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Andrew Lee Westover
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Andrew Westover’s Answers

137 total


  • Can an ex boyfriend petition a court for paternity of a newborn child?

    If the birth certificate doesn't state a father and I haven't filed any court or support paperwork, he never claimed the pregnancy and I never told him it was his. Can an ex boyfriend petition for paternity just because he thinks the baby is his? ...

    Andrew’s Answer

    The simple answer is yes. Your ex can file a petition to have the court establish his paternity of your child. You will then have an opportunity to file a response to refute his claim. In the end, the court will order a DNA paternity test and you will both have your answer. If he is not the father, then the matter will be over. If he is determined to be the father, then the court will need to address things like custody, visitation, and child support.

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  • How much child support am i going to have to pay?

    hello, im in a tough situation at the moment. i am an undocumented worker but Ive lived here most of my life and i have had a hard time getting a stable job but i make a living by going auto shop to auto being an auto detailer. currently Ive been ...

    Andrew’s Answer

    Child support is governed by the Statewide Uniform Child Support Guideline Calculation. The calculation will not only take into consideration your incomes but also certain expenses, deductions, and taxes you each pay. There is a free calculator online at http://www.childsup.ca.gov/Resources/CalculateChildSupport.aspx that can help you make the calculation. An experienced attorney can help you fine tune your calculation.

    However, child support only comes into the mix if you and your finacee are separated. If you are both living in the same household, and neither of you has started a child support case, the law will simply require you both to jointly contribute what is necessary to maintain your household.

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  • Dear AVVO, I am a concerned citizen. How do we respond to child abuse like this? Especially its the parents who do such thing?

    Dear AVVO, I know a 16-year old girl who is being implicitly forced by her mother to meet with a guy--whom is her mother's bet to be her boyfriend. The guy is around 25-30 years old. The girl doesn't like the guy. Whenever the guy visits at the...

    Andrew’s Answer

    If you are truly concerned, and if you truly believe the child is being abused, your best course of action is to report your concerns to your local police department or to Child Protective Services.

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  • As the custodial parent what can I do to protect my daughter?

    Now 13, my daughter just told me that when she was 9 Her father's fiancée's older son 15 at the time woke her up one night, touched her private parts and made her touch his. She said her father was at work at the time. She knows what to do about...

    Andrew’s Answer

    If you are concerned about the safety of your daughter, you should report the incident to your local police department and let them to their investigation. You want to take appropriate action right away. The danger of not taking action is that your daughter may mention this incident to another person, such as a doctor, teacher, or therapist, and that person is required to report the incident to Child Protective Services. If CPS is called in, you will need to show you took your daughter's statements seriously and tried to do something about it..

    From the Family Law perspective, if the 19 year old still has access to your daughter when she is at Father's house, you may need to seek a motion for a change in custody or visitation to protect her. Although you may be too late to seek a restraining order against the son, you should be able to get an order from the Family Court that Father must not allow his Fiancee's Son to be around when your daughter is in his care.

    You should seek the assistance of a local family law attorney to assist you in this matter.

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  • She told me was 18, her parents made a police report against me, police told me she's 17 going on 18 I'm i in trouble

    I was ccalled to the police department, some women I was talking to made a report against me her parents made her, I thought she was 18 going on 19 years old, when the police are interviewing me they told me she's 17 going on 18 I'm a in trouble

    Andrew’s Answer

    More than anything else, you should not speak to the police, any investigator, or anyone else about this matter. You must get an attorney to represent you at this time. This can be very serious and you will need legal assistance. If you are questioned, you want to say you do not want to speak with anyone without the assistance of an attorney.

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  • How do I go about getting rid of my alimony payments ? Which paperwork do I need ? My case is in California & I live in reno.

    I live in reno & my case is in lamore California. How do I go about getting this down. Thank you .

    Andrew’s Answer

    It sounds as though you have an existing order for long term Spousal Support (i.e. Alimony), you will need to demonstrate a change of circumstances has occurred since the order was filed. That will require you to file a motion for modification of spousal support and you will need to present evidence regarding all of the Family Code 4320 factors. This is an area of law where you will need the assistance of a skilled family law attorney. Be aware that a motion to modify spousal support based on a change of circumstances can work both ways. While you may be seeking a reduction, your ex has the right to seek an increase. Only the specific facts in your case will determine which way it will go.

    As far as the forms you need, please see links below. There may be additional forms, and documentation, necessary due to the specifics of your case, but these should get you started.

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  • Is there a way to get child support rears consolidated? Is there a way to get permission to get a passport with rears?

    My husband has an opportunity to do film work out of the country for a short period of time. But he has child support rears and is being told he can not get a passport until rears are paid off. The is over 29,000.

    Andrew’s Answer

    Since the passport renewal is blocked, it appears the Department of Child Support Services is involved in your case. Your husband will either need to reach an agreement with DCSS for release of the passport hold or he will need to file an appropriate motion seeking a court order to remove the hold. As long as the child support arrearage exists, it is unlikely DCSS will agree to remove the hold without some additional security being put into place.

    You need to discuss this with a local family law attorney as soon as possible to go over the specifics of your case.

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  • Can I get charged with fraud? Just because I did a favor to deposit some checks to some people acc. And they were stolen.

    My uncle ask if I could go to Bank of America to deposit some checks to some people he owe money. So he gave their account numbers and the checks so I went and did the deposit. So now I found out that the checks were stolen. Can I get charged with...

    Andrew’s Answer

    This can be a very serious issue. The most important thing you can do at the moment is to not discuss this matter in a public forum, such as this one. I know you are looking for answers but you have a Fifth Amendment privilege not to speak and you should exercise it.

    That being said, there are serious potential issues with bank, and wire, fraud. Fraud requires a specific intent to commit the crime, therefore, if you did not know about the stolen checks, you may have a valid defense if you are ever charged. These types of crimes are not only State crimes but can also be Federal crimes. You need to consult with an attorney, privately, regarding the specifics of your situation.

    With the serious potential consequences here, you need to consult with an attorney. Most importantly, you should not speak to anyone about this matter unless they are your attorney.

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  • Do I have to receive permission from my ex-wife to move with the children to another state?

    Divorce was finalized several years ago. I have sole physical, joint legal, and she lives in another state. Visitation schedule won't be interrupted due to the move.

    Andrew’s Answer

    The answer to your question will depend greatly on the terms of the order set forth in your judgment. Since the divorce is final, the temporary restraining orders regarding removal of children from the state no longer apply, however, the judgment may contain such a provision.

    In short, if you have sole physical custody, the presumption of Family Code 7501(a) most likely applies which states you have the presumptive right to move. You must give notice of your intention to relocate the children, based on the deadline in your judgment, and then it will be up to your ex to file a motion to prevent the move. if the visitation schedule will not be impacted by the move, it should be an uncomplicated move away hearing.

    All that being said, you need to consult with an attorney, as move away cases are very complicated.

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  • What are my legal rights once a family support judgment has been made by the courts in California

    Court ordered family support was made by the courts in California . Can my ex husband disregard and not pay because his attorney wants to appeal the order ?

    Andrew’s Answer

    The filing of an appeal does NOT stay your ex husband's requirement to follow the court order. If he is not following the court order, you should pursue a contempt of court proceeding, either on your own or through Department of Child Support Services (if available).

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