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Michael John Apicella

Michael Apicella’s Answers

292 total


  • Is there anything that can be done about abusive emails from a non-custodial parent?

    We currently have a custody/visitation order with an attachment stating that all communication (including text and email) be conducted in a respectful and business-like manner. Non-custodial parent bombards me with emails/text message with the ...

    Michael’s Answer

    I'm sure receiving such communications can be annoying. However, he's doing you a favor, and himself harm, in regards to providing you with evidence of his hostile attitude and other problematic behavior. If you find yourself in court again disputing any custody related issues, and his behavior is relevant to the court's decision, he has provided written proof of such behavior. In other words, it's won't simply be your word against his.

    Print and store all those texts for future reference.

    In the meantime, don't respond in kind. You can simply ignore his rants, and instead, respond only about important issues related to the kids. When you respond, be overly polite and professional.

    Keep this thought in mind: If you give people enough rope, they'll usually hang themselves with it.

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  • My,children father hasn't been in their lives for 9 years.

    He wants to reduces his monthly payment to his girls so he could pay for his past due of 17k. What grounds does he have. They live with me FULL time in CA and he lives in Seattle. I was diagnosed with breast cancer on April 4 2014 and on disabilit...

    Michael’s Answer

    You can contact the Department of Child Support Services in Santa Rosa. They offer free assistance with modifying or enforcing child support orders. Look up their contact info via Google.

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  • Divorce Exchanging financial disclosures - should I include a cover letter or can I just put the documents in an envelope.

    I'm sending these documents (schedule of assets and debts, income and expense declaration etc.) to my spouse's lawyer. Am i supposed to include a cover letter with the documents? Is it okay just to put them in an envelope and put it in the mail? ...

    Michael’s Answer

    Form FL-140 is the cover page. It specifies what disclosure documents you are serving. You should also attach a proof of service by mail, which is form FL-335. You can find such forms here: http://www.courts.ca.gov/forms.htm?filter=MO

    Of course, keep a copy of all documents you serve on your spouse for your records.

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  • How can I best protect myself in custody case prior to filing?

    We have agreed to split amicably and discussed what is best for the children at their current ages, but I'm worried because Father does not actually want to split and may just be agreeing to seem amicable. I don't want things to get ugly, but I'm...

    Michael’s Answer

    What Mr. Cohen said is correct. As I said in my other answer, you and your "ex" can jointly hire a mediator, and that mediator's office can handle all the paperwork for you.

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  • How do I protect myself when filing for custody?

    We have agreed to split amicably and discussed what is best for the children at their current ages, but I'm worried because Father does not actually want to split and may just be agreeing to seem amicable. I don't want things to get ugly, but I'm ...

    Michael’s Answer

    You can attend private mediation, and have the mediator draft up the agreement between you and the other parent. Then, have that mediator file the agreement with the court at the same time that your case is opened. Private mediation is voluntary, however. Hence, both parents have to agree to attend mediation.

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  • How long do you have to be married to get half of your spouse's 401 K pension.

    We have been married for almost three years, and I am filing for divorce and I want to know if I would get half of my spouse's 401 K Pension.

    Michael’s Answer

    Yes, you're entitled to half the "community" value of that asset. Community value may accrue from the date of marriage until the "date of separation." This is a somewhat technical issue. You can look up answers about dividing a pension or 401k online, either via this site, or via Google. Or, hire a local family law lawyer for a consult.

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  • California divorce process through mediation.

    Hi, I have a question regarding CA divorce process through mediation. As I understood there is no need to be present at a court and both parties are agreed on the entire terms and there is no children and financial benefits involved. My wife has l...

    Michael’s Answer

    Yes, you can use mediation to resolve your divorce. A mediator, such as myself, can help you and your spouse draft up the necessary papers to finalize your divorce, including a marital settlement agreement with all your settlement terms, assuming that's appropriate given your circumstances. Sometimes, a martial settlement agreement isn't necessary. Instead, you can file what's called a "stipulated judgment." Either way, you do not need to get an order for legal separation. You can simply get a judgment of dissolution, by having the proper papers filed with the court, as mentioned above. Hope that helps.

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  • In my divorce am I entitled to half of 401K?

    My Husband and I were married almost 7 years before separation, am I entitled to half his 401K ? Also half of a pending settlement for an injury that occurred during Marriage?

    Michael’s Answer

    Yes, you're entitled to your community share of the 401K funds, which is 50% of what was earned between date of marriage and date of separation. More info is needed to answer the personal injury question. I suggest you go online and do some research. There are many articles that discuss the issue of whether personal injury awards are community property to be divided at divorce.

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  • 13 years ago I married my husband but realized his divorce was not final

    We had no idea that we married before his divorce was final. He receive the papers and didnt read them he thought that's it, it's over. Now 13 years later I stuble across the divorce papers and notice the dates..what does this mean? We haven't be ...

    Michael’s Answer

    If your "husband's" divorce has now been completed, simply get remarried (which technically, will be your first valid marriage). If the divorce is not yet completed (i.e., he has not yet obtained a judgment of dissolution), then he needs to complete the divorce first, than as said, get "re"married.

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  • A hearing has been scheduled for a "Request for Order" in a divorce case. Can I get an extension?

    I was given the paperwork on the 28 th and have to appear on the 9 th. This does not give me adequate time to find an attorney and get the information together.

    Michael’s Answer

    Go to Google and look up California Code of Civil Procedure section 1005. Subsection "b" states: "Unless otherwise ordered or specifically provided by law, all
    moving and supporting papers shall be served and filed at least 16
    court days before the hearing." You said "given" above in your question. Thus, I'm assuming you were personally served. If not, and for instance, you were served by mail, then 5 ""calendar" days must be added to the 16 "court" day time period.

    If you go to the hearing and show the judge the proof of service, which I'm assuming shows that you were personally served on 6/28/13, even though the hearing was set for only 11 days after the date you were served, and as well, tell the judge that you want more time to hire a lawyer, the judge will reset the hearing date for a sufficient time in the future to satisfy CCP section 1005, and will instruct the moving party to re-serve the moving papers on you.

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