Rory S. Coetzee’s Answers

Rory S. Coetzee

Monterey Family Law Attorney.

Contributor Level 10
  1. Mistake

    Answered 7 months ago.

    1. Rory S. Coetzee
    2. Derrick James Taberski
    3. Michelle Louise Blair
    3 lawyer answers

    The choice is absolutely yours to make. You have the option of filing a supplemental declaration, in which, you can correct the mistake, or you can orally inform the Court of the mistake at the hearing, That said, you need to make sure that the mistake will not incorrectly make it seem as though you are being untruthful. If there is a possibility of same, I would file a supplemental declaration clarifying the issue.

    7 lawyers agreed with this answer

  2. I need a family law attorney to represent me to throw out the TRO from my ex.

    Answered 9 months ago.

    1. Rory S. Coetzee
    2. Michael John Harrington
    3. Hillary Johns
    4. Holly J Moore
    4 lawyer answers

    Your situation sounds extremely complex, which is why most attorneys would not consider taking this case without a considerable retainer. Regarding the retention of an attorney, i would suggest that you file a attorney fee motion, which is something that you can do yourself. In short, you would be requesting an award under family code section 2030, which Courts often grant if the facts support such an award.

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  3. What are my legal rights in a domestic marriage?

    Answered 10 months ago.

    1. David Alexander Yomtov
    2. John Noah Kitta
    3. Rory S. Coetzee
    3 lawyer answers

    I agree with the answers above. It is imperative that you first serve him with the Restraining Order. However, it is important that you be advised that once he is served, the matter is not over. It is only the beginning. You will then have to prepare to attend a hearing where you will have to prove that a permanent Restraining Order is necessary (if in fact one is). In addition, you will need to get additional orders from the Court to assist you through your divorce (custody, visitation,...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Preliminary/Final Disclosures Documents in divorce

    Answered 10 months ago.

    1. Tobie Brina Waxman
    2. Rory S. Coetzee
    3. Gregory Paul Benton
    4. Therese Ann Accetta
    4 lawyer answers

    I agree with some of the answers above, you do not need to file the Schedule of Assets and Debts or the Income and Expense Declaration. The only document that requires filing is the Declaration Regarding the Service of these documents. That said, the Court will not reject your filing simply because both boxes are checked. However, I must advise you that if your matter proceeds to trail, you may still have to complete a second set of the documents prior to trial as some of the disclosure...

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  5. Can I ask the court to re-order the child support and alimony after finding out my ex actually makes more?

    Answered 8 months ago.

    1. Athina Karamanlis Powers
    2. Rory S. Coetzee
    3. Gary Ralph Ilmanen
    3 lawyer answers

    Absolutely! You could simply file a motion seeking a modification of the prior order based on the changed circumstances, or you could request that the prior order be set aside completely. I would also be sure to seek monetary sanctions under Family Code section 271 for ex's wrongful conduct. Good luck.

    5 lawyers agreed with this answer

  6. Child custody evaluation and psychiatrist reports

    Answered 9 months ago.

    1. Michael John Harrington
    2. Rory S. Coetzee
    3. Andrekita Silva
    4. Brenda J. Russo
    4 lawyer answers

    This is an extremely complex issue. As such, I would advise that you consult with a family law attorney as soon as possible. Regarding the expert, the best course of action is to retain an expert of your own who can contradict his/her findings. Good luck!

    5 lawyers agreed with this answer

  7. Can I wait for mediation on custody & visitation for him to see the kids? No custody or visitation orders are in place.

    Answered 8 months ago.

    1. Rory S. Coetzee
    2. Heidi Pamela Lauer
    3. Judith Ann Routledge
    4. Edna Carroll Straus
    4 lawyer answers

    Your duty as a parent is to protect the children. Given the facts and circumstances of the situation, it seems as though your request is reasonable. That said, since you do not have an order, you currently have nothing to rely on or have enforced if your ex refuses to cooperate. As such, please consider filing an ex parte Request for Order if you need to obtain orders requiring supervised visitation om an expedited basis.

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  8. How is calculated in the child support formula the cost for "reunification therapy"?

    Answered 9 months ago.

    1. Tobie Brina Waxman
    2. Steven Brajkovich
    3. Rebecca M. Perkins
    4. Rory S. Coetzee
    4 lawyer answers

    I agree with some of the answers listed above. However, there is one issue that has not been discussed. In very few circumstances, the court can include the "costs of visitation" as a discretionary add on to child support. That said, unless she asks for it the chances that this will be ordered are slim. In most cases though, the court either reserves jurisdiction to reallocate these costs at a later date or orders the parent going through the therapy to pay for it.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. California Family Law: How to File A Motion to Disqualify Attorney due to conflict of interest?

    Answered 4 months ago.

    1. James D. Madden
    2. Rory S. Coetzee
    3. Edna Carroll Straus
    4. Brenda J. Russo
    4 lawyer answers

    The motion would be filed using the FL-300 form, which you should file along with a supporting declaration. In the supporting declaration, you will need to clearly enplane to the Court the basis of your request. In short, if the lawyer has represented you in any capacity in the past, there is a very good chance that he/she should not be representing the other side in this matter. Counsel's advise to start with a letter is appropriate though.

    4 lawyers agreed with this answer

  10. Going on state disability for baby bonding time, income will decrease by 45%. Can child support be adjusted?

    Answered 8 months ago.

    1. Rory S. Coetzee
    2. D K Kevin Dugan
    3. Marian Kathryn Misterovich
    3 lawyer answers

    The Court will generally only deal with issues that are before it during a hearing. That said, if the issue of child support is before the Court on February 26, 2014, you may very well get to argue the point. However, please remember that your unilateral decision to take time off of work may not result in a downward modification of your child support obligation. If you are looking for a more permanent reason to modify your child support obligation, you should consider requesting that you be...

    4 lawyers agreed with this answer

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