Warren Sherwood Forest's Answers

Is it too late to file Findings and Order After Hearing?

I've seen FOAHs submitted later than 4+ months after a hearing, so the passage of time, by itself, is not the critical issue. Rather, what has occurred since the hearing? You normally prepare a FOAH to serve a purpose. The question is, is that purpose still vital?

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How do I get a final Judgement entered.

Your ex doesn't have to approve the judgment, but you must ask your ex to do so prior to submitting it to the Court. Read this: http://www.courtinfo.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1312

What forms do I have to fill out to officially divorce my wife?

Three forms are needed to open a new divorce case in California: http://www.courtinfo.ca.gov/forms/fillable/fl100.pdf http://www.courtinfo.ca.gov/forms/fillable/fl110.pdf http://www.courtinfo.ca.gov/forms/fillable/fl105.pdf You can skip the last form if your child is no longer a minor. The filing fee payable to "Superior Court" is $395.

Can my spouse receive spousal support, if i've already lived and sharing expenses with my new boyfriend?

I see you live in Los Angeles. If this is a California divorce case, you will be preparing an income and expense declaration (FL150). At the top of page 3 you will see where you must list all the people who live with you, their age, their relationship to you, their monthly income and if they pay some of the household expenses.

California Child Custody laws

It’s a good thing that the father is on probation. He has supervision and is required to have lawful behavior. Perhaps he has seen the light and will become a productive member of society and a responsible father for your grandchild. For the sake of the child, let us hope so. What I’m reading between your lines is that because of the father’s history of making poor decisions, he should not now be given the opportunity to father the child. But if that were the case, what about your daughter?...

When does joint financial liability end in a joint summary dissolution?

California community property law defines liability for debts between husband and wife. Generally, responsibility for community debt ends at the date of separation. However, community property law does not define liability between husband, wife and a creditor. In other words, even though one spouse may not be liable under community property law to the other spouse, that spouse may still be liable to the creditor. Liability to a creditor is defined under the laws of contract. To avoid on-going...

Does non custodial parent have to pay child support once son enters into college and custodial parent moves to another state

I am a California family law attorney so I'm answering this question based on California law. Perhaps my answer will assist a California Avvo reader. Child support is money paid from one parent to the other parent. It is calculated using a computer program that takes the income of both parents into consideration. Child support money doesn't have to be spent on the child's expenses. In California, child support must be paid until a child reaches 18 years old, or finishes high school (if...

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Alimony qualifications: can alimony be received with less than 5yrs. of marriage?

I am a California family law attorney and I'm answering this based on California law. Perhaps my answer will assist a California user of Avvo. In California, Alimony is not a term we use. Instead, we call it Spousal Support. Spousal support is up to the discretion of the family law judge. As a starting point, temporary spousal support is usually calculated using the same computer program we use for calculating child support. A common program used is Dissomaster. Every California county has a...

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My son's father hasn't paid child support in over a year and myhusband wants to adopt him. What would be the best way to go?

I see you are from Indiana. I'm not licensed to practice law in Indiana and I don't know the law there. However, I'm located in California and I can answer the question as if everyone lived in California. The best and cheapest way for your husband to adopt your son is by consent. That means that the child's father agrees to allow the adoption. Father's consent must be made on the correct form. Here is a link to the form you need. http://www.dss.cahwnet.gov/cdssweb/entres/forms/English/AD2A.PDF

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My husband and I are mutually separating on good terms, we don't have alot of money, how do we get divorced in CT?

I am a California divorce attorney so I will answer this question based on California law. Even though my answer will not help you, it may help other Avvo users in California who find themselves in a similar situation. You asked two questions, first, how to get your divorce started. And second, how to make sure you have equal rights regarding your child. You can start your own divorce without using a lawyer. Try the website shown in this answer. The best way to protect your rights with...

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