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Erin Ann Levine
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Erin Levine’s Answers

22 total

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

    Our MSA is for 10 years. We are in the middle of the third year, and he is avoiding my phone calls and emails. He said he is filing paperwork to terminate payment, but he hasn't sent anything to me nor have I been contacted by the court. According...

    Erin’s Answer

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    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 see if a wage assignment is possible. I'd recommend that at a minimum, you schedule a one-hour consultation with an attorney.

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  • What type of questions should i ask at a consultation with a family divorce attorney?

    seeking full custody, child support and alimony, to keep the home for at least several years before selling.

    Erin’s Answer

    Hi, this link might help. It is an article I wrote about choosing a family law attorney. http://www.bayareadivorcelawblog.com/2012/08/how-do-i-choose-divorce-lawyer.html?m=1

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  • If my son goes to Trade School does his dad pay child support?

    My son is going to be 18 soon and getting out of High School , he wants to go to a trade school right after. Does his dad pay child support until he gets out of the trade school or after high school?

    Erin’s Answer

    Child support can be ordered until your son graduates high school or turns 19 years old, whichever comes first. There is an exception to this rule for adult children with serious disabilities wherein they are incapacitated from earning a living.

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  • How long does it take to get a restraining order?

    My wife and I fought last night. I left with some of my things but I need to return for the rest. She threatened a restraining order.

    Erin’s Answer

    It really depends. It's possible that if she submits a request to the court on a weekday morning, she could have a temporary RO by close of business day if it is granted. It must be served to be valid. It is probably a good idea to request a police civil standby when you renter the home to prevent further incident

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  • Does court orders have an expiration?

    My husband filed for divorce in 2007 but never pushed through with it. We are still living together. The court order specified that our child cannot be taken out of state without written consent of the other parent. My husband sent our son to W...

    Erin’s Answer

    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.

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  • 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

    This includes child custody and child support. also modification on judgement %18 percent custody that was granted to the father after domestic violence case.

    Erin’s Answer

    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.

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

    Took money we split and moved. He has house and is paying me pymts on half the house. I am using my retirement and some of his to pay for everything. He doesn't have to pay rent. He works under the table and does not share his money. What happe...

    Erin’s Answer

    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.

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

    HI I have a family law case that has been heard of and on in Alameda county since 2002. in 2006 the judge asked that we move the Contra Costa as we are both living there now. I don't know what forms to file or where to file them at. also we are ha...

    Erin’s Answer

    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

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

    I am the father of 3 children, two 10-year olds and one 6 year old. For the past 5 years my wife has been using drugs, slit her wrists twice and recently my son found her passed out on the floor after using drugs. I commute every day 100 miles eac...

    Erin’s Answer

    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.

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

    Just wondering. 1 partner owns home outright prior. The other is listed on his kids house. Will these stay as separate property?

    Erin’s Answer

    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 partner may have a reimbursement and/or equity interest in the home at divorce.

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