Robert Shimokawa Kamin’s Answers

Robert Shimokawa Kamin

Family Law Attorney.

Contributor Level 3
  1. Spousal support change if my employment changes

    Answered almost 2 years ago.

    1. Michael Charles Schwerin
    2. Robert Shimokawa Kamin
    3. Alexander Tucker Jones
    3 lawyer answers

    The standard in CA for modifying a support order is a "material change of circumstances." If you have lost your job or found another one that significantly changes your income, you may request the court modify the support order. So long as the court has maintained jurisdiction over the issues, the first step in making such a request is filing a Request for Order with the court, along with an Income and Expense Declaration and, in many counties, a Dissomaster report. It would be best to speak to...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Request for order - Family law

    Answered almost 2 years ago.

    1. Eugene Andre Ahtirski
    2. Linda Calderon Garrett
    3. Robert Shimokawa Kamin
    4. Martha Bronson
    4 lawyer answers

    Either is possible. If you know ahead of time that you will be seeking the appointment of a 730 evaluator, however, making the request as part of your Request for Order for Custody/Visitation or Responsive Declaration has the benefit of putting before the court prior to the hearing your reasons for the 730 appointment (which is particularly important if you anticipate the other side objecting) as well as your preferences for scope, allocation of fees, and the specific professional you would...

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  3. Can I get a continuance if I am not served an order to show cause on time?

    Answered almost 2 years ago.

    1. Edna Carroll Straus
    2. Robert Shimokawa Kamin
    3. Matthew Bradley Rosenthal
    4. Eve Lopez
    4 lawyer answers

    Under the California Code of Civil Procedure, an Order to Show Cause/Request for Order must be served 16 court before the hearing. Since the moving party did not serve you within the required time frame, you have a couple options. One is to request a continuance for the hearing. Another option is to demand that the moving party re-file and re-serve his or her moving papers so that you are provided adequate notice and opportunity to respond. Best to contact an experienced family-law attorney to...

    2 lawyers agreed with this answer

  4. Does the court ordered custody agreement trump a mutually agreed upon revision to the custody schedule?

    Answered almost 2 years ago.

    1. Tobie Brina Waxman
    2. Robert Shimokawa Kamin
    3. Deborah G. Fiss
    3 lawyer answers

    The court-order custody agreement should take precedent over the mutually agreed-upon modification. The fact that certain provisions of the court order have not been precisely followed does not invalidate the court order itself. However, if there is a provision in the court order that allows schedule modifications to occur under certain circumstances, e.g. mutually agreed-upon in writing, and those circumstances have occurred, then the modification to the Friday PM schedule could be...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Filing question - family law

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Elizabeth Jones
    3. Edna Carroll Straus
    4. Anthony S. Alpert
    5. Robert Shimokawa Kamin
    5 lawyer answers

    Most often, you only need to file the original. My suggestion would be to bring two copies along with the original to the clerk's office. When filing the original, request that the clerk endorse the two copies and take them with you for your records. PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you...

    1 lawyer agreed with this answer

  6. I am filing for dissolution and joint custody. I am in pro per. I completed all docs, but I haven't seen my son in some time

    Answered almost 2 years ago.

    1. Cathleen Elisabeth Norton
    2. Robert Shimokawa Kamin
    3. Martha Bronson
    4. Thomas Allen Neil
    4 lawyer answers

    If you are seeking immediate time with your son, it would be worth considering filing and serving a Request for Order for Custody/Visitation and Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) concurrently with your Petition for Dissolution. When you file your Request for Order, you will be given a law and motion hearing date for the court to hear your request for custody/visitation. Unfortunately, depending on your county, the hearing could be set out a...

    1 lawyer agreed with this answer

  7. My ex has filed a modification of child support She has completely lied on her Income and Expense Declaration.

    Answered almost 2 years ago.

    1. Martha Bronson
    2. Robert Shimokawa Kamin
    3. Michael Roger Schneider
    3 lawyer answers

    Each party completes and signs the Income and Expense Declaration form under penalty of perjury, so if the other party is making actual misrepresentations on her form regarding income, you will most likely need to demonstrate to the court with sufficient documentation that the income listed on her form is incorrect. Obtaining her bank records and tax returns is a good start. If she owns a business, a Schedule C should be attached to the form. Another option is to review the expense section...

    1 lawyer agreed with this answer

  8. Do i have to agree to a proposed change in a court order because i recently moved?

    Answered over 1 year ago.

    1. Elizabeth Jones
    2. Erin Patricia Farley
    3. Tobie Brina Waxman
    4. Robert Shimokawa Kamin
    4 lawyer answers

    Based on the information you provided, it does not seem as though you "have" to agree to the other parent's proposed modification(s). However, in assessing whether to consider it, it is helpful to not only think about what is in the best interest of your child but also how the court would view and rule if the other parent filed a motion to modify. Best bet is to contact an experienced family-law attorney to discuss your situation in detail. PLEASE READ-- The information provided in this...

  9. When going to a settlement conference for a custody issue does the other party have to file a settlement of issues?

    Answered over 1 year ago.

    1. Robert Andrew Michael Burns
    2. Robert Shimokawa Kamin
    3. Martha Bronson
    3 lawyer answers

    In many CA counties, each party must file and serve a settlement conference statement of some kind prior to the actual settlement conference. My suggestion would be to review the local court rules and/or contact the judge's clerk to find out what is required. PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I...

  10. Separate property sale

    Answered almost 2 years ago.

    1. Timothy Miranda
    2. Carol Anne Jasinski
    3. John Noah Kitta
    4. Robert Shimokawa Kamin
    4 lawyer answers

    If either party has filed a Petition for Dissolution in California, then the Automatic Temporary Restraining Orders (ATROs) are in effect. Per the ATROS, both parties are restrained from transferring and/or disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life. Based on the information you provided above, for...