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Michael Charles Schwerin

Michael Schwerin’s Answers

2,168 total


  • Why don't I get child support?

    I took my ex boyfriend to court about a year ago for full custody of or daughter and won. I also got a restraining order so he can't see or talk to me or my daughter. He has no physical or legal rights to my daughter at all. But I still thought I ...

    Michael’s Answer

    If you want to collect child support, go to your nearest Department of Child Support Services office and ask them for help. They are free and they should be able to help you. A judge cannot order zero support in most situations so your statements about what happened seem bizarre. Nevertheless, DCCS is tasked with collecting child support so if it can be done, they should be able to do it.

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  • Next step after receiving the petition and summons of divorce papers

    My husband has sent me divorce papers. Can anyone let me know what all documents do i need to take before i visit the court for paperwork or shall i directly go there and ask for help as right now i cant afford to hire the attorney

    Michael’s Answer

    Go to the Contra Costa County Superior Court web page. Look up the facilitators office. Find out their hours. Go there and find out what you need to do. The link is below. Their help is free.

    http://www.cc-courts.org/index.cfm?fuseaction=Page.ViewPage&pageId=6766

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  • How soon can I officially be divorced?

    File date is 4/7/16. We are still wrapping up me getting my equity from our joint tenancy condo we bought before the marriage. The cash out should be received by 6/18/16. Are we looking at an October or December month for finality? Asking beca...

    Michael’s Answer

    The filing date is not the important date. The important date is the date of service of the Petition and Summons. The first date you can possibly be divorced is 6 months and one day from the date of service. And that is only if all of the rest of your case has been properly completely or you have agreed to a bifurcation of status. I would suggest you have a consultation with an experienced family law attorney so you can figure out how to do this in a quick and simple manner.

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  • Who's at fault in this military domestic assault?

    I am a junior Marine located in Twentynine Palms as a student. I have 4 room mates. We haven't always gotten along. One of the room mates is very obnoxious and extremely disrespectful. That room mate & I always rough house and we always say stupi...

    Michael’s Answer

    Very simple. You are both at fault. You both continued to escalate to the point where someone got hurt. Your pursuing him out the door is also a problem because you continue to pursue the matter after he was gone. Let it go. Stop playing stupid games with your roommates and grow up.

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  • What Currency must I use to list earnings and investments held outside U.S - FL142, FL150, FL140

    I worked and lived outside the U.S in my native country for several years. I have earnings and investments in that country in the local currency. My question is 1. Do I need to list foreign investments and earnings that were made during the mar...

    Michael’s Answer

    You are required to list everything so the answer to your first question is clearly a yes. As far as the second question, it is just a matter as to what you or your lawyer prefers to do. For example, if the accounts were in India, I would list them in Rupees on a specific date whether it is the date of separation, the date the disclosure was being prepared or some other date such as the date of the statement you attach to the disclosures. There is no need to do a conversion at the time of disclosure.

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  • How to hyphenate or change my daughters last name.

    My daughters dad (my ex husband) has not been in her life for eight years and I have full physical and legal custody and there is a child support order in place. I have also been with the same man for 8 years and now my daughter wants to take his...

    Michael’s Answer

    Hyphenating is changing the last name. It is the same thing and you have to go through a name change process and the natural father will have to be notified.

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  • When can a person do when the newly married spouse just moved overseas by surprise

    UC Berkley PhD ( J-1 visa) marries a US citizen in State of CA. After 4 months of marriage, the Doctor without stethoscope packs up and leaves to his country. No communication. Hubby has sold his car and everything else he had. Hub tells wife tha...

    Michael’s Answer

    A four month marriage. Not likely to get spousal support and if it is possible, it would not last for very long, only a month or two. But, yes, she needs to file for divorce.

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  • Will the judge sign a new written stipulation modifying our agreement five years after my husband's and my judgement was filed?

    My husband and I divorced over five years ago dividing our assets through a written settlement agreement. He and I have been amicable over the years and we both got lazy on following through with the terms of what we agreed on regarding how our ...

    Michael’s Answer

    If it is prepared properly and you both sign it, yes it just would sign it.

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  • Question on the signed MSA when returned as part of Notice Entry to Judgement package

    I received our Notice Entry to Judgement package last week, and we got the final marriage dissolution date. there were stamps with clerk or judge's name on 180 and 190, but i noticed there aren't any stamps or signatures on the copy of the signed...

    Michael’s Answer

    Look carefully at the judgment. Somewhere on your judgment it refers the the attached agreement (your MSA) and it incorporates that agreement into the judgment. That is how it becomes part of the judgment and is an order of the court.

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  • My ex plans to keep our daughter for summer school even though I have visitation?

    I live in CA, ex lives in FL with our daughter. I have court ordered visitation. Every summer our daughter flies from FL to CA to spend the summer with me. This summer I will be getting married and I want my daughter to be there. My ex just told m...

    Michael’s Answer

    Do you have a court order? If so, what does it say? From what state? Is your daughter behind in school? Or is there some other reason she needs summer school? Lots of questions need to be answered before your question can be answered.

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