Susan L. Jeffries's Answers

What am I supposed to do about papers filed three months ago of which I knew nothing?

Since you know the divorce is coming, now is the time to gather your evidence, reorganize your banking and credit cards and secure any household furniture & furnishings that your spouse might remove or damage or hold hostage. Consult an attorney about your situation to learn your rights, risks, opportunities and obligations. Once you have protected yourself & your assets and know what your options are, you can take charge of the situation: file the petition yourself and serve your spouse.

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How do I ensure my FC2640 claim goes thru?

Establishing a reimbursement claim depends on the evidence and how it is presented. If you can trace the down payment back to a separate property source, you should be successful. If your H has a smart attorney, he will acknowledge your evidence and work on settlement to avoid the cost of trial. If they don't, then you might want to ask the court to have them pay your attorneys fees for the proof hearing. You may not need a forensic accountant if you can explain it yourself as the...

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I am getting a divorce and my wife took out a student loan for my step daughter; will I be responsible for half of the loan?

IF she took out the loan after the papers were filed & served, she would be violating the Automatic Temporary Restraining Orders if she expected you to pay for the student loan. Further, a student loan is usually awarded to the person who obtained it without offset, which means it would be awarded to you without giving up any other property to offset the debt. There are more facts related to this. You need to consult an attorney to determine your full situation.

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What is the difference between blackmail and negotiation in a divorce case?

It looks like negotiation because I see no threat involved. You cannot trade a $$ benefit for time with children. Such a deal would not be enforced unless it was "in the best interest of the child."

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I have a class action settlement money coming soon,, I am also divorced, my ex-husband says he will get a lawyer & part of the $

He might be entitled to a share of your award. It depends upon whether the award or part of it was "earned" while you were married. If so, then it would be Community Property and he would be entitled to a share. Whether it is "earned" during the marriage depends upon the facts and the details of your lawsuit. You should consult an attorney who knows family law and can research your situation. this is not simple or easy research.

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I need a 730 evaluation done, but the problem is i cant afford one right now.

Custody evaluations are done by private child psychologists. There is no public funding for their evaluation fees. Unfortunately, if you cannot pay the fee, you must borrow it or save the money.

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When does the Judge award attorney fees in a divorce.

Attorney fees can be awarded at any time, but sometimes the judge will only do it at the end. We think this is unfair, but that is what they do. You can go into the court before hiring an attorney and ask for fees to hire an attorney. You should present information on the retainer being requested by the attorney you want to hire. Susan Jeffries, Alameda

Approximately how much would it cost to pay an attorney to finalize a divorce where assets are being concealed?

If you only want support, and nothing else, you need to know his and your income. If you have that, the DA will represent you for free. If you want to know about the assess, the least expensive route is to hire a private detective to do an asset search. Then do your disclosures and ask about anything that is missing. A good attorney in Los Angeles will cost between $300 and $700/hour, but most of them can use other staff for much of the work. How much your case costs depends on...

Subpoenaing ex to get his earnings from law partnership

You can subpoena your ex and his law firm's records. If the law firm cooperates in hiding the records, you might be able to join them in the action, which makes them liable for sanctions and attorneys fees. However, you must use an experienced attorney to do this as the rules are complex and any mistake can be costly. If you fail to ask the right question, you might get nothing.

Can a family law judge trump a criminal proceeding?

Criminal courts usually control cases involving domestic violence with serious bodily injury to a spouse or child. When the criminal and civil family law issues conflict the criminal court has the right to take the case, but may decide not to. When domestic violence (DV) involves less serious harm, the family law court will take the case to decide when and how the spouses will connect and how much time each of them will spend with their children.