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Fernando Guzman Jr.

Fernando Guzman’s Answers

69 total


  • Can I request for fee arbitration. My divorce fee is $12k? How much will it cost me for this

    Fernando’s Answer

    https://www.calbar.ca.gov/Public/Complaints-Claims/Fee-Disputes

    " The State Bar can help you resolve a problem with attorney fees through an informal, confidential and low-cost alternative called Mandatory Fee Arbitration."

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  • How can I figure out the percentage of time I spend with my children in my custody agreement?

    Fernando’s Answer

    You count the hours you have your children and divide by total hours in the year.

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  • How can I find my domestic violence and restraining order record if I was the victim?

    Fernando’s Answer

    Start your search here:

    http://courtindex.sdcourt.ca.gov/CISPublic/

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  • Can I get and emergency custody order if the parent disappears for more than 5 months?

    Fernando’s Answer

    Unless the children are in danger, I would probably file a request for order to modify the current visitation/custody order so that you get sole legal/physical custody, and he is given much less visitation. I would also check the child support order to see what % of time share was used to calculate child support.

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  • My attorney refused to follow my directives ? What can I do.

    Fernando’s Answer

    Fire your attorney if you don't feel he's doing his job.

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  • How do I get me ex to testify at our custody trial?

    Fernando’s Answer

    Assuming she is the opposing party, serve her with a Notice to Appear at the RFO hearing.

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  • How can child Support be taken from monthly Commission and Bonus checks as well as bi weekly pay?

    Fernando’s Answer

    Did the judge order him to pay an additional amount based on his bonuses like every 4 months or 6 months? Usually they order support from bonuses be paid from an Ostler-Smith calculation. However, DCSS does not enforce these orders. You would have to file an RFO to enforce if he does not follow the court order, assuming the court ordered him to pay a % from his bonuses.

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  • Can any custodial parent open a case with DCSS (IV-D) if non-custodial parent is paying support directly and on time?

    Fernando’s Answer

    Yes, child support can be done at DCSS instead of the trial court. You will just have to pay DCSS directly, they then will disburse the money.

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  • Can I file a response to a restraining order 1 day before court I'm the victim in reality so how do I get a lawyer without money

    Fernando’s Answer

    You can ask the San Diego Volunteer Lawyers Program if they have any attorney who would be willing to help you pro bono.

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  • Can my new attorney assist in rescheduling my upcoming court hearing before filing substitution of attorney form?

    Fernando’s Answer

    I would either tell the judge at the hearing to give you a continuance since you have hired a new attorney who is out of town or you can go ex parte and ask for a continuance for the same reason.

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