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Brook Ann Radelfinger

Brook Radelfinger’s Answers

79 total


  • I need help calculating fathers percentage of custody with our son for child support purposes.

    My sons father picks him up from daycare on Thursdays at 5:00pm and returns him to me at 7:00am Friday morning. He then picks him up from daycare after work on Friday at 5:00pm and has him till Sunday morning when I pick up our son from him. I hav...

    Brook’s Answer

    Here is the CA visitation calculation site:
    http://www.childsupportca.com/timesharechart.htm
    Good luck

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  • Sexual assault from a serial sexual abuser

    Need help urgently from a sexual abuser who also is threatening so we do not tell the truth.

    Brook’s Answer

    I agree that your best recourse is to contact the police. However, if for some reason you feel you cannot do so right now, here is a link to a page listing the resources for abuse victems in San Mateo County. https://bnc.smcgov.org/sites/bnc.smcgov.org/files/DVResources_1.pdf. Good luck, and please seek help.

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  • What could happen if my husband goes to court?

    My husband is out of town and a man stopped by to serve him papers from Kern County. What I was able to get out of him was it was from DCSS and for a court date. My husband has not been served the papers. My husband has been unemployed for over a ...

    Brook’s Answer

    Please understand that a child support order, once issued, continues unchanged until a new order is entered. Telling DCSS on the phone that your husband is unemployed does not change the order. You need to affirmatively take action to modify the order, otherwise arrearages and interest will continue to increase. Please consult the sources recommend by my colleagues and address this issue, child support arrearages are harder to avoid than even IRS debt.

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  • How do I request a change of venue

    My sons father got a TRO by saying my son was molested. For the past 8 yrs my son lived with me in humboldt county but now we have to go to court in solano county where his dad lives. Court is on the 22nd. Do I have time and how do I get a change ...

    Brook’s Answer

    I agree with my learned colleague that you desperately need representation. However, if you don't have time before the court date, make sure you bring with you any prior court orders for custody, (even if it is just the original judgment) from Humboldt County, and tell the Judge about any other orders made previously by the Humboldt court.

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  • If a father signs over custody of a child to the mother is he obligated to continue to pay child support?

    I am the custodial parent parent of an 8 year/old. My child was 2 since she last new her father. He lives in Texas. He has been diagnosed with a Huntington's, though he is not showing too many symptoms. He does not want our daughter to see him det...

    Brook’s Answer

    A parent cannot avoid their financial duty to support a child by giving up custody. The only way to do that is by having a third party assume that obligation with the Court's approval, for instance, if you new husband adopted your daughter. If there is an arrearage and he has an estate, that arrearage will be a debt against the estate. I do not know if he can exclude her as a beneficiary from his estate, please consult an estate planning or probate attorney for that issue.

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  • How can I get detailed record of Restraining Order hearing in Family law ct? Order by default. Court mini minutes don't detail.

    I would like to know what arguments my ex made in detail and what did judge said. How can I get such record or transcript?

    Brook’s Answer

    The information on how to obtain a transcript is on the Santa Clara Court Website on this page at this link: http://www.scscourt.org/online_services/transcripts/reporter_transcripts.shtml Good luck.

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  • How does or how long does a paternity judgement take and an order made?

    The petitioner filed, I responded and I'm not sure where it stands. There's no dispute in paternity and petiriiber filed for jurisdiction/custody leverage after split. There is currently an order to show good cause.

    Brook’s Answer

    Based on the facts as I understand them, If both parties agree with paternity,and there is no third party who disputes it, then it is likely that the Court will make an order at the Order to Show Cause hearing.

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  • How can I obtain a copy of my stipulation re bifurcation of marital status and order in Marin County, California?

    Social security insists on having an original stamped copy of the document to substantiate that the divorce occurred.

    Brook’s Answer

    Start by going to the Marin County website where they provide information on records management. http://www.marincourt.org/records_management.htm . I think you can call or email the clerk at the numbers or email address provided, and then pay the required copy costs to have them mail the document to you. Make sure you have your case number and the title of the document you are requesting. Good luck

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  • In Ca. How do you file for QDRO benefits when former spouse is at retirement age? (City of San Jose CA QDRO already in place) .

    Benefit department says I need attorney to file papers, is this correct? Rough estimate cost?

    Brook’s Answer

    Can you clarify what you mean by the QDRO being in place? If it is in place, no further documentation from an attorney should be needed. If you do need to have a QDRO drafted, there are local independent actuary firms that can prepare the QDRO at a lower cost than most attorneys can.

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  • Should I get a prenup?

    My fiancée makes more than me now, but I will make more than him next year. He has assets (investments and other savings) while I have student debt.

    Brook’s Answer

    Find out what the Family Laws surrounding marriage, support, and property division are in New York, either by a consultation with an attorney or by individual research. If you agree with the way New York Laws would divide your property and make support orders, then you don't need a prenup. If you think they are at all unfair, or do not make sense considering your own situation, then you need a prenuptial agreement. Every marriage has a prenup, the only question is if it is written by your state legislature or by you and your spouse. Congrats on your engagement, and good luck.

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