Archived
I set a court date to reestablish my vists with my son i never served the other party because something came up what happens if
Tristan's answer
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Answered on December 14, 2019
You should continue (postpone) your hearing for lack for service and allow sufficient time to serve her properly - sixteen court days notice is...
Archived
What are California Divorce Laws regarding time limit when a former spouse request funds QDRO for disbursement of 401k funds? ?
Tristan's answer
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Answered on December 14, 2019
I have had people ask me to write QDROs for decrees that were entered in the 1980s. If the plan is joined, you will not be able to retire without...
Archived
How do I replace my middle name as my last name legally ?
Tristan's answer
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Answered on December 14, 2019
Under the Family Code, the court can give you a former name or maiden name upon divorce or even afterwards on an ex parte request. But you want to...
Archived
Efile FL 300 family court
Tristan's answer
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Answered on December 13, 2019
Some clerks will give you the court date when you file the FL 300. They will fill it out and hand copies back to you which are conformed - this...
Archived
Do I have to pay extra child support if I'm doing over time to barely get by?
Tristan's answer
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Answered on December 13, 2019
The courts will factor overtime into a guideline child support calculation. Sometime they will follow the theory behind Ostler Smith and order a...
Archived
How can I get a hearing date?
Tristan's answer
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Answered on December 13, 2019
To obtain a hearing date typically you will file FL 300 with a declaration and other supporting paperwork. This is called a a Request for Order. ...
Archived
Husband was convicted of Battery misdemeanor. Can I request retaining 100% of community property during divorce?
Tristan's answer
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Answered on December 13, 2019
Documented domestic violence is a factor to be considered under FC 4320 which relates to permanent spousal support. The law of domestic torts is...
Archived
Ex girlfriend took our children out of state or country with US Army Soldier without my consent.
Tristan's answer
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Answered on December 12, 2019
You forgot to add whether you had a court order or not. Most custody orders address leaving the State or the USA. If the case (in this case it...
Archived
How can I request a status conference at family court?
Tristan's answer
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Answered on December 12, 2019
Typically, the local rules apply. Some courts set these automatically upon filing the Petition (FL-100). Other courts set these at the discretion...
Archived
Any examples of CA request to suspend visitation due to history of no-shows & child emotional distress? Need verbiage.
Tristan's answer
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Answered on December 12, 2019
Not exercising court-ordered visitation is called a forfeiture and if there is history or this - it would be considered by the court. I have seen...
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