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Joseph Torri
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Joseph Torri’s Answers

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  • How does the date of separation affect community property governed by Qdros?

    I have been separated from my wife for over 2 years. We both have pensions, ira's and 403b accounts which have to go through the qdro process.

    Joseph’s Answer

    The court will look to the date of marriage until the date of separation for purposes of QDRO and assessing the community share. The later the date of separation, the more of the community share for the other spouse. Someone could argue the date of separation is later than one spouse claims.

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  • Has my wife threatened our 13 year old daughter with abandonment?

    My marriage is ending and my unemployed wife says she cannot afford to live in our neighborhood in southern California. She is packing to move to her small hometown in Arkansas. My wife has asked our only child, a 13 year old daughter, to move wit...

    Joseph’s Answer

    Parents move all the time and we see this in family law court. If your wife wants to move, she can. However, she may not take the child out of state while a case is pending. File for divorce to create automatic temporary restraining orders to prevent her from taking the child. It would be hard to see a 13 year old go if she doesn't want to. If your wife fights for custody, this creates a move away issue and the judge would have to decide. I agree with Attorney Struas. This is not abandonment. In fact, she wants the child to go with her. If she moves without the child, it's just a move and she will still have rights to the child, such as visitation and joint legal, etc.

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  • What can I do to get 50/50 custody of my daughter from my ex-girlfriend?

    My ex cheated on me 2yrs. Ago my daughter was 3 then & she had a baby by him, since then, she repeatedly bounced back & forth between both of us. My poor daughter is confused, her new boyfriend had hit me and they called police and filed a restrai...

    Joseph’s Answer

    Assuming there is no judgment, etc. that require a change of circumstances... You should file a paternity action if not already done. Filing a request for order for child custody will be a necessary step. Defending the restraining order case is extremely important because finding of domestic violence would most likely limit the amount of time you spend with the child. Presenting a solid case before the court is critical. I suggest at least hiring an attorney on a limited scope basis of you can't afford a fully retained attorney. You can find many of us AVVO attorneys by clicking the find a lawyer tab. Make sure the documents that are filed are filed Ina timely manner for the court to consider them.

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  • What do I do if my ex does not take my child to any soccer events: practice or games?

    We have 50/50 legal and physical custody. I have offered to swap days to ensure he can make his practice, but she said no. The only option she gave me would be to drive across town to pick him up, drive back across town to his soccer practice, and...

    Joseph’s Answer

    You may have to drive the child back and forth per the option she gave you. There may be a mutual transportation issue if she agreed and wanted the child playing soccer. I have seen judges refuse to allow one parent interfere with the other parent's time with the child. Participating in Extracurricular activities for children can be difficult on the child if both parents are at odds. This is especially a difficult situation because it sounds like she might accuse you of doing something if you go over there.

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  • My last attorney filed nothing on my last hearing in child custody case

    My last attorney did zero work on my last hearing, my response they wrote up was not accepted, not one argument was presented basically it was worse than if I was pro per. Looking for a new attorney now ... But now a ruling was made we have new or...

    Joseph’s Answer

    Modifying a court order can be a difficult process, but attorneys would need more information in order to determine the next move. Looking at the entire circumstances will be critical, and it will be challenging considering you were represented by legal counsel. Act quickly because delaying the issue could cause further complications.

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  • How can i get custody of my child

    Hi my name is Maria i am not working at this moment i get CalWorks benefits i am no longer with my son's dad i filed child support papers he got mad he served me 3 days ago i have court on August 17 he wants custody he wants child support he wants...

    Joseph’s Answer

    File a response to his paperwork in a timely manner. Since there is a lot of information to be discussed, seek a consultation with a family law attorney. You can find a qualified attorney here on AVVO by clicking the find a lawyer tab. Many offer a free initial consultation. Many people ask for a lot in their moving paperwork, but it doesn't mean the judge will grant their requests.

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  • Filling for Joint custody in California

    My ex and I have decided to change custody from 80/20 to 50/50. I looked into forms FL-311 and Forms FL-341(E) are the ones we might need. Is there anything else we might need? Thanks, -Angel V.

    Joseph’s Answer

    I agree with Attorneys Waxman and Routledge. Also, Consider hiring a lawyer on a limited scope basis for help. If you truly can't afford a lawyer, seek the assistance from the self-help center.

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  • Lawsiut against a county for a judgement in family law

    I have reciently filed for custody of my two children and have had them for the last 5 years. My ex mom works in the courthouse and i have filled for legal and physical custody. My ex has a domestic volience restraining order against her live in b...

    Joseph’s Answer

    Family law judges have a lot of discretion when making custody and visitation orders based off the best interest of the child standard. Since the judge has sovereign immunity, the potential lawsuit wouldn't go anywhere, and you would lose the filing fee and time, especially if you don't qualify for a fee waiver. Also, you will be dealing with this judge for modification issues most likely in the future. It wouldn't be wise to sue, and still have to deal with the system after that.

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  • Can my ex wife still request back pay from child support if there was no court order child support on the final divorce document

    My ex is considering back pay from child support from 2003-2009, I have a document stating that I have made payments from those stated years. After 2009 I stopped working to have 2 surgeries on each foot and required 3yrs of recovery. I started sc...

    Joseph’s Answer

    Since there wasn't a court order directing you to pay child support (going off the facts here without reading the divorce judgment), I don't see an avenue where your ex can collect child support arrears; they're not arrears if they were not ordered. Make sure there aren't any other orders, such as an order from a request for order to pay child support that didn't make it into the judgment for whatever reason, and make sure there aren't child support orders based off a request for order you may never received notice of even though someone might have said you were served. I doubt this happened, but you never know. Having a family law attorney might be beneficial. I find that many folks wish they would have hired a lawyer after it's too late.

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  • Breach of confidentiality

    If my sons father and myself have a custody order and his lawyer is communicating and advising his wife on our custody order is she in breach of confidentiality and can I request all her paper work? Also looking for a lawyer willing to work with...

    Joseph’s Answer

    The lawyer is probably explaining what the custody orders mean to her client and the client's wife. It is important for a lawyer to explain these things to the client and the wife so they don't violate any court orders. Do-parenting is very important. Since your son's father and new wife need to understand the orders, it is crucial a lawyer do her job and explain the court orders to ensure compliance. The lawyer's documents are protected by attorney-client confidentiality and I don't see an avenue for obtaining their file.

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