We had a court hearing for a Family Law matter, the opposing counsel stated some lies. 1) she stated the client never got served from another court case which i was given a DV restraining order , which is not true because the judge actually served...
It's abnormal for an attorney to be under oath unless the attorney was sworn in as a witness. If a attorney falsifies his/her statements then the normal recourse is to raise it with the Judge who can disclinpline the attorney or even refer it to the State Bar of California. This may also have an effect on the outcome of the case.
Absent being under oath, statements made in a court proceeding are protected statements without recourse outside the court the statements are being made in. If someone is under oath the remedy can be criminal perjury brought by the District Attorney, but that is a rare event in most cases.See question
I live with my boyfriend and our 2 kids and his mom and his 2 sisters. Everytime I try to spank or discipline my son (2 yrs old) his mom starts to record me on her cell phone trying to be sneaky about it and act like she's not we'll tonight I w...
California Penal Code section 632 makes it a crime to record confidential communications, including telephone calls and private communications, without the consent of all parties to the communications.
I doubt most law enfocement would take action in your case, but you might discuss this with his "mom" and request she cease and desist. If that doesn't work, report her or go seek legal counsel on your civil remedies. Good luck.
Son turns 18 in April, is done with high school in April, but doesn't graduate until June. Wanting to know when I can stop the child support payments to ex and if I have to petition the court in order to do so?
I agree with the previous responses. Unless the child is disabled and cannot support him/herself a parent’s duty to support a child continues until the child reaches age of 18, or, if the child is a full-time high school student and not self-supporting, until the child completes the 12th grade or reach age 19, whichever occurs first. That means that June of this year, if your child graduates, is the last month you must pay. That said, be careful. If there is a wage assignment in place, you will need to have a new one issued by the Court reducing the wage assignment to zero. If the Family Support division is involved you should contact them as well. Many attorneys advise, unless the County has been collecting and keeping adequate records, that you apply for a Court finding you don't owe any arrears. This prevents the collecting parent, many years later, from claiming you didn't pay which puts the legal burden on you to show you did. Good luck.See question
but didnt give me all the$$$. STIPULATION says I resolve a lawsuit against me,make certain, lawsuit will not encumber family home & my ex would release ALL $$ to me THEN I make interspousal transfer,STIPULATION also says must be done by fixed date...
You need to review the Judgment/Order which divided your property and required your "ex" to pay you. In most circumstances, the court order "reserves" the court's ability to sell real property when the related equalization payment is not made. If there is no such reservation, then the payment order needs to be enforced by judgment remedies; but that means that there is immediate right to have the real property sold through the court. If your judgment/order awards the real property to your "ex", then you no longer own a 1/2 interest...so you must go back to court. You need to seek legal counsel who has experience in family law and possibly collections. Good luck.See question
My 2 children (one is now adult) have shared a home with my domestic partner for over 11 years. A few years ago he filed a false police report after first time i discovered his infidelity with prostitutes and a mistress. No charges or conviction...
I agree with the previous attorney responses. However, in addition there are remedies in your situation and you may be able to file a civil case "Marvin" action against your "partner". Just because you are not married or don't have a registered domestic partnership does not mean you have no legal rights if there were actual or implied agreements with your partner during your relationship. You should contact your local San Diego County bar association or other legal referral sources to obtain an attorney quickly. Good luck!See question
We got divorced 6 months ago, and per final judgement he needs to pay me $65,000 at the end of Jan as part of assets equalization. He said he doesn't have the money now, and i can take him back to court. I have already spent $$$ for the divorce, n...
I agree with attorney the previous answers. In Family Law matters post-judgment attorney's fees are normally based upon a provision in a Marital Settlement Agreement whereby if a party breaches the terms of the agreement/Judgment, then the other party gets their attorney's fees. If there is no such provision, the Court also has jurisdiction to award fees based upon financial needs of the parties which requires filing an Income and Expense Declaration along with a Request for Order to enforce the Judgment. You should speak to an attorney to further discuss your options.See question
My children's father (they are 20 and 19) has $25k in arrearages owed. He has asked if he can pay me directly. And we can have our agreement notarized that if he misses one payment I can reopen. Is this possible? We are in good terms now and he's ...
I agree with the previous responses. That said, it is not, in most circumstances, a good idea to close an existing support case which may also lead to losing judicial liens or other enforcement rights. Also understand that if your case involves a Family Support Division who provide enforcement, payments and legal interest will be tracked for you and they provide free enforcement services which will help you collect the money owed. Before making any such agreement with the children's father, seek a qualified family law attorney or collection attorney to review your rights and any decision you are considering. Good luck.See question
I'm physically abused constantly and emotionally abused as well. There isn't one day where she doesn't insult me or hit me. I live in California. My mom knows the people I plan to move on with. Will she be able to come with cops and take me home ?
I agree with the previous responses. Unless there is a legal proceeding where you are disabled and unable to take care of yourself (such as where a a conservator is appointed for you), you have the right to leave your parents' home and live on your own. The California State Bar published a good article on your new rights and related obligations once you turn 18 years old, which I suggest you read... http://www.calbar.ca.gov/Public/Pamphlets/WhenYouTurn18.aspx
Good luck to you.See question
He when to prison 2 yrs ago his getting realize pretty soon and I wanna go pick him up but not sure if I can do that
I agree with the previous attorney's comments. If it is solely your husband who was restrained from being around you, there is normally no reason you cannot pick him up because there is no order requiring you to stay away from him. He, however, cannot initiate the contact against your wishes. That said, be careful and there are very valid reasons that restraining orders are put in place, including your personal safety. Good luck.See question
I filed for divorce and I'm the petitioner. We are on the process of Stipulated Judgment. When I received his PDD, I noticed that he filed his taxes for two years as single (and we are still married) and he didn't put me into his insurance, even t...
I agree with the previous comments regarding filing a contempt Request for Order in your Family Law matter if orders have been violated. If you incurred costs related to no insurance, you may need to obtain a reimbursement order from your Court for any unpaid amounts incurred by you. The violation of a Restraining Order is a substantial legal issue and can have many financial and possible jail related consequences. You really should seek an attorney to obtain additional information, and if the contempt relates to stay away orders or such report any violations to law enforcement. Good luck.See question