Man says I hit him numerous times,we both live in apartment complex
If you have the full restraining Order pleadings, then just serve your response and get on with it. Otherwise, one of two things will happen: 1) The process server will say you received it, even though it was not technically served properly, but the Court won't know any better, and you will lose by default; or 2) the Court will keep the temporary Orders in place and give the other side a continuance to serve you properly. So, if you have time to respond, you may as well do so now.See question
Yes I am getting an attorney. Currently meeting with a few "interviewing" them if you will but I get so many different answers. Trying to settle my divorce quickly and fairly. The one issue that keeps coming up is what kind of support I would h...
The money your soon-to-be-ex-wife gets from the sale of the house is the SAME as the money you are receiving, and if it is reinvested into new housing, then it can't make money for her. But, if she has $1.4 million in separate property assets, then this asset presumably throws off dividends/interest each year, and that will be considered "income" for the purposes of calculating spousal support. Finally, if her investment account shows capital gains each year (so it is recurring) then those capital gains will also be considered income.
But, the bottomline is that having substantial separate property assets, unless they generate the same income that you earn in your job, will not exclude you from paying spousal support for one-half the length of the marriage.See question
We were divorced 4 years ago and I pay an enormous amount of child support for my 2 kids because my ex told the judge that she had no job. In fact, she has a home business making custom shirts for about $66 each. I had a friend pose as a online ...
You should subpoena her bank records. Figure out where she does her banking, then issue a subpoena to that bank for any/all accounts with your ex-wife's name/social security number on it. From those bank records (which will show the PayPal deposits) you can work backwards to figure out what she is bringing in each month.See question
Can I present my evidence the day of the hearing to prove my ex is in contempt? Or was I supposed to turn it in when I filed ?
You are supposed to lay-out, in a very organized fashion, each potential breach of child support in your original Contempt filing. So, each payment that is missed/underpaid gets listed as a separate "count." Then, at the actual evidentiary hearing, you will have to present your evidence.See question
I was raped at a party, but decided to choose life. My son is 2 now and we still don't know, but my family says that I don't have custody of my child, I just have a child. Please help...
Unless and until somebody brought a paternity action to assert that they are the father -- which seems extremely unlikely under the circumstances -- then you are the child's only parent. Without a paternity action pending from a potential father, you "don't need" to have a "custody order" because you are the only parent.See question
A restraining order was continued from the date it was due to expire but I never got served on the new court date. So the judge took it off calendar.
You have to make sure it WAS taken OFF-CALENDAR by checking the online docketing system in Ventura County. If it was, then you just wait to be served with a new court date. If the complaining party never gets a new court date, then the restraining Order hearing never happensSee question
I have sole and physicians custody of my daughter. I almost have no visitation no contact with my child's mother. I want to relocate my family to Arizona for a better Living. Do I have to go to court and ask permission to leave Even though her mo...
In order to relocate with the child you either need the other parent's consent (in writing) or else you need to go to Court to ask for permission. If you have to go to Court, you would have to file an RFO (Request for Order) seeking permission. The La Musga case (google it) has a long list of factors that the court will consider before allowing you to relocate with the child, but based on your very-short fact description, it sounds like the mother's lack of involvement would weigh heavily in favor of you being allowed to relocate. Realize that if you do, you could be charged with the costs to have your child visit wth the mother in California.See question
My mother is a terrible prison. Too long to go into detail. We are oretty much estranged after years of abuse. My question is, can she get any visitation rights to my baby? Or if something happens to me? How do I prevent that from ever happening? ...
Go to an Estates & Trust attorney and make sure your Will is EXPLICIT as to the reasons why you don't want your mother taking care of your child, and also as to the reasons why you want someone else to watch him/her. Name the person that you choose to watch your child. This won't prevent the grandmother from filing a Petition in Probate Court to try to seek a guardianship, but it will be strong evidence as to what you wanted and why.See question
My ex has had our kids for the last 4 yrs and has refused to allow me access to them even though we have joint custody. I just last week managed to get them for Xmas for the first time in 4 years . But while they have been here they have been tel...
An attorney will need a lot more information to properly answer your question. Here are some follow-up items that will need answers: 1) Where is the current custody Order from? California or Oregon? If it is from California, you would file a request to modify custody in the same place where the last Orders were entered. If the last Orders in Oregon, that is where you would have to file. 2) How old are the other kids? Children who are less than 14 years old will rarely be allowed to testify to the Court. If all the evidence that you have comes from what the kids tell you, that could be a problem. You should see a local lawyer right away.See question
Ex husbands refused to pay spousal support
First, you have to have a valid spousal support Order. Make sure there was no automatic "out" for retirement. Second, you would have to figure out if your ex-spouse's retirement income still exceeds whatever income you have. If there is a sizable difference, then you would still be entitled to spousal support. Third, you have to realize that if his retirement income is lower than what he used to make (and most people's are) then your spousal support, will decrease, even if it continues. Finally, each missed spousal support payment becomes a judgment, which can't be later waived, until the point where your ex-spouse asks the court to terminate the Orders....so make sure you ask for the back/missed spousal support.See question