Dear Sir: First of all, I am sorry to hear about your Health Problems and the economic hardship you are now facing.
This is a good question. First of all, you are entitled to ask the Court to reduce your Child Support obligation if there has been an "involuntary" reduction in you income since the time of the previous court order. This is clearly appears to be the case in your situation. You must disclose the full amount of your disability, and make sure you tell the Judge if it is taxable or...
The law states that parents must equally share all uncovered medical and dental costs. When you pay a uncovered cost, you must provide the other parent with the bill within 30 days. That parent must pay you back half of the amount you paid.
You can ask the Judge to order the other parent to pay you back if that parent does not reimburse you promptly. The important thing is to keep good records of what you paid and to not delay in sending the other parent the bill.
The short answer is no. A settlement proposal is just that, a proposal. The legal system encourages parties to settle cases out of court. Therefore, all settlement negotiations are generally "off the record" and should not be brought up in front of the Judge. The reason for this is that the legal system wants people to feel free to make proposals in order to settle a matter. The Court wants you to feel that you can speak freely.
The short answer to your question is yes, when the DVRO expires the Divorce Custody order will revert back into effect. You have an option of filling a Request to Renew the DVRO but this must be done before the order expires. The Court has the option of extending the order for another fixed period of time, or even making the order permanent. You should also ask that the Court consolidate the DVRO with your Divorce Case so that you have just one case number in Sacramento. All the issues in your...
It appears that your Husband may have entered the Default against your recently. You had 30 days from the date that you were first served the Summons to file a Response here at the Court House. If no response is filed, a Default can be entered. This would have the effect of "locking you out" of the case.
This is a very serious matter. Please consult with an experienced Family Law Attorney with out delay.
The first thing to do is to check your Judgment of Dissolution. See what provisions were made regarding Spousal Support. If you agreed to terminate jurisdiction over this issue, than he will not be able to request Spousal Support ever again.
If the issue of Spousal Support is still open, he will have to show that he has a genuine need. Most likely the Court will be highly suspicious of this guy. If he has not needed support in all this time, why does he suddenly need it now?
The proper way...
The first question is has the Court hearing been ordered? It appears that it has as you made a comment about having the matter reconsidered by the Court.
In order for the Court to hear a Request to Reconsider Motion, there must be a new piece of information that was not considered at the initial hearing. That does seem to be the case with your situation. However, a Motion to Reconsider must be filed within a few days of the date of the original hearing. If you do not file the papers before...
The Short answer is absolutely not.
Under California Law, only your Husband's actual income can be considered when the Court makes a child support order. Your income is only factored into the calculation for tax purposes. Your income or other separate assets don't come into the picture except for some rather rare circumstances. This case does not appear to be one of them.
I hope this answer was helpful.
You will need to contact Family Court Services directly regarding serving a subpoena on the mediator to testify at trial. You will need to serve a Subpoena for Personal Appearance on the FCS office along with a check for the witness appearance fee. It is best to find out as soon as you know when the Trial Date is to contact FCS and make sure that the mediator is available on that date. FCS usually requires at least 30 days notice before the trial date in order to serve the Mediator.
You do not need to apply for a Legal Guardianship. This can be a rather involved process. The most practical course of action is for your daughter to get a Child Support order against the Father and start collecting support. Both the Father and Mother have a legal obligation to support the child.
You do deserve a lot of Grandparent praise though for stepping up and helping in this matter. Good luck to you.