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I filed for child support modification because I was on disabilty for several months, my ex showed up to the hearing with an attorney and our case was continued. By the time we have a new hearing I will be back to work can I withdraw my modification?
If DCSS is involved in your "motion to modify" child support, then you would need the agreement of DCSS and the other party. But I would like to second the opinion of one my colleagues to consider not automatically withdrawing your motion to modify child support if it BENEFITS you AND you are in "arrears" of the payments (e.g. you have not paid the full amount of the original court order due to your temporary disability. You may want to spent a few minutes with an attorney to determine the "pros and cons" of "dropping" your motion to modify. Good luck!See question
My soon to be ex husband is bipolar, GAD and has PTSD. We have been seperated since May 2015. In that time he has made up stories about me, including saying I abuse him in front of our child which resulted in a CPS case. They came and interviewed ...
The quick and short answer to your question of "how can I get full custody of my child"?: Evidence.
Evidence is needed to prove your allegations against the father--since the courts are very aware of the "he said" versus "she said"--especially in custody cases. Evidence would include for example, witness testimony of Father's behavior, and/or adverse effects of Father's behavior (e.g. losing his job.) I strongly suggest you consider speaking to an attorney because your case appears to be quite complicated due to the level of conflict that appears to exist between you and dad. Good luck!See question
Does it matter if we sell our residence before filing for divorce or should we wait until the court has decided how to divide our community property?
Technically speaking, it does matter when you sell your residence. If a Petition for Dissolution has not been filed with the court, then the court is NOT involved in your "personal business" (i.e. selling a house while married is your personal business.) It's only when someone files the petition for dissolution that the court gets involved and is required to be included in the sale of the family residence. In speaking with an attorney, you can learn the pros and cons of attempting to sell before filing the petition for dissolution and pros and cons of waiting.See question
I have sole legal and sole physical custody of my son. He was struck by a vehicle and has been in the hospital and will be there for a week. Do we need to stick to the visitation schedule even while he is an inpatient? His mom usually has one over...
Your question presents an issue that comes up in almost every instance where there is a visitation order in place--vis-à-vis, what do parents do when there is an unforeseeable event that is not addressed in the visitation order. Surely, a child being his by a car and being in the hospital for a week are such examples.
As a general rule, when a court order is silent on a particular situation, I always go to the legal standard--what is in the child's best interests. I believe everyone would agree, including every judge in the nation, that a child's heath trumps everything--even court-ordered visitation. For instance, it would be unreasonable for the child to leave the hospital so that he can spend time with mom. I would even go so far as to say it is against the child's best interests. Instead, it would be reasonable for mother to see the child while he is in the hospital. No doubt, it would help the child to have both parents around him as much as possible--since both a car accident and a one-week hospital stay are emotionally-disturbing/traumatic events. I can see no court or judge holding you in contempt for not following the visitation order under such circumstances. At best, all you can do is use your best judgment and act in the child's best interests--which includes following doctor's orders (even if that conflicts with court orders).
Hopefully you and mom have the type of parenting relationship that allows for flexibility when necessity calls for it. This would definitely be such an instance of where flexibility is need--if not required.See question
My divorce was final 3 months ago, and the x spouses is now living with her boyfriend; which can easily be proven by a private investigator. My understanding she is using alimony ($2,000 a month) to pay all their expenses, As he is unemployed and...
I thought I would respond to your question because I believe that there is a bit more to say on this particular issue. First, as an attorney, I always refer back to what the Judgment says. For instance, a judgment might say "spousal support to death of either party or remarriage of the payee"; or, it may say, "fixed at $X/month for a period of 4 years." In other words, determine the starting point on this issue before proceeding to the next step. The next question I would be asking is how was that amount arrived at--by agreement or by the court evaluating the factors in Family Code 4320? If you are not familiar with these factors, then you should familiarize yourself with these factors--for they are the factors a judge MUST consider when determining to deny or grant spousal support.
In other words, there are different ways that a permanent support order can be achieved. Spousal support issues are very complicated issues--and depending on whether or not they were addressed at the divorce stage, you will (or will not) have a basis to request a modification of permanent spousal support.
Finally, you indicate that you are paying $2,000 per month; and that they are both possibly both using drugs. In California, $2,000 is not enough to both pay living expenses for two people and pay for drugs. I mention this because it's possible the boyfriend may have other sources of money, e.g. SSI, which is a factor in "cohabitation" cases.
Given that you are paying $2,000/month, I believe it is wise to at least consult with an attorney to discuss the possible strengths and weaknesses of filing a motion to modify support. Good luck!See question
He just got mad at me and he said no more is done I don't want to know nothing about you. My joungest is 21 so we don't have kids to support. I work but my income is really low especially now 9 hours a weed wage $10,60 he's wage a week is $800 or...
A marriage of 10 or more years is considered "long term." This means that if the facts support it, a judge could order long-term "permanent" spousal support for you. Please note that there are TWO forms of spousal support--temporary and permanent. Temporary support is procured by Party A filing a petition (Form FL-300) with the Court and requesting temporary spousal support. Temporary support usually lasts until the divorce is finalized. . As a general rule, permanent support starts once the divorce is finalized. Again, these are general rules of thumb. (And, as you know, with every rule, there are exceptions.)
Temporary support is also known as "temporary guideline spousal support." It's called TGSS because software is used by the court to calculate temporary spousal support during the "temporary" period. Permanent support is not "calculated." Instead, a judge evaluates the factors outlined in Family Code 4320.
If you wish to procure temporary spousal support, then you must file a petition for temporary spousal support. If you can't afford to hire an attorney, maybe consider hiring an attorney as a legal coach--to at least get you started in the direction. Good luck.See question
I was married for 5 years and i am now trying to get divorced. My ex wife just moved out of state and she disclosed to me that our marriage was not valid because at the time she married me she was in a domestic partnership in a different state ( w...
I just completed a trial in San Francisco dealing with nullity. Because of the overwhelming amount of evidence my client was able to provide, the nullity of marriage was granted. As stated by one of my colleagues, nullity cases are extremely difficult to get--because the requirements are very specific. Also, even if your wife was a bigamist (MARRIED to someone else), she was still considered married to you.
Also, from my experience, people use the term "domestic partnership" even though they don't qualify as registered domestic partners. For instance, in California, domestic partnership are allowed for same-sex couples and hetero-sexual couples age 65 and older. I can't tell you how many people since 2003 have contacted me to dissolve their "domestic partnership" even though they are under age 65 and hetero-sexual couples. For instance, in San Francisco, these people tend to confuse being registered as "domestic partners" in the County of San Francisco (wherein they are able to receive health benefits from the other party) with being registered by the State of California as a "domestic partner." In other words, the term "domestic partner" is defined to California statutes, and not a turn of phrase.
As you can see, there is nothing easy about family law. Based on the what you wrote, I agree with my colleague that you will have a very difficult time getting your 5-year marriage annulled in California.
May I suggest that you at least speak with an attorney--if even for an hour--to understand what legal issues actually need to be resolved--so that you are filling out Petition for Dissolution of Marriage (form FL-100) correctly. I have provided a link below about legal coaching as well.
Excellent question. Thank you for posting it on AvvoSee question
At 4-6 pages per statement x 5 years, the idea of having to print out all those on paper makes me cry for a tree and the task of mining through all that paper for the specific facts I need would in itself be a more expensive than I could pay an at...
Having myself navigated mountains of bank statements myself throughout the years; and, like you, wishing to live as "green" as possible, I understand and sympathize with your plight. Ms. Russo is correct in that you can request bank statements electronically--via subpoena, e.g. asking that the statements be downloaded to a disc or thumb drive.
The reason I am answering this question, even though it's been answered by other attorneys, is because I am "reading between the lines" in your question. For instance, I am asking myself "why does he need 5 years of bank statements." Normally, when someone goes back in time this far, it's because they are trying to find something in the statements, e.g. undisclosed income, problematic spending, etc. And, do you intend to introduce some (or all) of the bank statements at court? That's the second question I am asking myself.
You may want to consider some legal coaching if you are unable to hire an attorney. Using business records in a trial or hearing is a bit complicated; and, there are specific evidentiary rules that must be followed if you intent to later use them as evidence in your case. And, legal coaching may help you strategize ways to best use all financial documents in your case, e.g. credit card statements, bank statements, etc.
Excellent question. Thank you for posting it on Avvo.See question
currently 50/50, and we have 10day vacation per year during school summer break. I have concerns because, I do not know when he is going, for how long, where he will be going, and during his vacation times, he doesn't allow me quality phone calls,...
The courts will not "order" Parent A to consent to a passport for a minor child if Parent A can prove there are concerns with flight (or kidnapping) of a child. A concern would be, for instance, if Parent B has dual citizenship in another country. Normally, unless a court order states otherwise, 50/50 "joint legal custody" does NOT presume either parent can remove the child from the country--let alone the state of California--without Parent A's written consent. If a court order does not state otherwise, the only way Parent B can require Parent A to work with Parent B to have a passport issued for a child if, and only if there is a court order--this would of course presume that Parent B has successfully PROVEN that there is no flight (kidnapping) risk to the child. Note, also, that an order can include: a request that the Court include certain specific orders in the order, e.g. a bond for a certain amount (to cover attorneys fees should Parent B violate the order), requirement that under all circumstances California retains jurisdiction on all issues concerning the minor child, etc. (Please note that this assumes the other country is part of the Hague Convention--if not part of the Hague Convention, then that country can IGNORE the California court order.)
In sum, the simple answer is: Court will not "order" Parent A to sign a consent form if there is sufficient proof that dad is a flight risk--and just because Parent B has 50/50 custody--does not extend to international travel.
If you can't afford an attorney, you may want, at the very least, to work with an attorney who provides legal coaching. I have included a link to explain more about legal coaching.
Excellent question. Thank you for posting it on Avvo.See question
It will be 30 days since he has been served on Nov. 26th. I am wondering what the next step would be if he files a response before the 30 days.
Another way to learn if your spouse has filed a Response (form FL-120) to your Petition for Dissolution of Marriage (FL-100) is to visit the San Francisco Superior Court's website (see link below). By entering your name or the case number you will see a complete history of your case. If he or she filed a Response, it will show up on the court's website. Also, t his is an excellent way to stay current on your case--esp. if there are any future concerns about your spouse being sneaky and filing anything "behind your back,"
Your second question, "what the next steps would be if he files . . ." are more difficult to answer because of I am not quite sure what you are suggesting by the work "before" as it relates to your statement, "before the 30 days." When a person files a timely Response (within 30 days), they have protected their legal rights. The "next steps" can be all kinds--depending on the facts of your case, e.g. settlement, someone files a motion for something (e.g. support, custody, visitation re kids, etc.). At the most basic level, the "next step" is that the petitioner (you in this case) prepares and "serves" on the spouse a series of documents known as "preliminary financial disclosures (forms FL-160 (or FL-142), FL-150, FL-140 and FL-141). May I suggest you purchase a book called "How to do your own divorce in California" or a similar type of book. They are available in any bookstore and on Amazon.
Finally, if you cannot afford an attorney, you may want to consider some legal coaching by a licensed family-law attorney. Legal coaching is the second best thing to hiring an attorney to represent you. I have also provided a link about legal coaching.
Thank you for posting this excellent question.See question