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Sean Gjerde’s Answers

48 total


  • Divorce/Custody final, asset hearing over a month away. Ex took community property car out of my driveway, what can I do?

    I also just found out that last week she traded in two other comm. property vehicles (in her possession) for a very expensive new car. Mine was taken out of my driveway sometime after 10 this morning. On the FL-142 she even states this vehicle as ...

    Sean’s Answer

    Have to file an ex parte to get a hearing to have the car returned prior to the hearing.

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  • Is there a maximum amount of hours a child has to be in school as as far as child support is concerned.

    My son is 18 but he goes to school eight hours out of the week because the judge Received a letter from the principal that he goes to a full time accredited school that the school district consider him a full time student pony going eight hours ...

    Sean’s Answer

    That is a good question, and its really depends on the judge. I believe the nature of the law being a full time student, and I have had judges agree with me in the past on this, but other judges find adult school (night school) to be acceptable as well.

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  • Do i need an lawyer?

    If a man gets remarried and for some reason loses his job, is the new wife liable to pay the child support or garnish her wages? will child support be higher if i get married?

    Sean’s Answer

    no

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  • How can I get the interest that has been tacked onto my child support reduced or eliminated?

    According to SB County I owe over $5k in interest on a $3900 back support. My ex claims to have faxed in the required collection cancellation request letter but SB County says they didn't get it. Knowing how they operate I would not be surprised...

    Sean’s Answer

    You can request through DCSS for the debt cancelation. If the debt was collected through DCSS in regards to aid then that is the county's money, and they make a literal fortune every year from the collection of child support. If the debt is from enforcement of child support from the other party, then you need a court ordered stipulation that addresses that debt.

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  • What do I need to say in court to assure that my daughter's father who is a former drug user will not get 50/50?

    My daughter is 8, we never had anything in writing and he has been picking her up whenever he feels, has been harassing me in front of her. He was absent from her life for the first few years. He is self employed and lied about his income on his t...

    Sean’s Answer

    You need to get back into court. Child Support and Child Custody are seperate things.

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  • Can i deny child support in CA?i make similar with my soon to be ex but will make a lot more.i only asked him pay for health ins

    he has been paying for my and my two children (his) health insurance every month. we are getting a divorce. i don't want his money but i ask for him to keep paying for the health insurance. we agreed on 50-50 custody.

    Sean’s Answer

    Keep in mind child support is for the child, you can waive child support, but you have to be specific in waiving it, judge might not honor it as well.

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  • Do I need to get another divorce attorney?

    On April 15, 2010 I had a Mediation and hearing. A family law stipulation and order was signed by all. Afterwards my attorney estimated finalization cost to me for him and the other attorney to file necessary forms for me to get a signed decree fr...

    Sean’s Answer

    Sounds like a communication issue, would recommend seeking new counsel. There might be something you just need to file.

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  • If I take my corporation bankruptc in a Chapter 7 do i have to take the pre-bankruptcy filing course?

    That's it.

    Sean’s Answer

    no

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