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Martha Bronson

Martha Bronson’s Answers

748 total


  • What is the enforceability of a stipulated child support order when DCSS did not know about it for 7 years?

    Recently it came to light that my ex failed to turn in 2 different child support order, both of which had been stipulated, to DCSS and had also failed to notify DCSS of the hearings. 7 years later she files a copy with DCSS who still hasn't signe...

    Martha’s Answer

    Sorry to hear about your situation. First, while stipulations are signed by the parties and counsel, orders are signed by the judge. If the order is based on a stipulation in open court with all present, there is no need for a written or signed stip. You need to get more information about what happened - and get it to an experienced attorney in the area who can hopefully be able to make some sense out of it and provide you with a plan going forward. Good luck.

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  • Can you pursue legal action against California DCSS?

    I am trying to figure out what my best avenue is. I am a NCP and I filed a complaint with the LCSA handling my case that detailed various sections of CA Fam Law codes that they were not following. In the same complaint, I also lodged a complaint...

    Martha’s Answer

    DCSS personnel have governmental immunity against lawsuits, though there are some exceptions that may apply, none of which appear relevant to your situation. Hiring an attorney who can enforce your rights under the code is your best bet, if you have a case. There is to little information to say much more to help you. Good luck.

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  • Missed the deadline for serving RFO papers

    I used various methods to try and serve RFO papers, but had no luck. I understand that papers need to be served outside of the 16 court days. I have missed that deadline. What are my next options?

    Martha’s Answer

    You will need to get another hearing date to put on the RFO and try and serve again. I would suggest getting a professional process server who can track the number of times trying to serve to support a motion to serve by publication if you end up having to go that avenue.

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  • Do I need to give opposing counsel my exhibits before trial date for contempt in family law?

    I am going to trial for contempt. I file this contempt. Do I need to give opposing counsel my exhibits before trial date or do I submit them on trial day of July 31? Statement of issues have already been submitted.

    Martha’s Answer

    The Sacramento local court rules exempt contempt proceedings from the mandatory settlement conference rules which themselves require statement of issues and other reporting, in addition to document exchange before hearing. Nonetheless, depending on the facts of your case, it may or may not, be a good idea to do the exchange, if only to promote settlement of the issue. Best of luck.

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  • What would constitute a police officer to make a lawful arrest on allegations of domestic violence?

    We had gotten in a small argument where she Physically tried taking a phone charger from my hands and threw my cell phone against the wall near my head. I walked out but as I walked out I picked up a bucket of plastic easter eggs and dumped them o...

    Martha’s Answer

    Your post is somewhat vague which makes it difficult to provide you with meaningful guidance. When you comment that "At the time they did not believe a crime had occurred" you imply that when they were done talking with you that they had a change of mind.... hence, you were arrested. If there is a witness declaring to the officer that you did an act of violence against them, that gives the probable cause for arrest. I would recommend that you retain an attorney who can go over all the facts and details of what occurred and formulate a defense, assuming one exists based upon your factual circumstances. Best of Luck

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  • What can I do if I was mistreated by the mediator and judge? The judge made fun of my parenting plan and humiliated me.

    My 2 year old daughter Kailyse is being neglected by her mother and CPS & the court is ignoring it. I have an 8 page report of the abuse my ex committed against me and the neglect my ex inflicted on my daughter and the court ignored it. During my ...

    Martha’s Answer

    As an in pro per you are not likely use to the manner and tone of the court, attorneys and others participating in the legal process. What you perceive as being mistreatment may not be considered being "mistreatment" by those of us who are experienced in the family law arena. it is sometimes a highly charged atmosphere due to the emotions which are aroused by matters of a personal nature so close to the heart as our loved ones. In dealing with the issue of custody, the Judge's interests are equal to those that are in the best interests of the children. If the Judge found that the best interests for your 2 year old is currently with the mother, it is because the information put before the court supported that decision. I would recommend that you get yourself an attorney who can do for you what you were not able to do for yourself when you were in court last. Namely, get the information and evidence before the court which establishes that you are the better parent. You need to try and stay clear of getting caught up in the emotions and caught up in feeling the world is against you. Those Judges are not against you., they are simply taking in the information and making intelligent, well thought out decisions based upon the difficult situations presented to them. You need to keep your eye on the ball (without getting caught up in the emotion) and stay away from trying to blame everyone else. Finally, I completely disagree with the first attorneys comments. You did not give any information about why the "other" attorney did not proceed to represent you in court. It could have been for any number of reasons which could be deemed very reasonable. For example, if the "other " attorney required a retainer fee and you did not pay it, that would certainly be a reasonable basis not to represent you at the hearing. The attorney's comment that the other attorney should be responsible to fix your problem, is just plain WRONG, especially since you did not even disclose why the attorney did not represent you. Best of luck to you.

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  • Is it illegal for a college to use my photo for advertising without notifying me? Its on their website, magazines, and in email.

    While I was in high school, I attended a college for half days to get college and high school credit, and a photo was taken of me that I wasn't aware of and it is now being used for advertising. I was not aware of this until many of the students r...

    Martha’s Answer

    I would recommend that you first review any contracts you have them or other writings with them to be certain that there is not a provision anywhere that permits them to use such photos. If there is nothing in writing about use of your photo, then I would recommend that you WRITE THEM a nice letter wherein you request that the photo stop being used. You may want to cite the California Civil Code Section 3344 which prohibits use of your photo for gain and allows damages. Good luck.

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  • Im trying to move out of state and drawing up a contract to be notarized with my ex husband....

    I need to know if I leave in september to establish residence and come back in october to get my kids from him can he keep me from taking them if he decides to change his mind even if we have a agreement that has been notarized? Please help im no...

    Martha’s Answer

    Yes if he changed his mind he could petition the court to seek custody and prevent you from taking the children out of state, assuming he could establish that was in their best interests. Accordingly, your best bet is to get him to sign an agreement and then petition the court to obtain an order establishing your agreement as an order of the court. Please know that if, after getting a court order, something changes which was not contemplated a bout the children, he could petition the court to have the agreement which supports the court order modified - if he had sufficient evidence to support argument for changed circumstances call for a modification based on the best interests of the children. You should seek assistance with an experienced attorney who can help you and guide you in this difficult, sensitive matter. Free consultations are usually available from an attorney, we provide first consult without charge.
    good luck.

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  • First its police with welfare visits, now its CPS, how can i stop NCP harassing me with false charges?

    Final judgement gives me 100% legal and physical. NCP only having supervised visits. NCP has been challenging the judgement ever since and because child was sick just recent missed out on an "extra" supervised visit I said NCP could have , NCP wa...

    Martha’s Answer

    Without knowing the particular facts it is near impossible to adequately guide you forward. However, assuming there is enough evidence to convince the DA to file a criminal complaint against her, you may want to pursue that avenue as it may serve to discourage her from continuing such harassment in the future and at the same time provide something in the way of restitution. There may also be the possibility for a civil action. Then there is the approach of not taking any action in the legal arena. That avenue would relieve you of the mental and emotional drain you may suffer just from being engaged in litigation proving your harassment case. My recommend to you is to consult an attorney who can go over the specifics of your case and give you an opinion about options and likelihood of success for each. Then weigh the positive and negatives of each possible course of action taking into consideration that any litigation is going to cause added uninvited stress, without which is itself a benefit and may be sufficient enough for you to decide not to pursue any litigation. Best of Luck.

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