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Talitha Davies Wegner
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Talitha Wegner’s Answers

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  • Child support

    Back in 2013 my child's father was ordered to pay $700 in child support, which he has hardly ever paid till date . 10days ago he filled for modification of the child support to be reduced. My ex is rich , he flys private jets, travels to resorts a...

    Talitha’s Answer

    You should file the response and add any information you have about his lifestyle and earnings in a declaration. Also, advise the court that you have not received payments that he was ordered to pay and ask the court to order payment with interest be made to you. Further, ask for an earnings assignment so that you do not need to chase him for support. I suggest that you consult with an attorney. The court's are not patient with wealthy people who try to dodge child support. If he has as much money as you state and you can show the court, you may end up with an increase in child support.

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  • Why is it so hard to find an attorney capable and willing to help me against opposing counsel in family court who has

    aided in the abusive behavior of his client and abused the judicial system by fraud on the court to obtain the orders in custody through unethical means that violate my due-process rights and enable more abuse right under the courts radar?? Pro-b...

    Talitha’s Answer

    I am sorry that you are frustrated. It is common especially when dealing with custody litigation. Many individuals represent themselves in pro per in family law matters. There is a self help desk at most of the court houses. If your funds are limited, you can consult with an attorney and pay for limited advice on how to proceed. Alternatively, you can hire an attorney for limited scope representation which will cost you less. You might also try hiring a paralegal to assist you with completing forms and making sure that you do things correctly from a procedural perspective. This may save you some money also. Stay strong and stay focused on your child's best interests and the court will see that. Most judges are good judges of character. Good luck.

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  • Do we need to pay more or less if....

    I am married to a wonderful husband who gave everything to his daughter and her leech mother, even paying all their expenses, all their lives so she will have the best life possible. About 5 years ago, he lost everything. His daughter was beyond a...

    Talitha’s Answer

    It depends on what your husband is earning and what his ex wife is earning. Your earnings and ex wife's husband's earnings will only be considered if needed for the best interests of the child. If there is a gross disparity in earnings between the two households, the court might consider the spouse's earnings. If his prior child support order was based on higher earnings than he makes now and the other now works, I would expect that your support would go down. I suggest consulting with an attorney and have a dissomaster run - if you know how much the ex makes.

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  • Can an absent father get joint custody?

    I recently filed for divorce and sole custody of my 1 year old I separated from her dad in Dec 2014 she was born July 2015 since her birth he hasn't met her I filed for divorce and sole custody he responded past the 30 days requesting joint custod...

    Talitha’s Answer

    It depends on the judge and how much evidence there is of his violent episodes. If you have photos, or if you called the police and have a police report, that will be useful. If he begins to harass or threaten you, seek a restraining order. Generally, there is a presumption in CA that it is in the best interests of a child to have meaningful contact with both parents. Due to your child's young age and the fact he has not met the child, a court might order some visitation for the father working up to more time as the child gets older. A judge has a great deal of discretion. I don't want to tell you that a judge will not order 50/50 because you can never be sure. I urge you to at least consult with an attorney and do research on your judge. Good luck!

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  • How might a Gavron Warning affect me and spousal support in a marriage of 22 years.

    22 year marriage, Gavron Warning included in agreement, at what point me she be able to effective come after me with that ? I was told I was probably safe for at least half the length of the marriage. Im 54 now.

    Talitha’s Answer

    • Selected as best answer

    If you can provide more facts, it will help the attorneys on AVVO provide you with a better answer.
    Your marriage is long term such that spousal support can continue beyond 1/2 the length of the marriage.
    The facts of your marriage (e.g. if you both worked some or part of the time, your respective earnings, whether or not a party stayed at home to raise children, etc.) all have a big effect on the outcome. You can read those factors here. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326 . A Gavron warning advises the other party they must make reasonable efforts to obtain a job and contribute to their support. Again the facts of the case will make a difference as to whether support will be ordered, reduced or terminated.

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  • Will my husband have to pay back the welfare his ex got for his daughter ?

    We live in california & found out that his ex was getting welfare while she was pregnat and after she had his daughter until she was 9. Welfare said she wasnt suppose to get welfare for her since she was on it while pregnat and added her when she...

    Talitha’s Answer

    If welfare support was paid to the mother for a period the mother had custody of the child and the father was not paying child support, the welfare agency can recoup its funds from that father. Your facts seem to suggest that you have always had 100% custody of the child which you will have to prove with a court order showing that you had 100% custody at the period in question.

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  • Can the welfare department recover money they were owed through a mistake the child support dept. made?

    I was owed child support back in the 1990's. An amount of child support was set through the courts. My ex-husband failed to pay me anything for a few years. I went on welfare. My kids are grown now and I started receiving back child support p...

    Talitha’s Answer

    It is unlikely that the county made payments to you without first satisfying the debt to the welfare agency, The payments you received may have been the remaining balance between what he paid and what was owed interest and penalties. After the welfare agency was paid off, you would receive the remaining amount if nothing else was owed. If, in the unlikely event it was the county's error, they may attempt to recover the money that child support services paid to you. If you find out, please post so we know what happened.

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  • Is it a crime to report my husband to legal bodies via social n/w and can my husband can sue me for this for defamation(in US)?

    I approached the legal bodies in my home country via social media and I am getting support from them. I did this to report against my husband ( we both are in USA and going through a divorce). I feel this is my right to approach the legal bodies ...

    Talitha’s Answer

    It would be helpful if you were to provide 1) information on what exactly you are reporting about your husband; 2) what legal bodies you are reporting to in your home country.
    Generally speaking, it is not illegal to report a crime or illegal activity (if that is what you are reporting.)
    Further, the litigation privilege may apply to reports to state boards or agencies and thus not be actionable against you. However, if you were to intentionally make a false report about a crime, that is a very different matter.

    If you cannot delete the posts you made, I suggest that you stop making posts on social media about your husband. It does not seem as though there is much if anything to gain - and most certainly you are exposing yourself.

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  • What is the impact of a significant inheritance on child support order from California family court?

    Husband and wife no longer live in California. Husband has minor child from previous relationship residing in CA and pays child support based on earned income. Mother of child and husband never married in past so no divorce order to factor into...

    Talitha’s Answer

    One parent’s receipt of an inheritance won’t automatically result in increased child support, but if it drastically changes that parent’s standard of living, the payee spouse can petition the court for additional child support.

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  • How do I add a second last name legally

    My step father raised me since I was 3, in his honor and to show appreciation I would like to ADD his last name legally onto mine. Not sure what the process is and how to do that.

    Talitha’s Answer

    You did not say how old you are.
    If you are a child, you will need to speak with your parents.
    If you are an adult, you can fill out the necessary forms yourself: http://www.courts.ca.gov/22489.htm

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