Rosanne Elizabeth Calbo-Jackson's Answers

If a custodial parent violates a court order, can they be sued in civil court?

A violation of a court order can result in a contempt action being filed against the party violating the order. This would be done in the family court. Contempt, however, is a very serious remedy, which is quasi-criminal in nature as it can carry a jail sentence. Proving a contempt is difficult at best, as you need to prove each element of the contempt with a high level of proof. I can't tell what type of order has been violated. Without more information, it is hard to provide any...

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Custodial interference/parental alienation

These types of cases are extremely difficult and it takes someone who can dedicate a good amount of time to the case in order to restore your fiance's parenting time. The mother is violating court orders and that, if proven, can be the subject of a contempt matter. An attorney would need to investigate to see if there is a case. Contempt is very serious and can carry penalties, including jail time. But based on what you are stating, mother is going to continue to make it difficult for dad to...

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Family law-Dissolution of Marriage

You can file a motion to request publication of the summons, but before you do so, you have to show the court that you have done your due diligence in finding your spouse. This would include asking his family members, neighbors or co-workers where he is, conducting internet searches to try to find him, calling his last known telephone numbers etc. It is difficult to just walk into court and stated he is nowhere to be found if you haven't tried to find him. Once you file the motion and the...

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Re: affordable options for separation mediation/ how to file taxes.

Regarding child support, you can seek the assistance of the Department of Child Support Services in your county. They will pursue an action for child support for you at no charge. The amount may or may not be higher than the $400/month you are currently receiving. There are many other factors that are taken into account when calculating child support, including deductions for union dues, retirement, and health insurance to name a few. You may also be eligible for spousal support. They will...

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Judgement for Family Law Court

When a party does not show up at court for a hearing, and he has been properly served, the court can make orders in his absence. There is an exception for those serving in the military as they can obviously not show up if they are stationed elsewhere. In general, the court will grant you all the relief you requested. I have sometimes seen judges fail to grant all the relief, but that may be due to the circumstances involved in the case. Once you have your hearing, you will have to prepare an...

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Will the court cancel previous back child support when there's a new modification in child support?

The court cannot cancel out the previously owed support, or arrears as they are known. If there is a modification of the child support amount, it will be prospective from the date that the paperwork was filed in the court. You can request that your ex begin making a payment against those arrears, especially if his child support obligation is reduced. This can go into the court order and would be in addition to the new child support amount. Good luck, Rosanne Calbo-Jackson

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What should I do if I have a pending criminal case and a restraining order case, and I have the R.O. hearing before the other?

You should ask for a continuance of the restraining order hearing to allow time to seek counsel to represent you or to at least get some legal advice as to how to proceed. The court will most likely grant the continuance for a short period of time (three weeks or less). You should not proceed without advice. Since you mention that the two cases are related, the court in the restraining order matter may want to see what happens in the criminal case. Not knowing the specifics, I would advise...

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CA: Child support payments more monthly income. I live in China, payment based on unfair pay scale.

You need to get counsel here in CA to advise you. The child support is set according to CA law, which recognizes a minimum wage or higher, not the prevailing wage in China. The court imputed income to you, based on some evidence that a job was available to pay you $12 per hour. If that was not credible evidence and no such opportunity exists, then you may have grounds to modify. As to what the mother does with the support, there is really nothing you can do about that, unless it is impacting...

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I have two questions can a respondent ask for me to pay attorney fee's at the end of our trial

Fees can be based solely on the fact that you earn more money than your spouse and do not have to be based on who "won" or "lost". The exception to that is if one party took a particularly outrageous stance on an issue, which can lead to a party paying fees as a sanction. You can try to argue that you weren't given enough time to adequately respond to her request since you only got it less than a week prior to the hearing. If the judge allows it, make sure they have provided proof of fees (it's...

How do I collect late child support payments that are being ignored?

It is not clear from your answer whether you have a court order or not. Not sure what you mean by legal contract. If you don't have a court order, you should get one ASAP. You can do this yourself or get the assistance of an experience family law attorney. Another option is to contact the Department of Child Support Services in your county. They are the state agency responsible for helping to collect child support. They can also collect back child support (called arrears) for months that...