Archived
In California, if your ex moves in with a new partner can spousal support be eliminated? And she would have to pay me now?
Lovette's answer
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Answered on March 06, 2015
It depends on what your current order says. If it was "non modifiable" spousal support, you might not be able to modify spousal support.
If the...
How do I request a continuance in family court.
Lovette's answer
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Answered on March 06, 2015
Sometimes courts will allow continuances by phone by calling the court clerk. In these instances, both parties (and their attorneys, if any) need...
Archived
Divorce - California Community Property State & Overall Debt incurred during the marriage. Divorce proceedings in progress.
Lovette's answer
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Answered on March 06, 2015
If the credit card debt was debt incurred during marriage and to support the household, it is community debt and each party is equally responsible...
Archived
I got served a restraining order on March 1 but the restraining order that was served to me was filed on January 3
Lovette's answer
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Answered on March 06, 2015
The restraining order can be served up to 5 days prior to the hearing. If less than that, it will likely be reissued and the party will be given...
Archived
Two domestic violence charges in less than a year. Both dismissed
Lovette's answer
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Answered on March 06, 2015
You can also try filing a Domestic Violence Restraining Order against her in family court.
Archived
What happens if someone tried to serve custody papers thru Fed ex and you were no longer at that address and weren't signed?
Lovette's answer
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Answered on March 06, 2015
It depends if the custody dispute was filed in Ohio or California.
If this matter is being heard in California:
The initial petition for...
Archived
Wife dismisses first divorce claiming she wanted to reconcile to get out of support payments
Lovette's answer
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Answered on March 06, 2015
If the divorce was dismissed you will need to refile. You then need to make a request for spousal and child support. If funds are limited, you...
Archived
I'm in CA and wondering - in disomaster, can parenting time share be entered as 50/50?
Lovette's answer
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Answered on March 06, 2015
The closest you can get to 50/50 is 49.99/50.01.
The 50.01 typically goes to the parent that will be claiming the child as a dependent for tax...
Archived
I'm not married and wish to take my daughter out of state. Do I need permission from the father?
Lovette's answer
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Answered on March 06, 2015
If there are no custody orders in place, and a Paternity action has not been filed, technically you will not be violating any orders by moving with...
Would a non-custodial parent's lack of involvement in decisions for child warrant revoking of his legal custody rights?
Lovette's answer
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Answered on March 06, 2015
It is not likely that these are grounds for revoking his legal custody. The Family Law Code says that there is a presumption, affecting the burden...
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