Erin Ann Levine’s Answers

Erin Ann Levine

Emeryville Divorce / Separation Lawyer.

Contributor Level 8
  1. Parted after 48 years. both retired. Both agree on everything. He does not want to give me money to live on.

    Answered almost 2 years ago.

    1. Donald Frederick Conviser
    2. Erin Ann Levine
    3. Michael John Harrington
    4. Michael Raymond Daymude
    5. John Noah Kitta
    5 lawyer answers

    Hi, it sounds like you could really benefit from a legal consultation with a family law attorney. I would advise you to bring a copy if your tax returns and most recent bank statements - at the very least.

    4 lawyers agreed with this answer

  2. Divorce Judgment/Pension Division

    Answered over 2 years ago.

    1. Richard Forrest Gould-Saltman
    2. Isileli Tupou Manaia Mataele
    3. Erin Ann Levine
    4. LaDonna Jean Childress
    5. Donald Patrick Bebereia
    6. ···
    6 lawyer answers

    Hi. A QDRO (or qualified domestic relations order) is not the proper title of the order necessary for division of a federal (military) retirement plan. You should consult a specialist whose expertise lies in preparing a Qualified Court Order to ensure that you receive your fair share. Once the order has been prepared and filed, you will need to submit it to DFAS with a from provided by DFAS and a copy of your Divorce Judgment. If the order does not contain all the information required by...

    4 lawyers agreed with this answer

  3. I have an Ex Parte hearing for child custody due to allegation from daughter of sexual abuse. Do i need a lawyer to represent me

    Answered almost 2 years ago.

    1. Erin Ann Levine
    2. John Noah Kitta
    3. Tomas Michael Flores
    4. Ross Carlton Meltzer
    4 lawyer answers

    That is a very serious allegation and I would definitely recommend consulting with an experienced family law attorney. There are laws that allow the court to sanction a party who wrongfully accuses the other of sexual abuse but it is not an easy argument to make. Representation by a family law attorney may assist you to provide continued access to your child.

    3 lawyers agreed with this answer

  4. Ex stopped paying alimony two months ago, how to demand back payment? Do I need a lawyer or can I just file paperwork myself?

    Answered over 1 year ago.

    1. Erin Ann Levine
    2. Martha Bronson
    3. Christa Marie Hill
    3 lawyer answers

    Hi, I would have to see your MSA / Judgment first but a good place to start is by sending him an email and 'bcc' yourself and/or a certified letter that requests spousal support payment and arrears for the period he has not paid you. Give him a specified period of time to cure the default (10 days?) You may want to consider filing a Request for Orders with the Court and/or a Contempt action for his failure to follow court orders. For ongoing support (until or unless it is modified) you should...

    Selected as best answer

  5. Does court orders have an expiration?

    Answered almost 2 years ago.

    1. Erin Ann Levine
    2. Donald Frederick Conviser
    2 lawyer answers

    Yes, if the most recent orders do not allow your son to travel outside of California without your consent (or court order) then you can file a Request for Order in the county that has jurisdiction over your custody action. If you are supposed to have custody and the orders have been violated, you may want to consider an ex parte action to have your child returned to your custody/ California. Depending on the specifics of your situation, your ex husband may be subject to criminal or civil penalties.

    2 lawyers agreed with this answer

  6. Can I file a change of venue without going to the court house in person. Also what county would I file in?

    Answered about 2 years ago.

    1. Erin Ann Levine
    2. John Noah Kitta
    3. Sarah Victoria Cottingham
    3 lawyer answers

    It depends. The court can make ex parte orders prior to a transfer if there is an 'emergency' warranting it. Additionally, assuming the court did not yet order the change of venue, you can file a standard request for orders (custody and support) and the court will most likely render orders without requiring venue to be changed first. If your ex requests that venue be changed, the court will likely order the case to cc but may make temporary orders pending the transition

    2 lawyers agreed with this answer

  7. What is the time limit to reopen a divorce case?

    Answered about 2 years ago.

    1. John Noah Kitta
    2. Michael Charles Schwerin
    3. Donald Frederick Conviser
    4. Erin Ann Levine
    5. Manuel Alzamora Juarez
    6. ···
    6 lawyer answers

    Hi, I would need to hear more background information to be able to truly offer my opinion. However, assuming that she filed a "Response" and/or signed the Judgment, it would be very difficult for her to now try and revise the terms of the Judgment (unless there's an exception such as "fraud"). Additionally, if Spousal Support remained "modifiable" and/or reverted to "reserved" status in January 2011, she will likely be able to request additional support from the court (although it is not...

    2 lawyers agreed with this answer

  8. On form FL 180 2nd page, (n) Spousal support, how do I address that issue if not asking for spousal support?

    Answered over 2 years ago.

    1. Donald Frederick Conviser
    2. Erin Ann Levine
    3. Cathleen Elisabeth Norton
    3 lawyer answers

    Hi: Even if you address spousal support on FL 170, you also need to address it on FL-180. FL-180 is the actual Judgment and is enforceable. Since you want to give up your right to receive spousal support, you will need to check 4(l)(2) -- and check the petitioner box. As far as your spouse, you may be able to terminate the court's ability to award spousal support to her/him also but you will need to look back at your initial Petition to determine if you made that request AND the marriage must...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  9. Do I need to contact CPS if the mother of my children uses drugs?

    Answered about 2 years ago.

    1. Erin Ann Levine
    2. John Noah Kitta
    3. Sarah Victoria Cottingham
    3 lawyer answers

    Yes, I strongly suggest you call CFS. You could face liability for not having reported this issue if something happened to your children whille with their mother. I would also consider filing an ex parte request in your local Family Court to gain emergency custody of your children - requesting sole custody until and unless your wife receives care for her depression or other mental health issues and she has recovered from her substance abuse issues. Best of luck to you and yours.

    1 lawyer agreed with this answer

  10. CA domestic partnership. What effect on community property rights. Say if 1 partner owns home prior.

    Answered about 2 years ago.

    1. Michael Raymond Daymude
    2. Erin Ann Levine
    3. Margaret Davalene Wilson
    3 lawyer answers

    Hi, in California, Community Property applies to both married couples and domestic partners registered with the state. Assuming the property was owned prior to Partnership, the home will remain the separate property of the spouse who acquired the home UNLESS there is a "transmutation." In other words, to change the characterization of the property from separate to community, there would need to be a writing evidencing this intention. However, even if the property remains separate, the other...

    1 lawyer agreed with this answer

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