Archived
I am filing a request for order for spousal support. Do I also need to draft and submit proposed order with the filing?
David's answer
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Answered on November 21, 2014
Since you cannot know ahead of time what will be ordered, it is usually prepared after the fact and submitted to the file clerk for processing. ...
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Archived
Can my lawyer withdraw from representing me without complete what she agreed to do in the agreement?
David's answer
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Answered on November 20, 2014
I can't speak for your old attorney's agreement, but my standard contract says that even though the other party may end up being responsible for...
Archived
What to do if father does not pay the 7% of smith/Olsen on bonus that was ordered by court for past five years?
David's answer
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Answered on November 19, 2014
One could file a motion (Request for Orders) asking for an accounting of the bonuses received and a determination of the Smith/Ostler arrears that...
Archived
Can divorce settlement conference decisions be reversed if new information is available or if intimidation was present
David's answer
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Answered on November 18, 2014
I take it to mean that the mediator that you're referring to was an attorney working the case as a judge pro tem.
If you have new evidence...
Archived
Wife had a baby with X. Baby is 3 yrs. I was told in June. Seeking divorce. Do I have to pay child support? State of CA
David's answer
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Answered on November 18, 2014
So long as the bio-dad is ready to accept paternity, you *may* have a chance, but the time that has lapsed may be your biggest problem.
You...
Archived
Interest on missed payments of assets and obligations?
David's answer
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Answered on November 17, 2014
Generally, interest runs only on court-ordered payments, so I *expect* that the court will order you to reimburse him and interest would start...
Archived
If the NCP files for a reduction in child support, and it is approved, is the amount retroactive to the date of filing?
David's answer
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Answered on November 17, 2014
It is usually retroactive to the date that the RFO is filed, yes.
And yes, you may have to pay him back. Consider saving the extra money...
How do I communicate with the judge in the Santa Clara Family Superior court without creating a motion?
David's answer
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Answered on November 17, 2014
Do not try to write a letter to the judge. This is an inappropriate ex parte communication, and the judge will not read it.
Even if you "cc"...
Archived
I married a guy in jail 12 yrs ago and never saw him after. how do i get divorced? or can this marriage be disolved
David's answer
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Answered on November 17, 2014
He was in jail when you married him?
You can file for a divorce based upon where you live.
In order to serve papers on him, you can hire a...
Do new family court orders override older parenting plan orders?
David's answer
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Answered on November 17, 2014
Read the current order. I very likely says something like, "All previous orders that are not in conflict with the terms herein remain in effect."
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