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Jeffrey Phillip Blum

Jeffrey Blum’s Answers

73 total


  • I am trying to file for divorce in the state of CA ASAP

    I sent husband papers a year ago, and he didn't sign them.

    Jeffrey’s Answer

    You do not provide enough information. Was your husband personally served with the pleadings for instituting a dissolution of marriage? If so, was a proof of service filed? Are you just looking to terminate the marital status or are you also looking to have the court characterize and divide the property? If your husband was personally served with pleadings you can seek to have his default entered. This could cut off his right to contest the proceeding. However, the process for having the default entered may entail completing and providing certain court pleadings including a property declaration and an income and expense declaration. If there are issues of support and property then the step after the default is entered would be to seek a Judgment by declaration or by appearing at an uncontested hearing. You should consult with a competent family law attorney.

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  • What are my rights when my husband hires an attorney for divorce what should my attorney be prepared for.

    what is the first thing my husbands attorney would want to do .

    Jeffrey’s Answer

    You haven't explained what the issues are, thus making it difficult for us to reply to your question. Certainly, as other counsel point out, you have the right to have an attorney of your own choosing represent you. Choose an experienced family law attorney. If the issues are child custody then you will want to meet with your attorney as soon as possible to discuss the specific areas of concern in that area. You may also ask your attorney to contact the new attorney to try to develop a good working relationship with him/her and to learn what issues your husband is concerned about as well. If the issues are custody/visitation, you and your husband will be required to go to family court services unless you reach an agreement. Make sure your attorney prepares you for your family court services sessions.

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  • Married 12 years. separated for 2 years. we agree to divorce. no children. how long to pay spousal support?

    I have been paying her in good faith for the past 2 years. sometimes more than what we agreed upon $1200. half of our marriage we slept in separate rooms. she is on disability. now living in IL with her daughter. She wants me to pay 10 years, i th...

    Jeffrey’s Answer

    I agree with Mr. Yomtov. Would I would add is that you might want to consider having a vocational evaluation done to determine whether there are jobs your wife can perform and if so what these jobs might pay. Also, you do not indicate whether your support payments are pursuant to a writing. There are tax deductions available to you if you have a written agreement (ie.; pursuant to a stipulation and order) for you to pay her support.

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  • Can I get a change of venue for child custody case?

    one parent is moving out of the solano county where the case originated from, the primary custodian parent and child lives in santa clara county

    Jeffrey’s Answer

    I agree with the answers given. What I would add is that the court will consider factors such as the convenience of the parties and witnesses (ie.; medical care providers, mental health care providers, educational instructors and day care providers). The court will also look at what stage the case is at and whether it would unduly complicate the resolution of the case to move it at this stage. You have not indicated the stage that the case is at.

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  • What can I do to get my son back and what are my chances?

    Last year my son who is now 8 yrs old left to California to spend the summer with my ex partner. I live in Utah. I was in the process of trying to get back on my feet and me and my ex had an agreement that my son would be out there for a year goin...

    Jeffrey’s Answer

    You do not have an easy situation since the boy has been with his mother for the past year. A major factor in determining custody is stability and continuity. This would work in the mother's favor. You have not indicated whether there are any orders in effect and if so, what they provide for. You also have not indicated whether if there are orders they were made in Utah or in California. If there are existing orders you may look into having them enforced, if such orders provide for the boy to be returned to you at the end of the month. This could possibly be done with the assistance of the police or other law enforcement agencies. However, this route is obviously antagnostic. What you really need to do is to consult with an attorney and have the attorney review existing orders to determine the best approach to take. If there are no existing orders you may need to file a request for orders to have the appropriate court establish custody/timeshare arrangements. You also have a jurisdictional issue possibly, at this stage, since the boy has been with the mother for more than 6 months. She could argue that California has jurisdiction over the custody issues since the boy's residence is now established in California.

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  • Below situation happened during the case is in court, I am worried what if he presents it in the court, will judge listen to me.

    I filed Legal separation case aginst my husband, i came out of family home with 2 minor children. still the reconciliation talks were going on. there was a mail from him asking about reconciliation and our lawyers also included in the communicatio...

    Jeffrey’s Answer

    If you acted peaceably which it sounds like you did, then there shouldn't be a problem with this. You also have the mail from your husband in which he asked for a reconciliation. However, I would stay away from him and not have contact with him at this stage, at least until communication guidelines are established. You don't want to have the opposing attorney claiming that you are engaging in a pattern of harrassment towards your husband.

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  • Heading to confrontation/litigation, need help...

    We were doing our own paperwork via paralegals. Had our MSA prepared and reviewed. We filed everything and we are waiting for the judge to sign it. However, now my spouse has decided to see an attorney, and now wants to do a 180, pull the case, an...

    Jeffrey’s Answer

    You can check avvo.com. You should also check yelp and the attorney's website. For example, I have a website: jeffreypblum.com.
    You want an attorney who has a lot of experience with family law and someone who only does family law. You want someone who is very responsive and available and who you will feel comfortable working with. I suggest that you call a few attorneys and try to get a sense of whether you might feel comfortable working with him/her.

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  • I was served court papers on Friday at 5PM requiring me respond to an emergency spouse support request and file a property

    declaration two court days before the day I'm supposed to show up in court. The court date is next Wednesday, since court is closed for Sat,Sun and Mon(memorial day), that leaves me only Tuesday to go to court or talk to a lawyer. I have a surger...

    Jeffrey’s Answer

    I agree with what Mr. Yomtov stated. I would add however, that you should obtain a declaration from your treating physician indicating that you have surgery occurring and if appropriate, indicating that you need some time to recuperate. It is not a good idea for you to fail to show up on Wednesday so if I were you I would make every effort to be there if at al possible.

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  • Theres already a court order for child support and arrears, why would father recv a garnishment letter from his bank for arrears

    Due to a court order, child support and a monthly amount for arrears are deducted from fathers wages before his employment check is automatically deposited into his bank. Father received letter from his bank stating his account will be garnished f...

    Jeffrey’s Answer

    • Selected as best answer

    I agree with what Mr. Yomtov stated. I would simply add that perhaps the Department of Child Support Services is involved in the case, if you asked it to be involved. If they are involved they could be independently seeking to collect the arrears.

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  • Is pick up after school or 2:30pm?

    My child has minimum day the last day of school. We signed our stipulation a couple years ago and it reads ...From after school at 2:30pm to.... We also, have in our stipulation if there is no school that day then same times apply. Now, should pi...

    Jeffrey’s Answer

    It sounds like the pick up time should always be 2:30. I suggest that you communicate with the other parent and try to agree to a different pick up time. If you both agree then a written Stipulation and Order can be prepared to modify the pick up time.

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