Linda Calderon Garrett’s Answers

Linda Calderon Garrett

Fairfield Child Custody Lawyer.

Contributor Level 12
  1. A girl I dated got pregnant, even though she claimed she was on birth control. I don't want children, am unemployed. What 2 do?

    Answered about 1 year ago.

    1. Linda Calderon Garrett
    2. Bennett James Wills
    3. Robert Andrew Michael Burns
    3 lawyer answers

    One of two things usually occurs in such situations: 1) Mother never contacts you and you never see her or the baby ever again. This means there would be no court orders regarding child support; or, 2 Mother files a Parentage Action and seeks child support from you. If the mother undertakes option #2, there is nothing you can do if it turns out you are the biological father. And, if you are not working, the court could issue a "seek work" order as well as "impute" income to you. This means...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Spousal support and Child support if I lose my job

    Answered 12 months ago.

    1. Harris Justin Brumer
    2. Barbara Peyton
    3. Linda Calderon Garrett
    4. Robert Andrew Michael Burns
    5. Matthew Thomas Majeski
    6. ···
    6 lawyer answers

    One thing to note is jurisdiction of the court regarding spousal support. Is there anything in the order that forever terminates the issue of spousal support? If so, this may affect your ability to return to court. Review the Judgment and refresh your memory as to what it says. If it turns out jurisdiction is terminated, then the only thing that may be modified is child support. This is not legal advice. Therefore, I recommend you speak to an attorney about this issue. Many provide free...

    Selected as best answer

  3. During a permanent restraining order hearing for domestic violence based on threats over e-mails, what will the judge look into

    Answered 12 months ago.

    1. Linda Calderon Garrett
    2. Jonathan Whaley
    3. Sarah Jeannette Haselup
    3 lawyer answers

    The court will look at the emails to, among other things, make a determination if there is imminent harm or threat to the person requesting the restraining orders. For example, if the email says, 'I am going to kill you next week--you better watch yourself!" versus, "I am sorry I keep emailing you, but I love you and this is the only way I can get a hold of you." In other words, the emails are not the issue, the contents is, as well as the number of emails sent. Also, the court, as stated...

    Selected as best answer

  4. Can a credit card judgement take my car

    Answered about 2 years ago.

    1. Linda Calderon Garrett
    2. Frank Wei-Hong Chen
    3. Tom Arany
    3 lawyer answers

    While technically speaking, the non-exempt portion of our vehicle is vulnerable to collection by the judgment-creditor, for practical purposes (and in my professional experience), the judgment-creditor wants cash, not cars! Cash would include money in bank accounts, savings accounts, CDs, Money Market accounts, stocks, etc. If your only income is from disability, then there is a good bet you do not need to file bankruptcy and have alternative solutions to preventing the judgment-creditor...

    5 lawyers agreed with this answer

  5. I filed a custody and visitation petition and no response

    Answered 2 months ago.

    1. Linda Calderon Garrett
    2. Stephen Ross Cohen
    2 lawyer answers

    From my perspective and professional experience, family law is a bit unique. While the family law courts needs to follow he procedures set forth in the California Code of Civil Procedures and California Rules of Court, I have noticed, more and more, than that judges are a bit more willing to bend the rules when it comes to custody issues. Why? Because, what's at stake is not only loss of custody to the other parent, but also, loss of parent to the kids! In custody matters, there are THREE,...

    Selected as best answer

  6. Validation of debt & statute of limitations (California)

    Answered almost 2 years ago.

    1. Linda Calderon Garrett
    2. Kevin Samuel Sullivan
    3. Jeffrey Neil Wilens
    3 lawyer answers

    In California, the statute of limitations for written contracts is 4 years. So, this means that if you defaulted back in 2005, the four years has definitely lapsed. The 4 years starts from when you defaulted on the account; so, if you pay, even one penny, to Midland, the clock resets back to zero! Whlie this is no guarantee of success, one thing you can consider doing is sending, via certified mail, a letter to Midland, explaining that the statute of limitations has run. You can find some...

    Selected as best answer

  7. Can I sue my spouse and her lovers for emotional stress, and depression on behalf of my children and myself.

    Answered 2 months ago.

    1. Richard Todd Rosenstein
    2. Gregory Paul Benton
    3. Linda Calderon Garrett
    4. Stephen Ross Cohen
    5. Jason Alexander Richman
    6. ···
    8 lawyer answers

    I just noticed that all prior responses were by men only. Thought I would infuse an estrogen-based response because I feel there are additional issues that have not been addressed by my talented colleagues. First, as alternative to divorce or a civil lawsuit, some other options are: 1) filing for legal separation. Under this scenario, you can request court orders in connection with all your issues, e.g. "she refuses to help with the bills", "my children are suffering. You could file a...

    Selected as best answer

  8. Want joint custody/visitations, what forms need to be provided - case number exists, but only child for support, no visitations?

    Answered 2 months ago.

    1. Linda Calderon Garrett
    2. Joshua Samson Hopstone
    3. James Louis Miller
    3 lawyer answers

    You appear to be another wore-torn casualty and veteran of the family court system. My condolences. At this point, it appears that you need to handle your legal in pro per (self represented). I am not sure if you realize this or not, but there are many attorneys who provided limited-scope, unbundled legal service. For example, legal coaching is an unbundled legal service. This may be helpful in preparing your motion for modification of child support and modification of custody/visitation....

    Selected as best answer

  9. If I want to settle with credit company after receiving summon , do I still have to " answer " to the court ?

    Answered about 1 year ago.

    1. Frank Wei-Hong Chen
    2. Jeffrey Scott Hyslip
    3. Mikalah Liviakis
    4. Scott Richard Kaufman
    5. Linda Calderon Garrett
    6. ···
    9 lawyer answers

    Something to consider: If you are "judgment proof" then your ability to bargain is much higher than 50%. Why, because a person who is judgment proof can, instead, of settling or filing an answer to the complaint (because they already know they owe the debt) can stop wage garnishment and a bank levy. Many folks in your situation considering settling because they think it's the only option besides filing bankruptcy. In reality, there are many options. I have included some links below for...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. What Happens when the debt collecters know where you work and have a garnishment in place with the date and everything?what i do

    Answered almost 2 years ago.

    1. Linda Calderon Garrett
    2. Richard Scott Lysle
    3. Susan Kathryn Ashabraner
    4. Kevin Samuel Sullivan
    5. Dorothy G Bunce
    5 lawyer answers

    All hope is not lost. You can immediately prepare a Claim of Exemption form with attached Financial Statement—either by yourself or with the help of a consumer attorney. If it turns out you are judgment proof and have nothing left of your take-home pay after you pay your basic necessities, there is a great chance of stopping the wage garnishment dead in its track. This is the simplified explanation. There a few procedural issues you need to know about that you may learn online or with the...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

Contact Linda Garrett for a FREE Consultation.

707-435-1991