If you and your wife resided here in the United States (I am presuming Vacaville given the info tagged to your post), and your child was born here, then you could file for divorce here.
You have two important issues to deal with (among others): first, you must determine how to properly serve her under Japanese law. For foreign service to be effective in a California divorce case, the Petition and Summons for divorce must be legally served according to the law of the country in which the...
California law is not going to help this father other than with the very basics of a divorce. The child was never here and there appears to be no jurisdiction in this state regarding custody issues. I can't advise on NY law, but Father may ultimately need to contact a lawyer in India to help with this matter.
Father should have consulted with legal counsel immediately at the time Mother took the child. Waiting this long complicates the matter tremendously.
I don't know about Northridge, but here in my area if the family court made an order and you were present, the order is generally effective the moment it is made. More importantly, by not following the Court's order, you may hurt yourself at the upcoming custody hearing. One of the factors that judges use in evaluating custody/visitation of children is a parent's compliance with previous court orders. A parent who refuses to follow a direct order regarding a school transfer is also possibly...
Not enough information here. Whose 401K? How did the transfer actually occur (usually requires a QDRO in addition to your Judgment)? I agree, it sounds like one may have already been done. You should consult with a family law attorney who can look at your documents and then best advise you.
If you are still married, my understanding is that the IRS will require you to file a "married" return, either filing separately or jointly. The best way to find out what you are legally required to do under the Federal tax code is to either consult with a tax attorney OR an "enrolled agent" (a tax specialist trained and licensed directly by the IRS). You can find an EA in your area at www.csea.org.
If you file a return that financially benefits you, but in doing so financially "hurts"...
The FL-180 is the actual Judgment of Dissolution in your case, also known as your divorce decree. The marital settlement agreement (MSA) is the contract between you and your spouse as to how you want to resolve/dissolve your marriage.
You will need to attach your MSA to the Judgment for it to be incorporated into the Judgment and made a court order. However, there are certain provisions in the MSA that need to be duplicated as attachments to the FL-180 Judgment form -- child support,...
A summons may be served on persons outside the United States by means of any of the following:
1. Personal service;
2. Substituted service;
3. Mail and acknowledgment of receipt;
5. Mail with return receipt; or
6. If the court before or after service finds that the service is reasonably calculated to give actual notice:
a. As prescribed by the law of the place where the person is served; or
b. As directed by the foreign authority in...
Child support in California for a child who has reached majority actually terminates at age 18, unless that child is a full-time high school student, in which case it terminates at 19 provided the child continues to attend high school full time [Family Code Section 3901].
If the child is no longer a full-time high school student, or the equivalent, then the payor of support can simply just stop paying. If there is a wage assignment, then the payor of support needs to file a motion at the...
Go to the hearing. If you have been diligent in your attempts to serve the other party, the court may grant you another extension. This is at the judge's discretion. I have seen judges grant up to 3 extensions in my county, but it will depend on your judge and the normal county practices up in Sacramento.
Family Code Section 4320 only specifies that spousal support should presumably be paid for 1/2 the length of a marriage of less than 10 years. In a marriage of 20 years, the support obligation is almost always indefinite.
Remember that when it comes to long-term, post-Judgment support, there are always 2 primary questions: (1) How much do I have to pay, and (2) For how long do I have to pay?
If your Ex is now working nearly full-time, then you have a change of circumstances that should...