Archived
Can the income of my ex's cohabiting girlfriend be factored in when determining child/spousal support?
Tobie's answer
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Answered on February 15, 2015
The girlfriend's income is not used in the formula used to calculate child support. Doesn't mean you shouldn't raise the issue in your paperwork...
Archived
Do I need a child custody lawyer to discuss violation of a court order?
Tobie's answer
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Answered on February 15, 2015
You say Dad took him 2 weeks ago. Are you saying Dad is now refusing to return the child? Did Mom give Dad her consent for Dad to keep the child?...
Archived
I submitted Request for Admission to my ex. And the response was too vague. Id like to submit an amended RFA with 17.1
Tobie's answer
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Answered on February 15, 2015
You can send a "meet and confer" letter to request further, better responses. If they refuse to provide any further information - assuming your...
Archived
Is a Request For Admissions useful if my ex-wife lied during our Trial and I know I am going to have to bring her back to court?
Tobie's answer
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Answered on February 14, 2015
You've gone to trial. Your discovery cut-off was 30 days before trial began. At least in the context of your family law matter, no you cannot now...
Archived
Can i move to anOther place after this move away?
Tobie's answer
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Answered on February 13, 2015
Yes, it will likely be easier to get the move-away order if your ex already agreed to a move clear across the country.
Archived
Production of Docs, if I can't make the date to meet with opposing Council for him to make copies will I be in trouble?
Tobie's answer
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Answered on February 13, 2015
As Mr. Chen and Mr. Conviser pointed out, you are not actually required to present the documents to council, in his office, for copying. Instead,...
Archived
Does grandparents have rights over non custodial mother?
Tobie's answer
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Answered on February 13, 2015
If ex still has sole custody, then ex has sole custody. The fact that he left the child with his parents does not give them any legal rights. They...
Archived
How long to file a 473b request after Judge ruled in California divorce case? Would like to understand the family law provisions
Tobie's answer
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Answered on February 12, 2015
Read the statute. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=469-475. Application of this statute depends...
Is verbal agreement valid between 2 parties right before their marriage?
Tobie's answer
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Answered on February 12, 2015
Absent a prenuptial agreement (in writing and signed by both parties), community property laws will apply to your marriage (and your divorce). You...
Archived
Does grandparents have rights over non custodial mother?
Tobie's answer
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Answered on February 12, 2015
If ex still has sole custody, then ex has sole custody. The fact that he left the child with his parents does not give them any legal rights. ...