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Rory S. Coetzee
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Rory Coetzee’s Answers

112 total


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

    Attorney for opposing side has represented me in previous legal matters and is a family friend.

    Rory’s Answer

    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.

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  • Denied visitation pending DNA

    Recently I was in court without attorney regarding a custody visitation petition. Mother has attorney and denied me as the father which she and I know I am. I supported the child for the first 5 years of her life and now she is 12. I asked the ju...

    Rory’s Answer

    I agree with the answers that have already been posted. To ensure that you get time with the child as quickly as possible, I would advise that you consult with a family law attorney immediately. You have rights as a father or presumed parent despite what happened in Court. A family law attorney will be able to steer you in the right direction!

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  • How to collect back child support owed from childhood as an adult? My mother is deceased. He contacted me at 18 by using P.I.

    I know there was an order for child support for my Bio father to pay (NM resident) I was born in CA where my Mom returned to after split and filed custody case, so likely the support would be in CA case as well. She had full custody legal and phys...

    Rory’s Answer

    This is a complex issue that would probably be better presented to an attorney in a consultation .

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  • If I asked my lawyer's Secretary if she's made my own copies of my file then she tells the lawyer that I ordered her, what does

    this mean, since it's not getting done. I have nothing to show, if I need to. Which makes me believe that my case hasn't even been reviewed in months. Emergency Family court divorce & custody issues.

    Rory’s Answer

    Your file belongs to you and you have an absolute right to fire your attorney. If your attorney wants to keep a copy of the file, he/she is entitled to do that. However, they cannot charge you for the copies. If you are unhappy with your representation, you have the right to retain new counsel.

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  • Is there a "do not compete clause in family law?" Is there a "do not compete clause in any area of law?"

    My husband and I have an E Bay business. I filed for divorce because of financial, mental, emotional and verbal abuse. My husband will do anything to make my life miserable, divorce not final and I emailed my husband for a small portion of our b...

    Rory’s Answer

    I agree with the other answers that have already been posted. Unfortunately, there is no such thing. I would advise that you talk to a family law attorney as soon as possible, you may be entitled to obtain sanctions against your ex husband for his wrongful conduct, but you would need to talk to an attorney to determine whether or not his conduct raises to a level that would justify a request for sanctions.

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  • In California will I have to pay attorney fees and cost in a child support/visitation/custody case

    I live in California, and my ex girlfriend (we are not married) has a custody/visitation/support case against me. she is not working and attending school full time. she took out a loan for $5000 to hire an attorney which she has been using. But be...

    Rory’s Answer

    Unfortunately, your questions lacks the majority of the information that would be needed to make a determination regarding your exposure to attorney fees. In short, if there is a disparity in access to funds that can be used to pay for representation, the need for representation, and the ability to pay, then you may have exposure. That said, you should consult with an attorney for a more definite answer.

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  • In California can a judge deduct from a child support calculation the hours a child is in school or in child care

    in California can a judge deduct from a child support calculation the hours a child is in school or in child care so that I don't have to pay as much support?

    Rory’s Answer

    I agree. That time is usually credited to the parent who has the child within their care, custody, and control at the time despite the fact that they are not physically with the child for those hours.

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  • What happens after I file for modification of child support payments due to job loss?

    I lost my job last week. Have already filed for CS modification. Court date is in about 2 mos. What do I do in the meantime? I cannot make the payments but I am concerned about arrears build up. Case managed by DCSS.

    Rory’s Answer

    Unfortunately, the current order remains in effect until it is modified. That said, at the upcoming hearing, the Court has the discretion to make the new order retroactively effective back to the date of the filing of your motion. As such, any payments your make (or don't make) over the next two months will most likley be credited against your new modified obligation.

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  • Mistake

    I made a mistake on my filed declaration for my fl320. What I believed at the time I filed turned out to be incorrect. It wasn't a big deal and it isn't all that relevant to the core of the case. Should I correct it now or at court? (My ex will li...

    Rory’s Answer

    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.

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  • Is there a difference between serving and giving notice to someone?

    What is the difference between serving someone and giving them notice of a court order or restraining order in family law?

    Rory’s Answer

    I agree with the other answers listed already. That said, giving one "notice" usually requires that service occur either in person or by mail.

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