Archived
Is there a 5 year limit for a biological parent to claim custody in california? if so what code is it under?
David's answer
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Answered on October 10, 2012
There is no statute of limitations to "claim custody" of a child, but the court will consider, first and foremost, the child's best interests above...
Archived
Who should I pay in this scenario - Child Support Arrears
David's answer
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Answered on October 09, 2012
Hire an attorney on a limited scope, to negotiate a payment plan with the DCSS. You can try to negotiate with them yourself, but you have that...
Archived
How strictly 10 year rule is enforced in calculating alimony (in CA)?
David's answer
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Answered on October 08, 2012
It is not a bright line rule. It is completely up to the judge's discretion, so long as their decision is supported by the evidence. There is a...
Archived
I failed to file1-751that time we have marital issue and planning to divorce but things smooth out and were still living togethe
David's answer
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Answered on October 08, 2012
I am not sure why you indicated that this is a custody issue, when you refer to what sounds like an Immigration form. I've added Immigration to...
Archived
My H1 visa spouse have filed divorce in USA and send me the summon.I am on H visa.Can he get divorce without my response there?
David's answer
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Answered on October 07, 2012
He lives in California, and you did, too, for a while. California may have proper jurisdiction over this marriage.
The fact that you married in...
Does the % in Ostler-Smith order also depend on CP's income? Can the bonuses of the CP be considered for support calculation?
David's answer
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Answered on October 05, 2012
The support calculation software DissoMaster has an option for a two-way Smith-Ostler bonus calculator. It creates a table where you compare the...
Archived
Ex In-laws Claims Child Care Expense
David's answer
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Answered on October 05, 2012
Generally speaking, if the grandparents are actually providing, then they have a right to be compensated. But you should make sure that payments...
Archived
Is the NCP responsible for paying half of childcare to enable CP to attend placement training in the evenings and weekends?
David's answer
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Answered on October 04, 2012
The code section mandates sharing daycare expenses that are "related to employment or to reasonably necessary education or training for employment...
Can I sue EX- boyfriend for giving me STD?
David's answer
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Answered on October 04, 2012
I agree that you should consult with a PI attorney for damages, but you can certainly bring it up in the DV case, since it is evidence of his...
Archived
What are the chances that my ex can bring in false witnesses for a restraining order hearing and win it?
David's answer
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Answered on October 03, 2012
a) The criminal protective order does not cover as much ground as the DV protective order does, and it is usually a good idea to supplement the CPO...
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