Skip to main content
Matthew Scott Crider
Avvo
Pro

Matthew Crider’s Answers

52 total


  • Is cps notified every time a woman has a baby

    Is cps notified every time a woman has a baby in California

    Matthew’s Answer

    No.

    See question 
  • How do i get emergency sole custody if the father is in jail

    We have joint custody he had sole custody but he went to jail for dv with his girlfriend

    Matthew’s Answer

    I recently wrote about this very issue on my blog. See the link below. Here is an excerpt:

    During a case where the custody of a minor child is in issue, the court may make whatever temporary custody order “seems necessary or proper.” All custody adjudications are rooted in the child’s best interests, with the primary concern being the child’s health, safety and welfare.

    If the family law court determines that the parent in jail or prison committed domestic violence against the other party or the child (or child’s siblings) within the past five years, the incarcerated parent will have to overcome a rebuttable presumption that a sole or joint physical or legal custody award to the incarcerated parent is detrimental to the child’s best interest.

    If the other parent is in jail because that parent committed domestic violence against a person other than the other parent or the child, the fact that the other parent has been convicted of domestic violence may still serve as a basis to file a motion seeking to change custody.

    See question 
  • When calculating timeshare % for kids in CA do you count the amount of Holidays you spend with the kids?

    When calculating timeshare % for kids in CA do you count the amount of Holidays you spend with the kids?

    Matthew’s Answer

    Yes, you typically count all custody time for determining timeshare.

    See question 
  • I own a house , how can i keep it out of my upcoming marriage

    no details

    Matthew’s Answer

    Do you own your house outright? Do you have a mortgage on it?
    Because you own the property before marriage, it is your separate property. If you pay the mortgage or do improvements during the marriage using community funds, upon divorce your spouse can make a claim for reimbursement. You should discuss your concerns with an attorney skilled in premarital agreements.

    See question 
  • If some person gets married and was already married and did not get devioce what happends to the second marrage?

    my mother was married once in 1981 and never got a devioce and remarried in 2007 and now is in a nusing home my step dad is trying to get her money from a setelment but has done nothing to care for her let alone go see her how can i stop this?

    Matthew’s Answer

    The second marriage is void.

    See question 
  • My domestic partner was laid off and now on unemployment, can I modify my child support payments because of this?

    I have 3 children from a previous marriage and my child support was slightly increased because I made $2.00 more (due to a time differential during my work hours) but now my domestic partner was laid off. Can I request to modify my child support ...

    Matthew’s Answer

    Generally new partner income is not a factor in child support calculation. However, you may be able to claim a hardship based on her 2 children from a previous relationship. I suggest you contact an attorney in San Francisco.

    See question 
  • My husband's mother has living trust, 4 siblings, 1 died recently, the other has cancer, suspect brother of bad behavior

    my husband concerned about his brother trying to minipulate mother and get living trust changed without his knowing. She has 2 properties, one she resides in, the brother in question lives there also. She owes nothing on the other property.Brother...

    Matthew’s Answer

    Your question presents a number of issues: How old is your husband's mother? Does she have any memory problems? Is your husband receiving anything from the trust, or is he a beneficiary only after his mother's death?

    It may be possible for your husband to ask for an accounting. However, if his mother has capacity and is not incapacitated, she can change the trust and remove your husband as a trustee.

    See question 
  • I need to find out if I could sue my sister she was executor of my fathers trust who passed in 2003. He had the trust made 1997

    And now after court battle about my mother I see she was about to do it again.

    Matthew’s Answer

    I would need more information to answer your question. Answers to these questions are dependent in large part on the language of the trust document. For example, what are you saying your sister did wrong? Does the trust have a no-contest provision? Is the trustee estate opened or closed?

    See question 
  • My wife file a divorce and i did not get any copy and the case pending. Can my wife force get divorce without responding?

    Its been 3 months since she file the divorce and i have not responds any of the paper, can she force any of what is in the paper? And i check she already have a case number and it says pending..

    Matthew’s Answer

    Were you served with the divorce paperwork? If so, you should file a response as soon as possible so your wife doesn't get a default judgment against you.

    See question 
  • Should my husband include this information?

    My husband is going back to court on 01/03/2013 for OSC-Modification. It will be over a year since his ex brought him back to court to request that her alimony continue. They both have representation. Last appearance, the judge saw both attorneys ...

    Matthew’s Answer

    If your husband loses his job, he should contact the court and seek to modify spousal support once that happens.

    See question