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Kim Marie Staron
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Kim Staron’s Answers

35 total

  • Interrogatories and Request for Admissions - Family Law (RFO re: custody)

    I have filed a request for order - modification of custody and contempt for unpaid spousal support. I am familiar with WA court rules, but not CA. Can I serve interrogatories and request for admissions on the other party? The marriage has been...

    Kim’s Answer

    Effective January 1, 2015, Family Code, section 218, will go into effect which allows for discovery on post-judgment motions in family law. Pending January 1, 2015, you will need an agreement or a motion to reopen discovery.

    Family Code 218. With respect to the ability to conduct formal discovery in family law proceedings, when a request for order or other motion is filed and served after entry of judgment, discovery shall automatically reopen as to the issues raised in the post-judgment pleadings currently before the court. The date initially set for trial of the action specified in subdivision (a) of Section 2024.020 of the Code of Civil Procedure shall mean the date the post-judgment proceeding is set for hearing on the motion or any continuance thereof, or evidentiary trial, whichever is later.

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  • Is this a violation of standard family law restraint order

    My spouse refused to pay her portion of car insurance, so I paid it the day it was due so coverage wouldn't laps that same night after I paid she notified me that she got her own policy starting the same day and doesn't owe me anything. is she sup...

    Kim’s Answer

    The standard family law restraining orders provide that each party must give the other 5 days notice of extraordinary expenditures. Your spouse obtaining a separate insurance policy would likely not be considered an extraordinary expenditure requiring notice. Among other things, neither party can cancel, transfer or dispose of an automobile policy. There is no prohibition against obtaining another policy. I would suggest you contact the insurance company and see whether you can get a prorated refund of the amount you paid. I would also save the written notice you received that she has obtained her own coverage.

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  • Collecting out of state judgment in divorce decree.

    My ex-husband and I were married (in FL) 1986, divorced CA 2004. I waived spousal support (asked if I could pay him to leave me alone...judge said she'd leave case open for one year if I changed my mind!) He left the state and I gave the judge ...

    Kim’s Answer

    If you were divorced in California in 2004, you have a valid Judgment that accrues interest at the rate of 10% per annum. It sounds like a property judgment though, which the Department of Child Support Services will not help you enforce. If he lives in California, you can levy on bank accounts, put liens on any he owns, conduct a debtor's examination and/or garnish his wages. You do not need to register the Judgment here because it is already a California judgment. Your issue is that your ex does not have a steady job and likely has no money. You can have someone do an asset search for you, but that too costs money. The good thing is, the Judgment will accrue interest until paid. If you can find an asset in his name, you may be able to collect at some point. I have attached a link that may provide some assistance.

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  • Unemployed soon to be ex-spouse owes me thousands of dollars

    I have a divorce trial in November. I believe my soon to be ex spouse is going to owe me thousands of dollars. I pay spousal and child support. She hasn't worked in over a year and a half. She doesn't have extra disposable income. Is there a...

    Kim’s Answer

    You do not say what she is going to owe you that money for, whether as an equalization payment on assets, payment for debts or over-payments on support, At trial, the court can allocate the debts in an unequal fashion if the community debts exceed the community assets, meaning that if you make more and have the ability to pay the debts, you may be allocated a higher percentage of the debts. The Family Code provides for an unequal division of debts at section 2622. If it is for an equalization payment on assets, you could divide the assets differently so there is no equalization payment. If there is a defined contribution plan (like a 401k plan, not pension plan), you could award less of the value to her, but realize these are pre-tax dollars not post-tax dollars and so there would not be a dollar for dollar adjustment. Depending on what the money is owed for, there are numerous ways you could have it paid. Consulting an attorney with your specific facts would likely benefit you in the long run.

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  • If my wife was given majority legal & physical custody, would she still need my permission to take our 5 yo child out of country

    Similarly, if she was awarded full legal & physical custody, would she need my permission to take our child out of country? In either case, could she take the child abroad to live permanently? Our child was born in Calfornia, but has joint citize...

    Kim’s Answer

    • Selected as best answer

    When you say "full" legal and physical custody, do you mean "sole" legal and physical custody? What are your visitation rights? Is there a written order? Is part of the order that she give you 45 days advance notice of an intent to change the residence of the child out of San Diego County and either obtain your written permission authorizing the move or a court order granting the move? Legally, she is required to obtain your written permission or a court order before she moves the residence of the child out of the county, state or country. You may want to request that the order include a travel restriction in it so if she attempts to use the order to obtain a passport, she will be prevented from doing so.

    In terms of obtaining a passport, a parent with sole legal custody may be able to obtain a passport for the child. As stated in another response, you will want a court order that someone other than mother will hold the passport of the child if one already exists. Russia is a signatory on the Hague Convention on Child Abduction so there is that avenue in the event the child is removed to Russia. I would suggest you contact a family law attorney to review your order to see what other protections can be put into place.

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  • Can my sons father deny me from having my son attend my wedding?

    My son is 15, and His father has primary custody of him. After the Court case was finished, they ended up moving out of state. Custody arrangement was stipulated that i would have two weeks in the summer with my son. my son has been having problem...

    Kim’s Answer

    If you have only two weeks in the summer per the court order, you do not have the ability to have him attend your wedding because it was not scheduled during those two weeks in the summer, unless you have scheduled it for next summer. If you have scheduled it for next summer and your ex is refusing to allow your son to come to California, you need to file a Request for Order and revisit the orders.

    Your ex cannot use visitation with you as a punishment or reward. A court order is a court order. Having said that, you need to enforce the court order. If he did not let your son come and visit during the summer of 2014, you need to take some action to enforce that order. If you wait and do nothing, the court will wonder why you waited.

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  • Opposing trying to exclude Dr. and 730 report

    Opposing is going in ex parte to submit leave of court to make a motion to remove the Dr. as well as exclude the 730 custody evaluation report he did. The only reason that there was a 730 exam was that opposing demanded it after a terrible FCS re...

    Kim’s Answer

    This is really an issue for which you should retain counsel. Depending on the basis for the motion, the court may well grant the request to file it, which does not mean the court will grant the request for removal and exclusion. You did not set forth the basis for the request for removal and exclusion, which would have been helpful. There may be a couple of reasons, which would be guesses on my part. One of them is that the report itself is hearsay; this is true. If the parties did not agree (and the court did not order) that it would be admissible, the request to exclude the report as hearsay may be granted. This order would likely be made at the hearing on the motion, not at the ex parte hearing. The exclusion of the report does not mean you cannot call the expert to go through the entire report on the stand, but that is extremely expensive and obviously time-consuming. If the request is to remove the evaluator for another reason such as bias, it will be up to the court to determine whether there is a basis for the same.

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  • How far back can you ask for arrers in back spousal support, in the state of California?And also what is the % of interest.

    My ex husband owes me over 25,000K in back spousal support, I know I need to file an OSC re :contempt, but cant afford a lawyer since I am living on SS disability and I am 61 and my ex is getting SS at the age of 66.I know he is still working, ...

    Kim’s Answer

    Initially, filing an OSC re: Contempt may not get you the result you want, which is payment. If he is working, you can obtain a Wage Assignment for Spousal Support based on your order and have it served on his employer. If he has a bank account, you can obtain a levy and have the account levied upon to obtain your arrears. There are other methods of enforcement that are designed to obtain the result you want, which is payment of the money he owes you. If you go to court, you can request fees; whether the court orders them is going to be based on whether there is a disparity in access to funds for representation. The interest rate on unpaid spousal support is 10% per annum. You should speak with an attorney to determine your best enforcement mechanism. You can contact the Modest Means Program through the San Diego County Bar Association. They are designed for lower income litigants.

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  • What should I do? My marriage is fallen apart and it's driving me nuts.

    My wife and I are having marital issues since Sept '13 and we've been back & forth we could never come to compromise. There's just too much misunderstandings and distrust between us. I told her I wanted a divorce but she doesn't want it. She insis...

    Kim’s Answer

    • Selected as best answer

    Your initial question was what to do about your marriage. If you cannot work it out, you should speak with someone about dissolving the marriage. If you have been in counseling for more than a year and you believe it has done little for the marriage, you should speak with someone about dissolving the marriage. In terms of receiving a settlement, you will have to disclose all assets, all debts, all income and all expenses as part of the dissolution process. If you do not, you run the risk of having an intentionally undisclosed asset awarded solely to your spouse. These are definitely issues you want to explore with an attorney experienced in family law.

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  • Family court interpreter for expert witness.

    When I appear in family court on my case, the court usually offers me an interpreter, but my English is good enough. I have an expert witness I need to present who will need an interpreter. Would the court offer an interpreter for the expert witne...

    Kim’s Answer

    Due to budget constraints on the Courts, it is more likely than not that you will be required to bring your own interpreter for your expert witness. The Court does offer spanish interpreters, but they are getting few and far between as well. I would suggest you contact the clerk of the department in which you are going to appear and confirm whether there will be an interpreter available. That way, you will know for certain whether to bring your own.

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