Archived
My ex owes me a substantial amount of spousal support and has not paid any for almost 2 years. What can I do to get him to pay?
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Answered on March 19, 2015
Obtain an order to determine the amount of arrears. If you know he can't pay it however, attempting enforcement via contempt will be a waste of...
Archived
What are my rights to property or support when I have lived with my partner for 20 yrs and not married or domestic partners?
Tobie's answer
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Answered on March 18, 2015
California does not recognize common law marriage. It's not clear from your question what kind of property you are talking about. If your name...
Motion to withdraw in family law
Tobie's answer
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Answered on March 18, 2015
You have the right to file written opposition to the motion to withdraw. It's not clear from your question whether you plan to do that. Proximity...
Archived
I am asking for child visitation; my ex-girlfriend does not allow me to see or visit our 5 year old daughter;
Tobie's answer
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Answered on March 18, 2015
A memorandum of points and authorities might not be necessary. Instead, you want to prepare an informative, relevant and to-the-point declaration...
Archived
How to find attorney to advise on an international/global custody battle?
Tobie's answer
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Answered on March 18, 2015
Your last sentence implies that something was already filed in Germany, as you have orders re visitation. Therefore, Germany already has...
Archived
How can I get fast cheap divorce we haven't been together in ten years
Tobie's answer
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Answered on March 18, 2015
"fast cheap" is no way to find a lawyer. You get what you pay for. Further, no one has that kind of clairvoyance - to predict that a divorce will...
Archived
How long can a family court case remain "off calendar", it has been since 2006 and no final judgement as of yet.
Tobie's answer
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Answered on March 16, 2015
It is up to the parties to move the case along. If no one asks for a trial setting conference or no one submits the judgment paperwork, then...
Archived
Divorce: spouse stopped paying the bills except the mortgage for which he and his dad are borrowers, what about property tax?
Tobie's answer
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Answered on March 15, 2015
Is there a judgment? What does your judgment say about who owns the property and/or who is liable for the mortgage and/or property taxes? The way...
Archived
Joint debts discovered/arisen after a judgement - how would a judge rule on this?
Tobie's answer
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Answered on March 15, 2015
Depends on what your judgment says. Stipulated judgments often contains terms and rules regarding what to do when a debt or obligation is...
Archived
My ex wife and I recently went through mediation. I did not have any vested retirement or 401K with my employer but
Tobie's answer
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Answered on March 15, 2015
It was up to counsel to know whether each retirement account required a QDRO, before the agreement was signed. If QDRO could not be used, then it...