Jeffrey Phillip Blum’s Answers

Jeffrey Phillip Blum

Palo Alto Family Law Attorney.

Contributor Level 9
  1. Can this be used as evidence in family law. How can i respond

    Answered over 2 years ago.

    1. Jeffrey Phillip Blum
    2. Keith LaSalle Allen
    3. Devin R. Day
    3 lawyer answers

    It probably is inadmissible hearsay. The motion you would bring is a motion in limine, to have it excluded. He would probably have to lay a foundation to get it excluded and have the document authenticated by someone who is a custodian of the records for the web site. You may want to consider hiring an expert consultant yourself, to try to establish that the document is doctored and is phony. You would also want to emphasize that you are very reputable and have witnesses testify on your behalf...

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  2. Can a restraining order be granted by the court regarding a threat made over Facebook over a year pryor to filing it?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Jeffrey Phillip Blum
    3. William David Ausman
    3 lawyer answers

    I assume that the restraining orders were issued without notice to you. If so, then they expire within approximately 25 days unless extended by the court at a court hearing. You need to obtain an experienced family law attorney to represent you and you need to immediately prepare and file a reply. In my experience an isolated threat (assuming it was not too threatening) more than a year old would not suffice to allow for an extension of a restraining order. Presumably you have removed the...

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  3. What can I do to protect my rights with my daughter?

    Answered about 2 years ago.

    1. Jeffrey Phillip Blum
    2. Nadine Marie Jett
    3. Rhonda Diane Ellifritz
    3 lawyer answers

    You may want to ask the Department of Child Support Services to help you with the child support motion/hearing and with obtaining the order for paternity. Have you arranged for the father of the child to be served with your motion? He has to be served at least 16 court days prior to the hearing. You cannot serve him. Someone over the age of 18 who is a U.S. citizen has to serve him. Have you prepared and filed an Income and Expense Declaration? That should be part of the motion and should also...

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  4. After living apart for almost two years I was serve with a summons. Would it be best to have a attorney?

    Answered over 2 years ago.

    1. Jeffrey Phillip Blum
    2. Timothy Miranda
    3. Mary Katherine Brown
    3 lawyer answers

    If you were married for almost 30 years you should definitely hire an attorney to assist you. You have support rights and property rights. Your attorney can also help you with conducting discovery to determine the full nature and extent of the community property. For example, your attorney can obtain his financial records to determine whether he has transferred money to try to hide it from you. These financial records can include checking, savings, credit union, credit card, brokerage, etc....

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  5. "default" granted, now onto judgment. How long does that las part take in the Santa Clara Courthouse in San Jose?

    Answered about 1 year ago.

    1. David Alexander Yomtov
    2. Jeffrey Phillip Blum
    3. Gregory Paul Benton
    4. Diana Lauretta Leonida
    5. Catherine Caroline Forbes
    5 lawyer answers

    You might try checking the status of your case by going to the Santa Clara County Clerk website. You can obtain case information on line there. In any event I know from experience with some of my clients that it can take a couple of months from when the Judgment clerk obtains the packet, for them to review it, forward it to the Judge for his/her signature and then return it to you. As to the question about your MSA, it is unusual for a court to modify it. Assuming that the support provisions...

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  6. Why are women allowed to survive completely off of child support?

    Answered almost 2 years ago.

    1. Jeffrey Phillip Blum
    2. James Louis Miller
    3. Caycie Dawn Bradford
    3 lawyer answers

    Both parents are expected to support their children to the extent of their ability. The question is whether you can establish an ability to work and an opportunity to work. If the father of these children pursued this matter he could possibly obtain an order requiring the mother to seek work and report her efforts (a Family Code Section 4505 order). If the order is made and the mother does not comply with it then the court could impute income to the mother and make a support order based upon...

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  7. Family law code

    Answered over 2 years ago.

    1. Jeffrey Phillip Blum
    1 lawyer answer

    If you are seeking a bifurcation to terminate marital status then you want to look at Family Code Section 2337. Note that in making this request the court may require you to comply with certain conditions to protect the rights of the other party. These conditions are spelled out in the referenced family code section. You are also required to use a special court form when requesting a separate trial. The dependency court has priority on custody/visitation matters but that should not prevent you...

    3 lawyers agreed with this answer

  8. A Family Lawyer,near S.J., with Mediation experience and right rate is needed as we want a Legal Separation by Mediation ASAP.

    Answered over 1 year ago.

    1. Jeffrey Phillip Blum
    2. Guy W Bluff
    3. Christine C McCall
    3 lawyer answers

    I am a family law attorney in Palo Alto. I mediate family law cases and do volunteer mediation in Palo Alto. I also write and teach on mediation.

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  9. My husbands ex-wife hasn't worked in more than 10 years can new husbands income be taken into consideration for support?

    Answered about 2 years ago.

    1. Jeffrey Phillip Blum
    2. Hillary Johns
    3. Tai Christopher Bogan
    4. Robert Brett Burch
    4 lawyer answers

    New mate income may be considered if the spouse of the new mate is not working up to his or her ability. You need to establish that the spouse (the ex wife) is able to work and that opportunities for her to work exist. This may not be easy to do just by asserting that she is college educated. You may try a vocational evaluation using a vocational evaluator to establish this ability and opportunity to work. You may also ask the court to impose a seek work order on the ex wife. This is discussed...

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  10. My 13 year old daughter wants to change her last name. If the father doesn't show up to court, does the case default in my favor

    Answered about 2 years ago.

    1. Jeffrey Phillip Blum
    2. Hillary Johns
    2 lawyer answers

    If the father does not show up then you have a pretty good chance of having the order granted. The Court may want your daughter to speak to Family Court Services to obtain a recommendation from them first, however. Hopefully, your declaration in support of the motion outlined in detail the father's lack of involvement in your daughter's life. The bond between the father and daughter (or lack thereof) is an important consideration for the Court. If your declaration did not cover this issue then...

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