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James Louis Miller

James Miller’s Answers

1,490 total


  • Will it make her look bad in court for not paying child support if we went back to court for another custody case

    My ex does not pay the fool amount of child support for our children her wages are garnished but she is not working lately on disability is she still responsibility to still pay the full amount

    James’s Answer

    I don't know if it will make her look bad. She is on disability which reduces her earnings. The garnishment can only take so much money from her check. Don't get me wrong, she still owes the whole amount which will deemed arrears. She will continue to owe the whole amount until she modifies the current order. One more thought, custody and support are separate entities and lack of support does not translate into changing the custody order.

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  • What's the chance of me getting the custody agreement turned around?

    I moved to Ventura CA. My 6 year old boy lives in Iowa with his mother. I get him summers and holidays along with every spring break. She took a job working mon-fri and every other weekend. She also works until 10:00pm 2 nights every week. Techn...

    James’s Answer

    If you were both still together and both had the same work hours there would have to be arrangements made to care for the child. The same is true here Mother has the child and works, no matter what the hours. Based on what you have written here and not know all the facts leading up to the original order plus the fact you moved I don't feel there is a significant enough change of circumstances to warrant a modification.

    Remember though I am only offering my opinion on the facts you have stated. Contact an attorney in your area so all the facts and paper work can be reviewed.

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  • How can CPS just change the deadline I was given and say that the final report has been made a month prior to the deadline?

    I was told I had to complete a program in six months which is in February. They just showed up to my moms house and told her that they've made the final decision to put the baby up for adoption in January. I had started to attended a program in De...

    James’s Answer

    You need to contact your attorney. You also need to continue or start your program. You say they gave you six months and you are not in a program. Yes I know it took 2 months to get into the one program but that leaves 4 months unaccounted for. Speak to your attorney because what was relayed to you does not sound right. Final decisions should come from the Court.

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  • What can I do to help him so the DA will not continue with the charges.if I write an affidavit of non prosecution will that help

    My daughters dad and I got into an arguement where it got physical. The injuries sustained where not major at all just a few red marks and a tiny scrape. I pressed charges on him. He has 2 prior strikes and with the new charges being PC273 5A. He ...

    James’s Answer

    You need to talk to his attorney immediately and see if the attorney can work something out with the DA. You could also retain a private attorney.

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  • What is the time limit one can Amend/Add additional facts to a Contempt

    I am the petitioner, My ex has been in Contempt many times, and I had a contempt filed, however I need to amend, it. What time limit do I have to Amend it and get that back into the courts.

    James’s Answer

    You need to file an amendment as soon as the facts and evidence support such an amendment. Since this is quasi-criminal the standards for procedure are set high and must be adhered to.

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  • Are there any family law attorneys in Bakersfield who are available for a limited scope engagement with a divorce?

    I would like to find a family law attorney who is able to do a limited scope engagement with a divorce. I would do part and the attorney would be paid for advising on procedure with certain aspects being completed at the end by the attorney. Bas...

    James’s Answer

    There are many attorneys, such as myself, who offer free consultations. There are also many who offer limited scope representation. Start calling around or check with the local bar association for help in determining who does what.

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  • What can I do?

    I have 50/50 custody with my two children. One child is the biological child of my ex husband and the other has a different father whom has no custody just child support obligations. But since my son was born before my ex husband and I married. th...

    James’s Answer

    You can and should file an RFO to modify custody and visitation. There is not reason for a parent to take his frustrations on a child. The child did not cause the divorce. Contact an attorney in your area.

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  • What forms do I file to move out of Ca and do I have enough reason to take my child with me?

    I am being evicted by my husbands family with my children and the only place I can move to is out of California to another state. My husband won't sign divorce papers, won't help to support myself or his daughter and doesn't utilize his visitation...

    James’s Answer

    You need to file an RFO (Request for Order) for a move away. This is a lot more complicated then filling out some forms. I would not advise you do this without the help of an experienced Family Law attorney.

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  • How can I discover my former husband's income from self-employment.

    My husband is paying me very small child support claiming he is making minimum wage in his small business. I believe that he is making 4 times more based on common friends and the nature of the business. If he under declares income on taxes and do...

    James’s Answer

    Discovery - you can request to see profit and loss statements, bank records, tax returns and anything else which may show what money is coming in and going out. Contact an attorney in your area, many such as myself, offer free consultations.

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  • Is there anything i can do legally since my spouse that abandoned me is stating he served me divorce papers when he didn't?

    I was told by the judge three years ago, my husband has up to five years , California law to serve me divorce papers before i can file for spousal support or a divorce since he filed the papers for divorce. I was in a bad d.v. relationship and t...

    James’s Answer

    You really need to talk to an attorney. You do not have to wait to file for spousal support. An attorney can help you file to get this matter before the Judge and argue that you were not served.

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