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Richard Eric Anthony Dwyer
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Richard Dwyer’s Answers

688 total


  • If a judge reduces my monthly child support can I be reimbursed for the amount I overpaid from the time I filed?

    Everything in my divorce is finalized and I've had a massive $30k/yr pay cut at work. I filed papers July 1 to have my monthly child support lowered an am waiting court date in August. My ex is trying to postpone the court date. Every time the cou...

    Richard’s Answer

    The Judge has discretion to either grant or deny your request for retroactivity to the date of filing. Make sure to request it. Emphasize any extraordinary or unexpected expenses that have placed a further strain on your finances. Remind the Court that it is within its jurisdiction as the papers were filed weeks ago. Be flexible and ready to propose that you get a credit going forward if your ex does not have the money to pay you a refund.

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  • What are my options?

    I have been sealing with a nasty custody case for over a year now. There was a history of domestic violence not only to me but animals too. I have one police report but nothing was ever done there have been other incidents but I was afraid to do ...

    Richard’s Answer

    File a request for order to have your ex pay for at least a portion of your attorneys fees. Contact victim advocacy groups to see if they can connect you to an attorney adept at domestic violence cases who is willing to take your case at an affordable rate. If you have medical reports -- including veterinary reports -- make them part of your next filing.

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  • Obtain custody of my step kids

    Hi, My husband & I would like to gain custody of his 2 kids. They are both 15 years of age. He pays child support but they have joint custody. Just recently the Mother and the boyfriend got into a physical altercation and our son stepped in to ...

    Richard’s Answer

    If the child's mother does anything to keep the abusive boyfriend away (e.g., files a restraining order, moves out of the house, kicks him out of the house), your case will be severely weakened.

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  • Child Custody

    My husband moved away leaving me and my daughter and after 3 months when he filed for divorce and joint Child Custody. Now I have also filed for custody and submitted the papers. Now he is visiting from different state and keeps asking for visit...

    Richard’s Answer

    Both parties are subject to the automatic restraining orders which would prevent your ex from taking the child outside of the State of California. Both of you should also have completed UCCJEA Statements as part of your Court filing which should clearly state that the child resides in California.

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  • Ive had custody of my daughter for 5 years shes currently 7 but i still owe arrears can i get lifted?

    The mother was a drug addict and i have documentation to prove it. Is there anyway to get my arrears reduced or removed. She also had the all of her children removed. From her custody by the state including my daughter for drug and child endanderm...

    Richard’s Answer

    I too agree with Attorney W. You are stuck with your arrears for the period in which you did not have custody.

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  • My divorce court orders took place in California but my ex-spouse lives in Florida.How do enforce the court orders? Which state?

    My ex-Wife was the breadwinner during our marriage and as such I quit my career to take the prideful job of being a homemaker. Since our divorce 3 years ago, I was granted several financial court ordered promises for my ex-spouse to fulfill until...

    Richard’s Answer

    File in California. Get your spouse found in contempt if she refuses to abide by the Court Order. Seek to garnish her wages and to attach her assets. Use DCSS -- http://www.childsup.ca.gov/ -- to enforce the child support order.

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  • My girlfriend told the social services i was a non custodial parent for the first nine months of my daughters birth child suppor

    i am being billed know for child support the true is i have been with my girlfriend throughout the pregnancy was there when my daughter was born and have been taking care of her since then and i still am. my daughter and i stay with my mom while m...

    Richard’s Answer

    You'll need to file a request for order for modification of custody and support. You'll need to attend mediation with your ex. It's expensive, but if you want to prove that your ex is a highly questionable parent, then you should seek a custody evaluation. As you are the parent, you would be the one requesting custody -- not your mother.

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  • Child support and visitation

    Hi, I know in CA the law allows you to modify, custody, visitation and child support. Is there any way you can write something that say it's a fixed rate, I'm negotiating with my partner so we can come up with an agreement and obviously the le...

    Richard’s Answer

    You can agree to whatever terms you choose. However -- agreements that call for less than guideline support can be voided. Your agreement is only as good as your ex's willingness to abide by it.

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  • I'm from India working in US (H1B visa). My wife has got dependent visa and has not joined me since 2 yrs. Can I get divorce?

    My wife did not join me in USA and creating problems back home to my parents. She is not even ready to divorce me. We have hardly stayed together for an year in our 5 years marriage. She has not allowed me to speak with my 4yr old son, I have not ...

    Richard’s Answer

    Yes, you can file for divorce in Santa Clara County provided 1. you've been a resident of California for 6 months; and 2. you've been a resident of Santa Clara County for three months. California will exercise its jurisdiction even if your wife lives overseas.

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  • False domestic violence complaint by wife..

    Need some advise on a situation here - Me and my wife had a argument last night, and I ended up yelling at her. She yelled back as well. I did not touch her. Today morning, when I came to office, I received a call from the Cops, that your wife h...

    Richard’s Answer

    I strongly recommend that you hire a lawyer to cross-examine your ex at the hearing. Get your ex on the stand under oath to acknowledge that she lacks witnesses, police or medical reports to support her claims. If such records exist, be upfront with your attorney and let him do all the talking for you with law enforcement.

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