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Harris Justin Brumer
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Harris Brumer’s Answers

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  • Do I have any legal custody to my child of over 2 years after discovering they are not mine by DNA?

    My wife (girlfriend at the time) told me she was pregnant with my child. I have been there for her ever since. My daughter was born and I found out she was not mine in terms of bloodline. I have raised her over two years and my wife and I were mar...

    Harris’s Answer

    There's a lot of issues here. Did you sign a voluntary declaration of paternity at the hospital, or shortly afterwards? Is your name on the child's birth certificate? Has the biological father made any effort to assert rights he may have under the law?

    Where is the child currently residing? How long has the child been there? The courts do a 6-month look back to determine proper jurisdiction of child custody/paternity, under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). If child is in CO still, seek a family law attorney in the proper county of CO. If child is in CA, do the same.

    Express to the attorney all the relevant facts and what you desire out of this. Do not delay! Time is of the essence!

    Best of luck.

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  • Will judge order spousal support when she has been self supporting for 4 years now?

    My ex wife has served me with an RFO for spousal support. We have been separated for 4 years and divorce has been final for 3 years. She worked odd jobs while we were married and was also a stay at home mom for a few years. 15 year marriage. She g...

    Harris’s Answer

    Take a look at CA Family Code 4320 and review all of the factors for spousal support. It sounds like you have a good case for terminating support. Regardless, make sure that the judge issues your spouse a Gavron Warning.

    Best of luck.

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  • How do i file for bancruptcy? My wife passed away about 2yrs ago. I am broke and can't afford a lawyer. Can I self represent?

    I was separated from the Navy in Nov of 2015 after dealing with the depression of my wife passing away in Oct of 2014. I have been struggling to find stable employment since my separation and have only further behind on paying off my debt. I have ...

    Harris’s Answer

    Since you're prior service military and in San Diego County, I will do your case pro-bono.
    I would just ask that you pay the filing fee of $335.
    Call or e-mail for a consultation with me.

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  • I received a letter from attorney office about stipulation and order regarding child custody.

    I received an email today from an attorney who is representing my ex husband regarding a stipulation and order regarding child custody. In their letter of introduction they specify that my ex and I have been discussing an agreement regarding a new...

    Harris’s Answer

    Correct. You do NOT have to sign this stipulation. Recommend you retain local counsel who has experience in Family Law. Review it with them. Then your attorney can negotiate directly with the other attorney and get you an agreement that you are happy with. Remember, child custody effects child support (income of the parties and percentage of custody).

    Don't feel pressured to agree with or sign anything.

    Best of luck to you.

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  • We have a 20yrs old son that has lived at home all his life pays no bills or nothing where asking to start paying rent and he's

    How do we get a child out of the house

    Harris’s Answer

    I would recommend sitting him down and telling him that he has either thirty (30) days to leave the house OR to start paying rent. If he refuses, I would call the police at their non-emergency line and get him 'evicted'. Let the law enforcement officer responding know that he is not an owner of the residence (not on title) and neither is he a tenant (on the lease). However, he is an adult (over the age of majority) and needs to grow up.

    You should be good to go. Best of luck going forward.

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  • Per the lautenberg amendment, does she still have the right to possess a firearm? She is trying to join the Navy.

    My wife had a charge in 2013 for domestic violence. she pleaded no contest, and adjudication was withheld.

    Harris’s Answer

    The Lautenberg Amendment is triggered by a qualifying conviction for domestic violence, even a misdemeanor conviction. If adjudication was withheld, it would appear that she may join the armed services. However, have your wife disclose this fact and all pertinent information concerning the charge to the recruiter. He will have to get it vetted through the appropriate legal channels.

    Good luck to you and your wife.

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  • Am I allowed to get married without my parents consent?

    I'm in the armed forces, 17 and emancipated.

    Harris’s Answer

    • Selected as best answer

    Yes, you're allowed to do so, since you're emancipated.

    Now, should you do it? That's a whole other conversation! You're way too young to make a commitment like that. I would recommend you wait.

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  • Are school debts (tuitions) dischargeable in ch 7 bankrucpty?

    On August 28, 2015 I was debited by my school the tuitions for the Fall 2015 semester. No loan was considered at that point. On October 10, 2015 I filed for bankruptcy, chapter 7 (it was discharged on Jan 19, 2016). A month after i file for...

    Harris’s Answer

    Student loans are difficult, but not impossible, to discharge in bankruptcy. To do so, you must show that payment of the debt “will impose an undue hardship on you and your dependents.” Courts use different tests to evaluate whether a particular borrower has shown an undue hardship. The most common test is the Brunner test which requires a showing that 1) the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for the debtor and the debtor’s dependents if forced to repay the student loans; 2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and 3) the debtor has made good faith efforts to repay the loans. Most, but not all, courts use this test.

    If you can successfully prove undue hardship, your student loan will be completely canceled. Filing for bankruptcy also automatically protects you from collection actions on all of your debts, at least until the bankruptcy case is resolved or until the creditor gets permission from the court to start collecting again.

    Whether a student loan is discharged based on hardship is NOT automatically determined in the bankruptcy process. You must file an adversary proceeding to get a determination. If you already filed for bankruptcy, but did not request a determination of undue hardship, you may reopen your bankruptcy case at any time in order to file this proceeding. You should be able to do this without payment of an additional filing fee.

    Best of luck to you!

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  • Are family law cases unlimited civil cases and why is that so?

    Are family law cases unlimited civil cases and what does that mean? I am trying to file paperwork but not aware of meaning of unlimited cases. Are there statutes pertaining to unlimited reasons that family law civil cases, are unlimited?

    Harris’s Answer

    This is apples and oranges....

    Civil cases deal with monetary damages that the you are trying to obtain from the other party.

    Family law deals with divorces, spousal support, child support, child custody, and property/debt division and rights.

    They are two separate types of courts.

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  • Will a fault based divorce or a marriage based on lies keep me from having to give my spouse a portion of my military retirement

    I am active duty military with 14 years of service where my marriage overlapped 9 years. My spouse was caught cheating by a private investigator and I will be getting a fault based divorce. Also, I'm learning that everything she ever told me was a...

    Harris’s Answer

    Grounds for a divorce are based on state law, so I would consult with a Family Law attorney in LA.

    The military pension division is based on Federal Law and the Uniform Services Former Spouse Protection Act (USFSPA) and that laws interaction with your state's family law code.

    Pension division is a property right, whereas spousal support and child support, assuming you have children with this person, are support rights. Each state is different when it comes to Family Law cases.

    Consult a local Family Law attorney, who has experience in military divorces, ASAP!

    Best of luck!

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