Questions answered by Benjamin Aguilar

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Spousal support in a divorce

Benjamin's answer | Answered on July 22, 2013

You are missing a few very relevant factors. Spousal support is based in a series of factors (google California Family Code section 4320-4326). The...

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How to afford a substitution of my incompetent attorney when husband has control of all money?

Benjamin's answer | Answered on July 20, 2013

I agree with Mr. Waters' answer. It is important to understand that you have the power to discharge your attorney at any time. If you think your...

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Do I need Lawyer

Benjamin's answer | Answered on July 19, 2013

I agree with Mr. Miranda's answer. Obviously your hearing is less than 5 days from now and you have not been personally served. The judge will...

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My kids and I are trying to go overseas this summer, the dad who lives out of state sent us a consent forms but didn't date them

Benjamin's answer | Answered on July 19, 2013

The policy behind having parents sign these forms is to protect the children from being abducted and removed to other countries without the...

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Whom can we speak to regarding putting a phase-in child visitation plan in place?

Benjamin's answer | Answered on July 19, 2013

If you and your husband are in agreement you can have an attorney draft a child custody and visitation agreement to be submitted to the court for...

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What is the possibility of my friend losing custody of her son to the father? (with immigration issues)

Benjamin's answer | Answered on July 18, 2013

I agree with the 2 previous answers. Immigration status is not a factor in asserting rights over minor children. If the father has come forward and...

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What to do to have the court grant permission to move w/ my sons overseas (2nd time), should I ask my EX for 1/2 of the airfare?

Benjamin's answer | Answered on July 18, 2013

1) Re: Move Away Order - this will depend on what your current court order says. If it is very specific regarding the location where the children...

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Child support issues

Benjamin's answer | Answered on July 15, 2013

In determining child support the court can take into account her earning ability. The fact that is re-married will also come into play in this...

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What do I need to get sole custody of my children?

Benjamin's answer | Answered on July 13, 2013

If you want to change the child visitation order so that the children spend 100% of the time with you, this will definitely have an impact on child...

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My sons wife filed for divorce and served him papers last month

Benjamin's answer | Answered on July 13, 2013

Until there is a court order changing the circumstance both mother and father have equal rights to the care custody and control of the children. If...

Benjamin Aguilar's Answers (192)

Spousal support in a divorce

How to afford a substitution of my incompetent attorney when husband has control of all money?

Do I need Lawyer

My kids and I are trying to go overseas this summer, the dad who lives out of state sent us a consent forms but didn't date them

Whom can we speak to regarding putting a phase-in child visitation plan in place?

What is the possibility of my friend losing custody of her son to the father? (with immigration issues)

What to do to have the court grant permission to move w/ my sons overseas (2nd time), should I ask my EX for 1/2 of the airfare?

Child support issues

What do I need to get sole custody of my children?

My sons wife filed for divorce and served him papers last month