My ex is taking me to court for quadro from my 401k. We were never married but had 1 child. I do owe back support when I wasn't employed and lack knowledge of CS modification but have been current on my CS payment monthly after I took her to court...
There is no QDRO for a non-spouse. What she can garnish for arrears is a separate issue. It sounds like you have a payment plan on arrears. Usually, that is a court order that if you are current on means no other enforcement procedure should take place.See question
My daughter's mother wants to move from CA to another state and take my daughter with her. I received an order for mediation. The court date is set for a week after. Is it better to file to responsive declaration to request form prior, or is it be...
Your question invites many more. How old is the child, how long has your shared non-court ordered arrangement been in place, where is she moving relative to you and why, what is your understanding of what your daughter wants and what do you think is best, what would a new arrangement for your time with your daughter look like? Looks to me like you need to get on this quickly.
By rule, the mediation takes place in every case where custody/visitation is in dispute, and the only information from that for the court to consider is did both parties attend and is there an agreement or not? You don't rehash the mediation before the court. The mediator is supposed to look at the court file. So both because of the timing of the mediation and for the mediator's benefit in helping obtain a result, get your papers filed.See question
A request to dismiss a divorce was submitted and accepted by the court, however an OSC- Entry of Judgment hearing was set for four months from now. Why would that be? Why wouldn't the Dismissal close the divorce request?
If no Response has been filed, you can dismiss it. The Court probably just hasn't picked up on the dismissal. You can look at the Court website and see if the Request for Dismissal shows up in the Court Docket, if it does, they will at least catch it by the time of the scheduled hearing and dismiss it. You probably don't need to do anything, just wait and see, but you can call the Court Clerk in the department where the hearing is scheduled and let them know to make sure.See question
My daughter is 8 and has her biological dads last name but he's not on the birth certificate and there technically isn't anything attaching him to her except I made the mistake of putting his last name. Will it be simple to just change it to mine.
If there is a proceeding, like for paternity or child support, you can file a Request for Order to change the name in that proceeding, avoiding the further court filing fee. Otherwise, you file the Petition for Change of Name.See question
Going through a very good divorce with the wife and we are just trying to understand what is fair. We bought a home 18 months ago and she wants to move and I want to stay and try keep the house if I can afford it. Im going to try for a year and se...
I agree with the prior answers. I'll add, part of the logic is that if you keep it, you get the benefit of not incurring those costs again, but regardless, she will incur those costs on a new property.See question
Is that consider as if we were married because of the duration of the time we been living togerther and if so is she entitled to any compensation from me
No amount of time can create a marriage under California law. You do not owe her compensation either for the relationship or the child. These issues are forward looking, not back. So even on child support, no support or "compensation" can run from before the time a court action is filed. Whatever has happened to this point is what it is.See question
My soon to be ex wife use the dv laws to her advantage to get temporary custody of our kids . And immediately enrolled our kids to school in another school distric all allegations were drop at the civil dv hearing but stiil she remain with tempora...
You need to take immediate action, any inaction will be to your detriment. While I would have a lot of questions for you were I handling your matter, most likely, you should file a Request for Order (FL-300) on child issues in what appears to be your pending divorce case.See question
Hello, i am a US Citizen and i petitioned for my sister in Honduras back in 2003. I was told that the U.S> goes by year to grant the application. Is it possible to find out what year of applications they are considering right now?
Web search for Visa Bulletin which comes out monthly from the State Department. Your sister is a 4th preference family-based petition.See question
My ex and I have an elementary-school age child who is under the other party's custody when she obtained one-year restraining order against me. The order was expired over a year now, and I know she doesn't really want to keep the child. Do I h...
Have you been visiting the child? Domestic violence is a signficant factor for the court to consider in making orders for custody and visitation, but not the only factor. What you need to inform the court about is each parent's relationship with the child. How much time does each parent spend with the child and describe how the time is spent. Who does the pick and drop off to school, how is the child exchanged for visits, what activities do you engage in with the child? Effective January 1, 2010, there is a procedural change in how these cases are handled, with a new emphasis on hearing from the child, if you have to go forward in front of the court.See question
My son's father question paternity but later he no longer needs a paternity test. The test was not court ordered the minute order just said he contests paternity and he was ordered to the facilitator. Now he says he no longer needs a paternity tes...
First, if you set the court hearing and don't want to go forward, you can simply call the court clerk and request that the matter be taken off calendar. Next, if the father is not going to dispute paternity, you should take the next step and get a judgment of paternity. This can be done by paperwork signed by each of you and submitted to the court. No court hearing is required.See question