John Vincent Montero’s Answers

John Vincent Montero

Sacramento Child Support Lawyer.

Contributor Level 8
  1. Is Disability Income Considered Normal Income in California Child Support Calculations?

    Answered about 2 years ago.

    1. John Vincent Montero
    1 lawyer answer

    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...

    5 lawyers agreed with this answer

  2. There is an court order for 1/2 medical out of pocket expenses to pay for the children. Ex refused to pay when I showed

    Answered 10 months ago.

    1. John Vincent Montero
    2. Robert Andrew Michael Burns
    3. Wail Sarieh
    4. John Henry Perrott
    5. Jason Allen Ewing
    6. ···
    6 lawyer answers

    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.

    4 lawyers agreed with this answer

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  3. Can a child custody settlement proposal be used against you in court?

    Answered 7 months ago.

    1. Thomas Allen Neil
    2. Harris Justin Brumer
    3. John Vincent Montero
    4. Erick Masten Platten
    4 lawyer answers

    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.

    4 lawyers agreed with this answer

  4. When the temp DVRO expires, do our original Divorce/Custody Orders go back into effect i.e. 50/50 or do temp order go forward?

    Answered 8 months ago.

    1. John Vincent Montero
    2. Edna Carroll Straus
    3. Stephen Ross Cohen
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  5. Can you reserve old divorce paperwork if you filed changed your mind and then separate years later. This paperwork is six yr old

    Answered almost 2 years ago.

    1. Michael Charles Schwerin
    2. Michael Charles Doland
    3. Donald Frederick Conviser
    4. John Vincent Montero
    4 lawyer answers

    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. Good Luck.

    3 lawyers agreed with this answer

  6. After final divorce of 6 years, my ex husband is now seeking alimony. We were married for 6 years. Can he do this?

    Answered about 2 years ago.

    1. Warren Sherwood Forest
    2. John Vincent Montero
    3. Peggy Margaret Raddatz
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  7. I gave the wrong residency date at a Family hearing my xwife is trying to change venue from Sacto to L.A.

    Answered almost 2 years ago.

    1. John Vincent Montero
    2. Donald Frederick Conviser
    2 lawyer answers

    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...

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  8. Can my husband's ex-wife go after a portion of a settlement I would receive in a lawsuit?

    Answered 10 days ago.

    1. John Vincent Montero
    2. Robert Andrew Michael Burns
    2 lawyer answers

    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.

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  9. Do family court mediators have to give you the report on there recommendations a certain amount of days before court date?

    Answered 18 days ago.

    1. John Vincent Montero
    2. Robert Andrew Michael Burns
    2 lawyer answers

    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.

    2 lawyers agreed with this answer

  10. My daughter(26) with her son(5) live with me & are in my tax return. Am I his legal guardian, or I need to apply?

    Answered 8 months ago.

    1. John Vincent Montero
    2. Robb Adam Longman
    3. Robert Andrew Michael Burns
    3 lawyer answers

    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.

    2 lawyers agreed with this answer