgement.

    My Divorce is completed . Under the terms of the judgement my ex has to transfer the property say "xyz" to my name or my parent's name at my election within 2 weeks of entering judgement . But my ex is saying the she will only do under my name...

    James’s Answer

    The Judgment is basically giving the other party the option to give to one or the other. You can file an RFO for compliance but that will only drag it out longer. Is there any reason she can't transfer it to you and then you transfer it to your parents?

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  • Can the court rule that current restraining order has not been properly served to me so any contempt charges are irrelevant.

    My divorce case is complicated in the sense that my spouse filed for divorce, while I was unemployed, then filed a restraining order. Because I couldn't get proper legal representation due to lack of funds my lawyer wouldn't fight the charges and ...

    James’s Answer

    Your facts are ot clear to me. Even a Public Defender is willing to fight if there is something to fight. Charged with contempt for what? What does the restraining order have to do with spousal support and contempt? There needs to be more information to give an informed response.

    I would suggest contacting an attorney immediately.

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  • False 2nd domestic violence. His ex is willing to come to admit that he didn't do it. Advice on how to remove accusations?

    His trial is in 2 days, please help. We dont have money for a lawyer and he has a new public defender. My boyfriend is currently facing 10 years and the Public defender is saying that they will offer him more during his trial. His bail exceeds a m...

    James’s Answer

    There are not enough facts to give an informed response however I can tell you this if the ex comes in to testify that the actual DV did not occur she could face criminal charges for filing a false report.

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  • Domestic violence vs provogue

    slaping spouse in answer of blames on her character comes under dom. violence?

    James’s Answer

    What is your question? You are not giving any facts.

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  • If court determines a marriage is long term, does the respondent receive spousal support for life unless she is married?

    My ex filed 1.5 months shy of 10 years. I am hoping that court will determine this as long term marriage. My attorney says court will retain jurisdiction for life but that does not mean I will get spousal support for life. I thought spousal sup...

    James’s Answer

    Spousal Support is not automatic. The Court will look at Family Code 4320 factors and make a determination. You must remember spousal support is not there to support you but to help you get back on your feet after a marriage. As my colleague stated spousal support may be denied, or it may be set for a specific period. The Court may also order the supported person to be looking for work in order for them to continue to receive spousal support. Bottom line spousal support or the length of time one receives spousal support is not a given.

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  • I know a girl who is pregnant, on drugs and has no desire to keep the baby. Can she give the child to my friend?

    This will be girls 4th child. She does not have rights to the other 3. All have different fathers, although she's not sure who got her pregnant this time. She has been smoking and slamming crystal meth and possibly heroin. She also consumes al...

    James’s Answer

    Contact an attorney to see what steps must be taken to do an adoption, you can't just sign your baby over. As my colleague said CPS may become involved and if they do they will control where the child ends up.

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  • Child Custody/Child Support- Husband affair and emotional turmoil

    Married 6 years, 2 minor children. Husband is having an open affair with another woman and is fathering a child with her. He has moved out of marital home about 2 months ago. Affair has caused large emotional turmoil for me and children. What are ...

    James’s Answer

    I agree with my colleagues. Since California is a no fault state the affair does not play a role in the divorce or spousal support. As they have both said if your children being around his new girlfriend is not in their best interest the Courts will consider that in determining custody and visitation.

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  • Do I have to include FSH (Family Separation Housing) when filling out an Income and Expense Declaration form for child support

    I received papers that my oldest son's mother is trying to change the amount in my current child support order. I'm currently in the Navy. They want the last two month's pay stubs. Last month, I happened to have got FSH because I was deployed and ...

    James’s Answer

    You must include all income but the Courts will consider the fact that it is only temporary and not received on a regular basis.

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  • I signed a declaration of paternity and filed to get it set aside less than a year later. I never made it to court because i was

    i never made it o court because i was on drugs or incarcerated. here it is 9 years later. what can i do

    James’s Answer

    There are time limitations that prevent you from setting aside the paternity, especially if you have been holding the child out as yours all these years. The Courts will have to make a determination if there is good cause for you to set aside paternity after all these years.

    Consult with an attorney in your area.

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