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Michelle Ane Melen

Michelle Melen’s Answers

4 total

  • What is the fastest way to get a divorce?

    Michelle’s Answer

    It is possible to avoid going to court if the parties can reach an agreement on the issues in their divorce and work together to submit the appropriate documents to the court. One way to do this is by going to mediation. Some mediators are willing to work with parties remotely via Skype/Facetime/Phone etc, so this may still be possible where one party is living far away/in another country.

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  • When must a DVRO renewal be served by?

    Michelle’s Answer

    In California, the Renewal must be submitted before the expiration of the Restraining Order. California courts extend the Restraining Order until the hearing on the Renewal Request. See the language on the DV710 form. This means in California, a Restraining Order Renewal could be served after the initial Restraining Order expired if the protected party submitted their paper work to the Court in time.

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  • In California if I work overtime will child support take all of it or a percentage?

    Michelle’s Answer

    Your overtime may be considered at the time of the hearing if you are choosing to work overtime. It's best to consult with an attorney about your particular case and to understand your order. Sometimes the Court averages the amounts you have actually earned (including overtime) over a period of time to come up with the amount you pay each month. Other times, the Court orders that a percentage of your pay overtime be paid based on a table (called a Smith-Ostler table) in addition to the base pay.

    The Dept of Child Support Services can take a percentage of your entire check (whether it is overtime or regular pay) if you owe back pay.

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  • How can i file child support to pay to custodial parent in California?

    Michelle’s Answer

    You can file a Petition for Parentage, which will allow you to put your name on the birth certificate as the Father, allow you to establish a parenting schedule, and determine child support. You can get help with this from the Family Law Facilitator at your local court or you can talk to the Department of Child Support Services at your local branch.

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