California Family Legal Questions

You will have to refer to your judgment which would state the terms of your divorce.  The 50% rule that you state is incorrect. In a long marriage--over 10 years--spousal support can be awarded for life or until remarriage.  The spousal support award can be changed based on a change of circumstance such as change in job status or money earned. If your divorce was finalized in '08--you would have had an order for spousal support then. I'm not sure what occurred in '09 as this would not be called 'temporary support' since your divorce was already finalized.  If you have an order in '09, you will need to see exactly what the order states and for what period of time.... Read More

Most people who want to maintain coverage file a Legal Separation not a Divorce.  Your spouse would have to contact his plan administrator and ask if you can stay on the insurance once a Divorce is finalized. If he says that you can, ask him for a letter in writing from the plan administrator or call this person yourself to verify.... Read More

Assuming you have joint physical AND legal custody, I would either ask him to agree to you moving to Oregon in writing or get the court's permission.  You can do that a couple of ways - the first is a Request for Order to change the custody to sole physical and legal custody with a right of visitation for dad and then you could work out the cost of transportation for the kids to see him and probably a child support modification.  The second option - and you can do these both at the same time - is to file for a move away order.  The second option is going to require a change of physical custody anyway. If your ex won't stipulate to any changes, you can either seek the help of an attorney or go to the court's self help center and they should be able to help you with the paperwork.... Read More

If I understand your question correctly, it seems you're asking if the current order, for supervised visitations by your ex-husband in your home, can be overturned?  Any child custody order can be modified upon a showing of a material change of circumstances.  For example, in your case, if your ex can prove he is sober, in treatment, etc., he could potentially petition the court to modify the existing custody order.  As long as the court has jurisdiction over the child (the case is in that county and the child is under 18), a custody order can be modified. ... Read More

The father should have been served with the petition/motion for custody.  It sounds like it may be possible she didn't actually ever file anything, she's just threatening him.  There is no apparent reason why he would not get joint custody if he files a Request for Order (assuming there was an existing case or a Petition if there isn't an existing case).  He will not lose any rights by filing for and getting a court order for custody, the mother is simply trying to intimidate him. He should either seek the help of an attorney or most courts have a family law self-help center that can give him the paperwork he needs to do it himself.  Good luck!... Read More

If your girl friend's mother filed for child support and the father hasn't paid it, the mom will need to collect it (if the order was from the Family Court) or speak to Child Support Services (if the order was with Child Support Services) as they would be the agency who collects. In either case, it is the mom who gets child support, not your girl friend.  The mom would be the one to receive the money and use it as she feels is appropriate.... Read More

If you are married to the mom, or if you have existing court orders, you could go to the police and file a missing person report.  However, you would need to know where she lives or works if you wish to file for custody/visitation with the court as the mom would need to be served. If you are not married to the mother (and never were married) & do not have any court orders, you would need to file a Petition to Establish Parental Relationship to establish you as the father & address custody, visitation and support for the child with the court.  However, the mom would need to be served so, again, you would need to know where she lives or works. Your best option is to try to find her by speaking with friends and family.  You may also want to go to the nearest family court to see if the mom has filed anything like a restraining order against you.  ... Read More

Did your parents have a trust and/or a will. Assuming your brother was appointed to be trustee and/or executor he has a number of duties to the other beneficiaries and in a typical situation he would be charged with collecting the assets of the estate and distributing them to the beneficiaries.Given the fact that your father died two years ago this should have probably already have been completed.  Can you provide me with more info? Does the trust or will set forth certain dates when the assets are to be distributed? Thanks,Jon... Read More

If you pay child support, you must have known you have a child. When you have a child and are not married, you need to file a Paternity Action (Petition to Establish Parental Relationship) to establish you as the father and address custody, visitation and support.  Child support is usually re-assessed based on the percentage of time spent with the child (visitation).... Read More

If SHE is concerned, then best for her to file for dissolution (divorce); after she files and he is served, her earnings and accumulations are hers and any obligtations he insurs would be his. Next best but hardly the same, is to separate as Fam.Code §771 - which you can Google - provides that when people are living separate and apart their earnings and accumulations are their separate property.  That isn't as good a solution as the statute does not address obligations.... Read More

You must have been served with a Request for Order to move away.  Your response should be to oppose the move and, if you wish, ask for custody.  You should also include a declaration. The judge will hear the facts of the case and decide whether to allow the move or not.  If you can afford it, it would be better to have an attorney represent you in court.... Read More

If you are not married and have children, you will need to file a Petition to Establish Parental Relationship.  This will establish you as the father and address custody, visitation and support for the children.  In addition to filing this document, you may also file a Request for Order so that custody, visitation and support can be addressed in a faster time frame.  If you can afford it, it would be better to discuss your situation with an attorney who can advise you of your legal rights and options.... Read More

When divorced, you would have received a judgment from the court or had an agreement (in writing) with your ex.  If your judgment or agreement stated that she is to receive a portion of it, then normally she would need a QDRO (qualified domestic relations order) and possibly a Joinder in order to get her portion. Regarding your child support, did you pay her directly or did you pay Child Support Services?  It is your responsibility to change the child support order if you have lost a job or had a reduction in income.  This type of matter can be very complex.  It is best that you speak with an attorney to determine what your chances are of getting the amount in question back.  ... Read More