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Erin Patricia Farley

Erin Farley’s Answers

753 total


  • I have restraining order, my ex cannot meet my daughter, I want to travel to china for one month . Do I need to get his consent?

    I have restraining order, my ex cannot meet my daughter and has no visitation or custody, I want to travel to china for one month . Do I need to get his consent to take my daughter with me? I reside in Santa Calara. I do not feel safe to inform h...

    Erin’s Answer

    All I can say is that it sounds like you can go on a trip, so long as you return; but, without reading your specific orders, I do not think anyone can give a definitive answer.

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  • Looking for family code/case law regarding spousal support....

    Can anyone provide me California family code or case law where the Court has jurisdiction to terminate or reduce significantly spousal support after an increase in income by the other party? My ex has gotten a raise at work and now has additional...

    Erin’s Answer

    I agree with my colleague - look through family codes 4320-4326. Significant facts will include how long it has been since judgment and how long you have been paying support. In general, support will last about 1/2 the length of the marriage; but if you are earning substantially equal amounts, the court may decide your ex no longer needs support. At the least, you will likley obtain a reduced amount.

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  • Family Law - Hearing on Child and Spousal Support - why is there a $30 charge for a court reporter?

    I just filed a request for order and paid $90. I was expecting to pay $60 but was unaware of the court reporter fee. Is this the entire fee or just a deposit? Will I need to pay more money at the hearing for the court reporter. How does this wo...

    Erin’s Answer

    The fee is new (budget crisis, baby) and it is automatic. You would only pay an additional fee if you request a copy of the transcript after the hearing.

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  • What legal tools or responses do I have to mitigate verbally abusive behavior by my spouse in front of our son?

    My spouse & I agreed in couples counseling to speak of sensitive issues digitally. My spouse verbally abuses me and starts fights multiple times daily, the vast majority in front of our 10-year old son. Yes, the fighting is affecting our son gre...

    Erin’s Answer

    I am confused... you refer to your son's dad as your "spouse;" if you are still married, and this man is verbally abusing you in front of your son, then please think of leaving him.

    If this is your ex, it is actually a good sign taht he is adhering to the agreements made in counseling. The provision in counseling is no different than the law - so long as you give notice in each instance, you can still record conversations. Bottom line, though, is that conflict between you will hurt your child. You need to be the better person, do not respond and walk away. I am not in any way saying it is your fault that he is abusive, but there are tools available to help you regain your power and end the discussion.

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  • Is mailing a money order an acceptable method to pay child support to the custodial parent?

    I have to pay child support up until May of next year. The judge did not say I had to go through child support services. They just said I had to have it to him by the 15th. Can I mail a money order?

    Erin’s Answer

    You can mail a money order or other form of payment; but if so, keep copies/documentation so that you can prove the payment was made.

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  • Who has the legal right to a rental if a couple splits up?

    I have an unmarried couple in one of my apartments and they are splitting up. Both want the other to move. Does one have more of a right to the unit than the other? One is the original renter and the other was added on to the lease at a later date.

    Erin’s Answer

    It sounds like both parties are on the lease; if so, they have a joint tenancy and both have equal rights (and equal obligations). I would advise you let them work this out on their own.

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  • Would the following constitute torture of a child?

    An 11 year old boy is pushed forcibly into the garage by his father. Father tells son to strip completely of the clothes he bought him. Then father uses an orange utility cord to beat naked son on back buttocks and backs of legs, head to toe. He a...

    Erin’s Answer

    Do not bother wih online forums. This is behavior egregious - Call the police and call CPS immediately.

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  • Can you get married and fix papers for someone who doesnt have papers at a young age?

    He Is Currently In Jail For Getting Pulled Over Drunk In Nampa , Idaho And Has Court On The 25

    Erin’s Answer

    I am sorry, there are just not enough facts here to answer your question. Try re-posting this question with more information and let us know exactly what you mean by "fix papers."

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  • My landlord is trying to evict me because I can't find roommates that want to rent...

    I have been living in a 3 bedroom 2 bathroom flat in SF and my landlord has raised the rent 900/month every year. My lease expires April 1, 2014 and all my roommates are moving out. I am having a difficult time finding renters and got into a brief...

    Erin’s Answer

    I am assuming that you are the master tenant on one lease (as opposed to separate leases for each room); If that is the case, you are responsible for the full rental payment until you can find suitable roommates. If that is not the case, please so specify in your answer.

    If eviction proceedings are brought, you are the lawful possessor of the unit until after a Writ of Possession has been served and expired.

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  • Property management gave me 60 day notice to move. I've lived here 2 1/2 years. Don't they have to provide a reason?

    I've lived in this small one bedroom apartment in La Mesa (San Diego county)for 2 1/2 years, and have had no major incidents with property management. 2 weeks ago they did an inspection of all units, which according to them went well, except I was...

    Erin’s Answer

    • Selected as best answer

    With a 60-day notice, the property management does not have to give you a reason; but the notice cannot be given for an unlawful reason. It would be on you to prove the notice was given for an unlawful reason (ie., retaliation, discrimination, etc.).

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