http://www.elprime.com/tracker/family-law/CA.html Family Law California We track thousands of legal websites daily to deliver you prospects actively looking for your legal specialities in California. Thu, 01 Oct 2009 16:16:29 -0600 en-us http://www.elprime.com/tracker/subscribe.htm?777777.001 Tue, 04 Aug 2009 11:00:00 -0600 Daily Digest for Attorneys and Legal Professionals You can easily convert prospects actively looking for your legal help or advice to long-term paying customers. Subscribe to full version of this digest and get: - All links revealed, so you will be able to contact your potential customers directly and provide them with help on their legal questions - Daily updates of this digest - Price for monthly subscription is $39.95 USD only! (Click message header to subscribe now) - If you have any questions, suggestions or comments feel free to contact us http://www.elprime.com/tracker/subscribe.htm?777777.001 http://www.elprime.com/tracker/subscribe.htm?477877.001 Mon, 03 Aug 2009 23:10:00 -0600 Divorce, Separation & Annulment Divorce. Son owns condo in his name which he bought with parents' large down payment before he got married. Can he sell the place to his parents for one dollar to avoid dividing equity with a future ex-wife? He has a prenuptual agreement with his wife to the effect that if the place is sold, the portion that was lent to him will be paid to him and not divided. Thanks for a reply. hgoldie http://www.elprime.com/tracker/subscribe.htm?477877.001 http://www.elprime.com/tracker/subscribe.htm?477867.001 Mon, 03 Aug 2009 21:54:00 -0600 Child Custody & Visitation California. I am looking for a detailed description of California state codes/laws/statutes, etc. outlining what rights and responsibilities parents with both sole and joint legal custody have regarding educational rights for the child. Also, when a judge orders a parent sole legal custody of a child, what EXACTLY are the educational rights of the parent with sole custody and what are the rights and what are NOT the rights of the non-custodial parent? I can't find anything when I google and I'm frustrated. I'm just not looking properly I guess. Thanks for any advice. I'm trying to educate myself on family law as best as I can. http://www.elprime.com/tracker/subscribe.htm?477867.001 http://www.elprime.com/tracker/subscribe.htm?477851.001 Mon, 03 Aug 2009 20:26:00 -0600 Domestic Violence & Abuse I am confused about my situation. I had a DV case that went to trial, he was found guilty and has been sentenced already. We are not married. He was given only 120 days and is coming out this 18th. We have a 3yr old and a 10 months old. A protective order for me was given for 3 yrs. My concern is that is the following: Are my kids included in the protective order? Is he allowed to have visitation? Do I automatically have temporary custody of my kids? I don't have a problem with him seeing them, but I don't want to get in trouble for violating any law. Thank you for your time, http://www.elprime.com/tracker/subscribe.htm?477851.001 http://www.elprime.com/tracker/subscribe.htm?477677.001 Sun, 02 Aug 2009 19:55:00 -0600 Alimony & Spousal Support (Disclaimer: I'm not a lawyer and may be speaking total nonsense; please bear with me. I'll my best try to clarify whatever is not clear.) A friend of mine is asking me to help her get pregnant. She does not want me to help her support the child or take any part in his/her life. However, I am concerned that if in future she changes her mind for whatever reason, I will be forced to support them. Some more background data: - we used to date for a while, and she stayed at my place for a month while visiting US; we also lived together in Russia for 3 months; - neither of us is a citizen of US at this point; - I live in CA and hold a working visa, which I intend to eventually convert into a green card. The questions are rather straightforward: - is the situation even in jurisdiction or US/CA courts? Imagine the situation when 5-7 years pass, I'm a permanent resident or even a citizen of US. Where does she sue? - is she eligible for alimony/child support from myself, given that we have never been in a serious relationship? - is there some form of an agreement we can sign that would protect me from potential child support charges? Thanks in advance for any advice. We're in a good relationship, and I do want to help her, but the risk seems quite high, so I want to fully understand the situation. Again, I will be happy to provide any additional data on this matter. http://www.elprime.com/tracker/subscribe.htm?477677.001 http://www.elprime.com/tracker/subscribe.htm?477604.001 Sun, 02 Aug 2009 01:40:00 -0600 Marriage, Domestic Partnerships and Other Family Law Matters My sibings and I hold title to a family lake home which we allow our parents to use in the summers though our parents are NOT in title nor have they ever been in title. Parents are in their 80's and are claiming they have run out of money. Parents coerced other 2 siblings to ok sale of lake home and then contacted a real estate broker and signed a listing agent which we are having counsel block. CAN we have the parents banned from using this lake home even if our siblings allow them to stay? We fear that they will use any devious means necessary to try to sell the lake home and/or any personal property contained therein - even if the personal property is not theirs. We fear damage to the property and possible damage to our right as title holders. To complicate matters, parents behavior is very aggressive towards anyone who stays at the lake home and we believe dementia may be setting in. http://www.elprime.com/tracker/subscribe.htm?477604.001 http://www.elprime.com/tracker/subscribe.htm?477565.001 Sat, 01 Aug 2009 18:51:00 -0600 Marriage, Domestic Partnerships and Other Family Law Matters my name is paula from california. im currently 16 and my fiance is 22. we want to get married and have my parents consent but i was wondering can this cause him any problems? please help us. we also want to get married since i am pregnant http://www.elprime.com/tracker/subscribe.htm?477565.001 http://www.elprime.com/tracker/subscribe.htm?477517.001 Sat, 01 Aug 2009 11:27:00 -0600 Divorce, Separation & Annulment My husband was divorced about 30 years ago and now wants to retire. In the divorce papers there was no mention of any of his retirement benefits going to his X. It just states the usual distribution of property and child custody etc...since they had nothing of any value anyway. While still married to her he had worked there (the county) for 2 years. They want to see the court order and stated they would be looking for the particular language that addresses that issue. If there is no mention of retirement benefits in the final papers is she entitled to anything and would it only be for the 2 years? http://www.elprime.com/tracker/subscribe.htm?477517.001 http://www.elprime.com/tracker/subscribe.htm?477509.001 Sat, 01 Aug 2009 09:37:00 -0600 Divorce, Separation & Annulment My husband and I agree on all of the terms of our agreement, but each time I send it to my lawyer (the last time it was just to change two numbers) it takes over a month and comes back with other errors. This is the second or third time this has happened. I have spoken to the lawyer and written emails expressing my concerns but it hasn't helped. I don't want to work with this office anymore. I was considering going to a paralegal to type up the final agreement and file with the court. What are my options? Thank you, DeeDee http://www.elprime.com/tracker/subscribe.htm?477509.001 http://www.elprime.com/tracker/subscribe.htm?477441.001 Fri, 31 Jul 2009 17:51:00 -0600 Divorce, Separation & Annulment Hello, I live in San Diego, CA and am having to deal with my ex wife's husband more than I would like to. He always finds a way to get involved in our divorce issues, and even issues regarding our son. He responds to the emails I send her, and sends me unsolicited emails. How can I get him to stop this? Thank you, Aaron http://www.elprime.com/tracker/subscribe.htm?477441.001 http://www.elprime.com/tracker/subscribe.htm?477303.001 Thu, 30 Jul 2009 19:45:00 -0600 Child Custody & Visitation My husband and I filed a petition yesterday for custody of his oldest daughter, and our court date isn't until September. There is no custody arangement now on paper. Who does custody "default" to until the court hearing. She is currently living with us http://www.elprime.com/tracker/subscribe.htm?477303.001 http://www.elprime.com/tracker/subscribe.htm?477285.001 Thu, 30 Jul 2009 17:48:00 -0600 Divorce, Separation & Annulment California I was wondering if one will need to be present for a Bifurcation court hearing. My fiance is currently on military duty and won't be able to make the date they have provided him. If he were to hire counsel would they be able to represent him without him there? http://www.elprime.com/tracker/subscribe.htm?477285.001 http://www.elprime.com/tracker/subscribe.htm?477280.001 Thu, 30 Jul 2009 17:33:00 -0600 Child Custody & Visitation I'm currently getting ready to go to court with my ex boyfriend. We have a 9 month old daughter together. From her birth to May of 09' we were in a relationship and he never did anything to assist with her basic needs. He is currently on probation for domestic violence with his ex wife. He is now trying to get over night once a week visits and then every other weekend visits from Friday thru Sunday with our daughter. This scares me greatly for my daughters safety. How likely will the courts allow him this type of visitation especially given her again and his priors of domestic violence? http://www.elprime.com/tracker/subscribe.htm?477280.001 http://www.elprime.com/tracker/subscribe.htm?477261.001 Thu, 30 Jul 2009 15:47:00 -0600 Child Support Hello, I am a single father of four children with three different mother's, I have been paying child support for all four. I just recieved court papers from one of the mother's of two of my children, they are saying I owe $1,082 a month in support just for the two children, I can not afford that. I would like to know what is the most they can legally take from your salary per month for child support? I can not afford a lawyer but wanted to know what my next move should be? http://www.elprime.com/tracker/subscribe.htm?477261.001 http://www.elprime.com/tracker/subscribe.htm?477223.001 Thu, 30 Jul 2009 13:20:00 -0600 Child Custody & Visitation The kids are staying with grandma. [url=http://www.cnn.com/2009/SHOWBIZ/Music/07/30/jackson.children.custody/index.html]Deal reached for custody of Michael Jackson's children - CNN.com[/url] If only everyone could try to work things out before its fought out in court..... http://www.elprime.com/tracker/subscribe.htm?477223.001 http://www.elprime.com/tracker/subscribe.htm?477170.001 Thu, 30 Jul 2009 03:55:00 -0600 Child Custody & Visitation California. I have sole physical and legal custody of my 14 year old son. His father (my ex) took it upon himself to take our son to some teenagers' house for "tutoring" without clearing it with me first. He did this during what was supposed to be just an summer weekday spend-the-day, plus-an-overnight visit with him. He flits in and out of his life sporadically and inconsistently, is $40,000+ behind in child support, half the time has some warrant out for his arrest, and never bothered to show up to court at all for our divorce hearing OR the custody/support hearing. His judgment is questionable, I don't know who these "tutors" are but it sounds like he plans on doing it again next time our son visits him. I understand from everything I've read and been told, that sole legal custody means I am the only one with the right, 100% of the time, to make educational decisions (including health, medical, etc) for our son. Tutoring is an educational decision as to how our son will be, well...formally educated. I don't want him picking the tutor for him. My son said they drove to a golf course and went golfing that day--no tutoring!! I don't want him driving off with strange teenagers either. Sounded more like golf tutoring to me. I believe he is way out of line assigning tutors to our son. He doesn't have the right. If he wanted to continue being a parent when the custody decision was being made he should have shown up to court back in 2003 when the decisions were being made. My son's education was important to me then, now, and in the future. Not just for the moment or when I "roll into town" and feel like "hanging with my son for awhile." (sorry, I'm just a bit raw right now because I think he has a ton of nerve doing this) Am I right that he is not within his rights to do this? Where might i find details about educational decisions and various custody situations, etc. Thank you. http://www.elprime.com/tracker/subscribe.htm?477170.001 http://www.elprime.com/tracker/subscribe.htm?477118.001 Wed, 29 Jul 2009 19:08:00 -0600 Child Support I have been having issues with my ex not paying his child support on time. He's never more than a month late and basically skates between the lines of enforcement. I have been taunted by him several times that there really isn't anything I can do about how he pays support since he never gets more than a month behind. I was told by a friend residing in California that with child support you can have the state garnish wages for a direct deposit option for payment and they do this whether the other party is behind or not. Does anyone on here know if this direct deposit option with wage garnishment regardless of being behind or not is an option in the state of Louisiana and how to go about obtaining info on it. Also if this is something I can do without a lawyer. I'm currently back in school trying to finish my nursing degree and am basically broke. Thanks in advance for any advice any of you may have! http://www.elprime.com/tracker/subscribe.htm?477118.001 http://www.elprime.com/tracker/subscribe.htm?477109.001 Wed, 29 Jul 2009 18:20:00 -0600 Domestic Violence & Abuse Me and my Ex Girlfriend had a pretty messy breakup, we were not really offical but very physcial (in a good way) We got into a huge argurment and she told her mom, her mom confronted me, and I basically told her mom everything, about her sneaking out, about us having sex, at my house, at her house, Everything. So her mom expresses how she is very disappointed in me and hangs up. Her mom has admitted verbally to smacking her daughter in the face before over things much smaller. I then proceed to go to her house and knock on there door, I had no idea what she might of done to her this time. I called a few times and left message telling her mom I was sorry and asking if we could talk. She told me to leave so I left. 2 days at 10am later I get a call from her mother saying that a restraining order hearing was already placed and I needed to show up the next day. She then says that her daughter never admitted to having sex with me. I then tell her that I have texts messages of all of the entire thing. Her mother then texts and talks on the phone with me almost a dozen times after 10am over the course of three hours. Later that day I get a two calls lasting 17 mins total from my Ex's Cell phone pleading me not to show her mom the texts because her mom just "hit her with everything in the kitchen, and only stopped when I told her it wasnt true" Today I just received the TRO but my justifcation was to stop potential violence against my ex from her mother. What should I do? Again I was contacted by both of them several times after they already booked a date in court for the restraining order. Again her mother admitted to hitting her daugther. Also I have text messages of her verballing abusing her daughter to me. Calling her a Slut and a Bitch.. Her daugther is 18 http://www.elprime.com/tracker/subscribe.htm?477109.001 http://www.elprime.com/tracker/subscribe.htm?477103.001 Wed, 29 Jul 2009 17:33:00 -0600 Child Custody & Visitation My husband not spending the time that he told the court he was going to spend with the kids and I'm only recieving $174 for child support and its hard because I have them all the time. http://www.elprime.com/tracker/subscribe.htm?477103.001 http://www.elprime.com/tracker/subscribe.htm?477090.001 Wed, 29 Jul 2009 16:21:00 -0600 Child Support What is the name of your state (only U.S. law)? California Hi everyone, I have never been a dead beat dad. I have joint custody of my son with my ex-wife, and I never missed a child support payment. My problem is, my ex-wife seems to want more, even though we share a 50/50 custody of our son. I was unemployed for four months, and was forced to start my own company to support my kid and new wife. My new wife, being a new immigrant, still cannot help pay the bills, because her papers are still being processed. Thus, she cannot legally work yet. Currently, I live in a one-bedroom apartment with my unemployed wife. On the other hand, my ex-wife lives in a 4 bedroom house with her fiancee, who makes six-figure salary. We share the custody, her standard of living is better off, and she wants more child support for a 5 year old boy? That's so greedy. They just had a baby together, so she has stopped working for 3 months now. Knowing her and my experience with her, she doesn't want to work. I am sure she will stop working now, and thus, she will use that excuse to gain more child support. As I said, I am self-employed now. I started a consulting company this December, and I just incorporated it as an LLC. I am wondering if she can take more child support from me even if the profits are the business's money. Do you think I should change my business type to S-Corp or C-Corp to protect the money from my greedy ex-wife? (Sorry, I mistakenly posted this under Child Custody and Visitation) http://www.elprime.com/tracker/subscribe.htm?477090.001 http://www.elprime.com/tracker/subscribe.htm?477088.001 Wed, 29 Jul 2009 16:18:00 -0600 Child Custody & Visitation Hi everyone, I have never been a dead beat dad. I have joint custody of my son with my ex-wife, and I never missed a child support payment. My problem is, my ex-wife seems to want more, even though we share a 50/50 custody of our son. I was unemployed for four months, and was forced to start my own company to support my kid and new wife. My new wife, being a new immigrant, still cannot help pay the bills, because her papers are still being processed. Thus, she cannot legally work yet. Currently, I live in a one-bedroom apartment with my unemployed wife. On the other hand, my ex-wife lives in a 4 bedroom house with her fiancee, who makes six-figure salary. We share the custody, her standard of living is better off, and she wants more child support for a 5 year old boy? That's so greedy. They just had a baby together, so she has stopped working for 3 months now. Knowing her and my experience with her, she doesn't want to work. I am sure she will stop working now, and thus, she will use that excuse to gain more child support. As I said, I am self-employed now. I started a consulting company this December, and I just incorporated it as an LLC. I am wondering if she can take more child support from me even if the profits are the business's money. Do you think I should change my business type to S-Corp or C-Corp to protect the money from my greedy ex-wife? http://www.elprime.com/tracker/subscribe.htm?477088.001 http://www.elprime.com/tracker/subscribe.htm?477075.001 Wed, 29 Jul 2009 15:12:00 -0600 Child Custody & Visitation My ex-husband and I currently share custody of our three children. However, he abandoned them and moved to a different state. I have had them full time ever since. He has not cared or bothered to see them in over a year. When it comes to filing our taxes, I file for one child every year, he files for another child every year, and we alternate years with our third child. Since I now have them full time, would I be able to file for all three children? http://www.elprime.com/tracker/subscribe.htm?477075.001 http://www.elprime.com/tracker/subscribe.htm?477055.001 Wed, 29 Jul 2009 13:59:00 -0600 Divorce, Separation & Annulment Divorce was finalized in 2004. Judgment states that my Ex is to assume all past debts while I was to relinquish my rights to the business we stared together. I sent a copy of the judgment to each debt collector. I recently had a credit check done and see that all of the debts are still listed. What is my next step? http://www.elprime.com/tracker/subscribe.htm?477055.001 http://www.elprime.com/tracker/subscribe.htm?477041.001 Wed, 29 Jul 2009 12:34:00 -0600 Alimony & Spousal Support The judge ordered my ex to pay the arrearages for alimony. He did not pay and I had to take him to court for contempt. The judged ordered him to pay once again or go to jail. On the money order its noted as alimony feb-aug and not arrearages (I have a wage assignment for the monthly support). Is it ok to cash it or should I send it back and have it noted properly. Thanks http://www.elprime.com/tracker/subscribe.htm?477041.001 http://www.elprime.com/tracker/subscribe.htm?477039.001 Wed, 29 Jul 2009 12:30:00 -0600 Divorce, Separation & Annulment I was married for 6 years and during that time my ex husband ran up almost 50,000 dollars in credit card debt! I was not aware of much of this and am not a signer on any of the cards. I understand I live in a community property state. I was laid off in April, have four kids and have not been able to afford an attorney through this process. We had our MSC yesterday and he and his lawyer have proposed I begin paying my half back 1 yr. after I get another job at 0% interest. We did not set a timeframe for payback or an amount..only that we would agree on an amount when time came. The last card has not been been paid on for over a year and I requested he try to get balance reduced as I know credit card companies are working with you to get at least something. My research has led me to believe that if I still cannot do it I could file chapter 13 and include my equalization payment in that...so after so much time I would be done. First, is that correct and am I also understanding that I could not include this payment in a chapter 7 filing? If I chose to take this to trial is it likely a judge would make me pay half? Thanks! http://www.elprime.com/tracker/subscribe.htm?477039.001 http://www.elprime.com/tracker/subscribe.htm?476954.001 Tue, 28 Jul 2009 19:48:00 -0600 Child Custody & Visitation (I live in California). I went through a bitter custody battle with my ex husband after I filed for divorce 7 years ago (we were together for 12 years). Three times my ex husband has tried to sue me for full custody and three times the courts granted me full legal and physical custody. The courts told him he'd not be allowed any visits with our boys until he completed a full year of parenting and anger management classes. He refuses and says he never will do either. If I've ever tried to enforce my rights as the legal (decision making) parent, he withholds child support. And unfortunately, this has hurt me financially. I was given legal advice that it would be at my own discretion as to whether I let him have visits with our boys. So I ended up working a schedule out and things have been pretty peaceful since. But now, my oldest son (age 13) says he wants to live with his dad. This has only recently come about. And he only says it when he's in trouble for something or when I make him do his chores (mow the lawn and take out the trash ... and keep his room clean ... that is it!). During a weekend visit to their dads (who lives 4 hours away), my oldest says he wants to stay an extra week. Being that it's summer, I don't refuse his request and my ex husband brings our 9 year old back home to me. Well, that extra week has now turned into a month an a half and my oldest refuses to come home. He says he's made the decision to live with his dad and that's that. I tried to explain that it's not a decision I think he's ready to make at this point and he flipped out on me. I suggested we needed to go back to counseling and he said I was calling him crazy. He says he refuses to go and even if he did, he wouldn't talk to the counselor. He then goes into very detailed accounts of abuse I went through at the hands of my ex husband saying that I lied in court about all the abuse so the courts would grant me custody. He told his dad that I beat him!! (not true). That I lie about random stuff (when I asked for an example, he says I told them we were going camping but we ended up not going and I only said it so they couldn't spend time with their dad .... and I actually did say we would go camping, but after finances were checked, I simply couldn't afford it and we took a day trip to the lake for a picnic instead .. but he viewed it as lying to him). I've tried talking to my ex husband about all this and he says he's supporting our son in his decision and won't encourage otherwise. He said he'd take me back to court over this if I don't let our son move in with him and our son says he wants his dad to take me back to court. I know I'm not the perfect mom .. but I try and provide enjoyment where and when I can. My oldest expects the same fun filled time he spends with his dad every two weeks. They go out to dinner all the time, my ex buys them gifts .. expensive stuff, like $90 pair of shoes and $60 video games .. and not just once, but every single time he's with them. They go to the waterpark and amusement park .. All fine and dandy but I can't do that kind of stuff with them all the time .. not even most of the time. Anyway .. I'm at a loss. I told my son that living with his dad is not an option right now and he replied, "well .. good luck in trying to get me to come home" .. and hung up on me ..... So .... what am I up against in court? My ex husband says he's talked to a lawyer and that all the judge will need to hear from my son is that he wants to live with his dad now and the court will grant him his request. Is this true? There's a lot of little ins and outs to this case .. but this is what's going on at the moment ... Please give me any advice you see fit. Thank you for your time~ http://www.elprime.com/tracker/subscribe.htm?476954.001 http://www.elprime.com/tracker/subscribe.htm?476950.001 Tue, 28 Jul 2009 19:00:00 -0600 Child Support 2001 Unfit mother, drug addict, leaving the child with anyone who will watch him including having him in 2 daycares 1st shift and 3rd where he slept on a cot every night. Thats if she had him, most of the time he was dropped off at my husbands parents house and left him for weeks at a time. We found out what was really going on ( he was 3 ) and threatened to report her to DSS so he came to live with us. She rarely showed up to get him on her weekends, and if she did she would show up at 9pm on Saturday and bring him back at noon on Sunday (She lived an 1.5 away) While he was living with us, she filed for Welfare who in turn came after us for support!!! We went to court an 1.5 hrs from our home to explain the story, and she was found guilty of welfare fraud. Needless to say, she soon stopped calling or coming to get the child. About a year after her disappearance, we decided to file for CS but of course no one knew where she was, so they put the info in the system but told us there wasnt much they could do without a location and its not as if she had a job to find her with. 2008 7 years with no word from her at all..She shows up the day AFTER the childs bday, about 7pm on a Monday, with a gift bag like nothing ever happened!!! Shes claiming how shes changed and grown up over the last 7 years. My husband told her to get off of our property before he called the police. She said I am his mother you cant keep him from me! I said, uhm No your not, I AM!! I raised him, I supported him, I love him and he calls me MOM. He hasnt asked for you since you left. Your a serrogate, a donor, not a mother. he couldnt pick you out of a line up, you are a stranger and you have no one to blame but your self. She told US we better get a good lawyer and squeeled tires out of our driveway (Changed huh?). WE got one, and found out that during her disappearing act she filed for Custody (so she could commit some more welfare fraud) and was awarded it because we were never served so we didnt know! She gave them an address that was over 5 years old, that she KNEW wasnt correct. We went to court, told our story and were granted FULL custody. The judge ordered a Psych evaluation, a HAIR follicle drug test, Mandatory AA meetings 3 times a week and NO tolerance for anything, even alcohol. If she did all of that...MAYBE she could have 1 hour every other week of supervised visitation in our home. We got a copy of the Evaluation stating that Shes been a drug addict since she was 14 and been on everything you can think of, Cocain, Meth, Crack, Pain Killers, Ecstacy, etc etc. She was arrested several times trying to sell drugs, ordered to long term treatment which she did not complete on 2 ocassions, running away each time. When they found her she had to do 9 months in jail. She was homeless, jobless and running the streets of California. (of course NC CS couldnt find her!) She now claims to have been sober for 2 years (Really, so why didnt you contact the child before now?) Because its a LIE, as usual. Yet, this court appointed psychologist comes to the conclusion that she is FIT to become a parent to this child...WTF????? Really??? Am I being punked??? She sits with this pathalogical LIAR for a couple of hours during an interview and takes her statements as FACT. She had 6 months to do the hair follicle test, its been over a year and she never took it (But shes been sober for 2 years) She hasnt gone to the mandatory AA/NA and she was ordered to pay a measly $114 a MONTH in CS...She said she doesnt make much money and lives with her step mother and they dont have much money. We were not granted any backpay for the last 7 years, she paid 3 very late payments, sent us 3 bad checks then never sent another payment again. Its been a Year since the order and she is 9 months behind!!! Our lawyer called to tell us that she quit her job as a waitress because she is pregnant and thats why she hasnt been paying CS. So once again, she has absolutely NO regard for the child, and is having another when she cant even support herself, or the child she abandoned 8 years ago. Shes not married, quit her job, and lives with her step mother. Im sorry this was soooo long but I wanted to paint as much as the picture as I could. Please, someone explain to me WHY she is allowed to do whatever she wants with no consequences. She abandoned the child, didnt pay any support for 8 years, doesnt pay whats ordered now. Cost us thousands in legal fees and hasnt done anything the judge ordered. But shes pregnant again. If the tables were turned my husband would be in jail...NO Doubt about it. He was never married or had any real relationship with this deadbeat. He was young, we were broken up and he made a mistake. Yet, while we were broken up back in 1997 he paid me $100 a week in CS, at 20 yrs old and when he got one month behind the judge told him to get another job if he couldnt afford his cs! But No one will make her pay a measly $114 a month. Give me a break! He stepped up and did the right thing, yet here we are..... Seems as if the deadbeat Mother has all the rights when it comes to the law and we have NONE. When will the courts treat Deadbeat, Unfit mothers in the same manner that they do men? http://www.elprime.com/tracker/subscribe.htm?476950.001 http://www.elprime.com/tracker/subscribe.htm?476944.001 Tue, 28 Jul 2009 18:14:00 -0600 Child Custody & Visitation Hello to everyone. I have a questions, my soon to be ex husband and I were awarded a temporary order and the judge wanted to try out the 2 2 5, I chose Wednesday and Thursday and of course every other weekend and my soon to be ex chose Monday and Tuesday. How does this work? Will these temporary orders become permanent orders? Thank you, and have a wonderful evening.... http://www.elprime.com/tracker/subscribe.htm?476944.001 http://www.elprime.com/tracker/subscribe.htm?476929.001 Tue, 28 Jul 2009 16:39:00 -0600 Child Custody & Visitation Background: I have full legal and physical custody of our 4 children. In our divorce decree it says each parent claims 2 children as far as exemptions. It also says that we each pay 1/2 of childcare. It says nothing about claiming Dependent care expenses on taxes. Our divorce was final Dec 30 of last year, the children and I moved out Nov 30 of last year. Since the kids lived w/ "us" for more than half the year, but we were divorced by the end of the year, I claimed single, 2 kiddos and 1/2 of the daycare expenses. He claimed HOH, 2 kiddos and 1/2 of the daycare expenses. Current question: He is bugging me about how much he will be able to claim in dependent care expenses. I told him that he can't claim any this year because from what I have read on the IRS website, the kids have to live w/ him more than 1/2 of the year for him to be able to do so. His argument is that he pays half their expenses, he should be able to claim 1/2 on his taxes. With the max you can claim for 2 kiddos being 6k, with what we pay in childcare, we could both max it out at 6k each. Who is right? http://www.elprime.com/tracker/subscribe.htm?476929.001 http://www.elprime.com/tracker/subscribe.htm?476833.001 Tue, 28 Jul 2009 08:54:00 -0600 Marriage, Domestic Partnerships and Other Family Law Matters OK HERE GOES I HAVE LIVED WITH A MAN FOR 14+ YEARS WE BOUGHT A HOUSE TOGETHER WE ARE NOW PARTING WAYS HE HAS NOW FORBIDDEN ME FROM USING THE WASHER,DRYER AND THE REFRIG..WHICH HE DID PURCHASE--THE REFRIG WAS THERE FROM THE OLD PEOPLE --HE BOUGHT IT FROM THEM--THE WASHER DRYER HE BOUGHT WHEN I SOLD MINE....WHICH THE MONEY WENT INTO THE HOUSEHOLD ACCOUNT THE DRYER I HAVE FIXED AND PAID FOR MYSELF SO DOES HE HAVE THE RIGHT NOW THAT WE ARE BREAKING UP TO FORBID ME FROM USING THESE ITEMS? http://www.elprime.com/tracker/subscribe.htm?476833.001 http://www.elprime.com/tracker/subscribe.htm?476812.001 Tue, 28 Jul 2009 00:37:00 -0600 Marriage, Domestic Partnerships and Other Family Law Matters Can my room mate restrict me from using a refrigerator that she bought even though it is the only one in the house and tell I need to buy my own? http://www.elprime.com/tracker/subscribe.htm?476812.001 http://www.elprime.com/tracker/subscribe.htm?476798.001 Mon, 27 Jul 2009 22:30:00 -0600 Child Custody & Visitation First I will say I am the step parent. My husband has visitation rights for his 3 kids every other weekend and holidays. He is currenty deployed and is getting a 2 week leave next week and will be in CA to spend those 2 weeks with his kids. Here is where the problem lies. We have no known address for his ex wife or his kids nor a phone number to reach them (a cellphone was purchased for them and was confiscated so we have nothing). We were able to get the exwife's hubby's phone number and have called to speak to them but he hangs up when he realizes its my husband calling. He emaililed his ex requesting visitation while he is home and she replied stating that the kids have sport practice and cannot miss that as she will lose her deposit. We hired a lawyer to take care of the visitation but we do not have an address to seve her and she is dogding it every way she can. My husband is deperate and it breaks my heart to see him be seperated from his kids like this. He pays child support and has no arreas. Is there anyway for him to get full custody? Also what can he do to ensure he sees his kids when he gets home. Please help. http://www.elprime.com/tracker/subscribe.htm?476798.001 http://www.elprime.com/tracker/subscribe.htm?476734.001 Mon, 27 Jul 2009 17:02:00 -0600 Marriage, Domestic Partnerships and Other Family Law Matters I am trying to understand the CA Code myself, and it is very difficult. I would greatly appreciate any help. My Ex and I separated in 05/2008 because he cheated on me and decided he no longer wanted to be married. I started dating after and became pregnant in 12/2008. My child is due 08/15/09. I have filed for divorce and it is set to be finalized on 12/09/09. My boyfriend would like to sign the Voluntary Declaration of Paternity, but it CLEARLY states on the form that because I am married that I can NOT sign it stating that he is the father. After reading the CA Code, I know that it states that when a Husband and Wife are Co-habitating that the Husband is considered the "Presumed" father. However, since we were not living together, does that make the presumption inapplicable? And if so, can my boyfriend and I sign the Voluntary Declaration of Paternity? Or do I have to De-Establish Paternity with my Ex first and THEN after the presumption is dropped, my boyfriend and I can establish Paternity then? I would greatly appreciate any assistance in this. And please, I am not a whore and wasn't sleeping around on my husband, so please no "If you would have kept your legs closed" comments. Thank you http://www.elprime.com/tracker/subscribe.htm?476734.001 http://www.elprime.com/tracker/subscribe.htm?476712.001 Mon, 27 Jul 2009 14:34:00 -0600 Child Support What is the name of your state (only U.S. law)? CA How long should one wait to file contempt for non-payment? DCSS is in charge of the case but from what I understand I can request that they file for contempt. NCP is over $70 thousand in arrears. Has paid a total of $700 in the past 6 years when the first support order was made. A new order was made 7/7/09. A wage assignment was sent. Just found out from DCSS today that NCP quit his full time job and his two part time jobs as well. Previously NCP had his license revoked by DCSS due to non-payment. He was given a temporary license to find work in which the time period will end August 1st. As far as I know NCP is still working under the table.....also know that it is nearly impossible to prove that type of employment. When a parent is charged and jailed for contempt how long do they stay in jail for? There are also issues with citizenship status. Considering I am the Ex I can not get information on his status. Born overseas, Lived here in the states, fled overseas, then moved back recently) with a temporary Visa. I don't know how long those last or how to find out if his is valid. Any help would be great. http://www.elprime.com/tracker/subscribe.htm?476712.001 http://www.elprime.com/tracker/subscribe.htm?476703.001 Mon, 27 Jul 2009 14:04:00 -0600 Child Custody & Visitation Back story: 10year old child has been living with father for 5 years. Back in 2008 he ask the court to grant a move away to LA. The court granted the move. He told the courts that he would be stationed at least 2 years and then he would have another duty station. One of my arguments was that one, I'm stabled here and I think that it would be in the best interest of the child to continue to stay here. Where he has lived most all his life and that has family here. I didn't plan on leaving the state because I have a good stable job here. Where his dad is in the military and knows that he needs to be constantly moving. Second, my son has an eye condition that needs to be treated with a eye doctor that is an MD and his father refused to take him to one. Will need less to say the court ordered him to 30 days to find a eye Dr and for father to forward me the information. He did neither of them. He didn't even once take my son to the eye Dr. When he is supposed to go every 6 weeks. Current problem: In early 2009 son's father got a change in military orders to change duty stations to VA. He informed me and of course I said NO WAY! after months of saying no we agreed in verbal that if my son would be able to move over here the next school year then I would agree. But that it had to be written. Well son's father never provided me with any written statement nor did I sign anything that agreed to the move. My son comes to visit for summer vacation and now its almost time to send him back.... My current goals: Is to have my son stay with me. But I just don't know if keeping him will get me into trouble? I know two wrongs don't make a right and that I should still send him back and then file papers. But just want to make sure. I want him to stay with me and so does my son. But I just don't want to risk anything that will come back and bite me in the ass later on. So advice please? What do you think I should do? What papers should I file? http://www.elprime.com/tracker/subscribe.htm?476703.001 http://www.elprime.com/tracker/subscribe.htm?476663.001 Mon, 27 Jul 2009 10:04:00 -0600 Child Custody & Visitation My stbxh was ordered to move out from our home, I was informed by my attorney that we were unable to take any property from our home, now he tells me that he wants to take the furniture...Is that possible? http://www.elprime.com/tracker/subscribe.htm?476663.001 http://www.elprime.com/tracker/subscribe.htm?476644.001 Mon, 27 Jul 2009 07:52:00 -0600 Child Custody & Visitation The father of my 3 children has ordered to pay child support since 2005. Not only he doesnt pay it, but he hasnt talked to the kidz or seen then for over 3 yrs. On June 09, I sent the kidz to my mother for summmer vacations to California. I was called on Saturday morning that he took the kids and doesnt want to give them back to me. I have legal documents stading that I have physical custody of them. What can I do?What is the name of your state (only U.S. law)? http://www.elprime.com/tracker/subscribe.htm?476644.001 http://www.elprime.com/tracker/subscribe.htm?476566.001 Sun, 26 Jul 2009 16:03:00 -0600 Divorce, Separation & Annulment Me and my husband have an agreement that we want to divorce we have a 5 year old girl and have filled for taxes for the past 5 years we got married in the los angeles county and currently live in ontario california which is san bernandino county what do i do ? http://www.elprime.com/tracker/subscribe.htm?476566.001 http://www.elprime.com/tracker/subscribe.htm?476512.001 Sun, 26 Jul 2009 02:05:00 -0600 Divorce, Separation & Annulment What is the name of your state (only U.S. law)? california i got married a month ago moved away to find out he is fixed what do i do? http://www.elprime.com/tracker/subscribe.htm?476512.001 http://www.elprime.com/tracker/subscribe.htm?476466.001 Sat, 25 Jul 2009 14:05:00 -0600 Child Custody & Visitation I have a 16 yr old daughter. Can my ex get custody of my daughter if I have a 21 yr old family friend male roomate? http://www.elprime.com/tracker/subscribe.htm?476466.001 http://www.elprime.com/tracker/subscribe.htm?476424.001 Sat, 25 Jul 2009 01:02:00 -0600 Divorce, Separation & Annulment My soon to be ex-wife did not declare her bank-account and inherited property in Canada. We've been married and living in San Diego CA for 32 years and she 'conveniently' left those items out in the property declaration. Do I have the right to tell her to add them? Or can she withhold those assets from the divorce? http://www.elprime.com/tracker/subscribe.htm?476424.001 http://www.elprime.com/tracker/subscribe.htm?476395.001 Fri, 24 Jul 2009 20:16:00 -0600 Marriage, Domestic Partnerships and Other Family Law Matters What is the name of your state (only U.S. law)? Mississippi. I live in Mississippi, my daughter and her mother live in California. She has full custody of my daughter. Custody was filed in California. Which state do I have to file with to relinquish my parental rights? http://www.elprime.com/tracker/subscribe.htm?476395.001 http://www.elprime.com/tracker/subscribe.htm?476301.001 Fri, 24 Jul 2009 10:35:00 -0600 Child Custody & Visitation Good morning to everyone. I am new to this forum and would like to get some free advise. I have 2 children ages 6 and 2. About a month ago we went to court for a temporary order in which my ex husband was awarded 50% physical custody of our children. My attorney told me that this was not final and that I should not worry at all. (It does worry me because our kids are not used to being away from their home) To make a long story short and basically ask the questions, Do temporary orders make them permanent? Plus my child goes to school and her father does not live in the same school district, can anyone help me with some advise or clarification. Thank you. http://www.elprime.com/tracker/subscribe.htm?476301.001 http://www.elprime.com/tracker/subscribe.htm?476223.001 Thu, 23 Jul 2009 19:43:00 -0600 Child Custody & Visitation My son and his fiance moved in with us upon learning she was pregnant and now that the baby just turned 1, she has said she is moving out and taking the child with her. My son is devastated and I would like to know what he can expect, what are his rights to any custody and or visitation. He is on the childs birth cert. and the child carries his last name. Thanks to all. http://www.elprime.com/tracker/subscribe.htm?476223.001 http://www.elprime.com/tracker/subscribe.htm?476166.001 Thu, 23 Jul 2009 14:05:00 -0600 Child Custody & Visitation Well I went to court today, what did you guys think that I was actually going to tell you guys what day I had court, well I got what I wanted, I won't pay any child support for now, because I am unemployed and I have my child 50% of the time, these are just temporary orders, so what do you guys think is next? http://www.elprime.com/tracker/subscribe.htm?476166.001 http://www.elprime.com/tracker/subscribe.htm?476138.001 Thu, 23 Jul 2009 11:39:00 -0600 Child Custody & Visitation hello. I have an appointment to take my two sons to see a court ordered minors attorney today. i just wanted some info on what would be asked of my boys, ages 9 years old and 14 years old. thanks for any advice. http://www.elprime.com/tracker/subscribe.htm?476138.001 http://www.elprime.com/tracker/subscribe.htm?476059.001 Wed, 22 Jul 2009 20:34:00 -0600 Child Custody & Visitation My ex and I just got done with court orders around February and he was granted visitation to our then 1 year 6 months baby boy. He was granted visitation for Wednesday and every weekends. Therefore, he is not following it and skipping visitations. For some weekends, he would tell me he can not make it due to things that he has to do and at times he does not call nor show for the visitation on Wednesdays. It seems as if he comes when he wants and when he does not, he is nowhere. I have recorded the days and times when he missed or canceled visitation for my own record. I was wondering if there's anything I can do about this issue. I am not trying to stop him from coming to see his son, I just want my son to not feel as if he is being ditch when he is old enough to understand what is going on. Thank you for any advice or comment. http://www.elprime.com/tracker/subscribe.htm?476059.001 http://www.elprime.com/tracker/subscribe.htm?476023.001 Wed, 22 Jul 2009 16:49:00 -0600 Divorce, Separation & Annulment I filed a response to my soon-to-be ex-wife's Income and Expense Declaration and Schedule of Assets with my own. I did not know about the Separate Property Declaration FL-160. I would like to file one now. Do I need to file a Motion or can I just file it with the Court? Thank you! http://www.elprime.com/tracker/subscribe.htm?476023.001 http://www.elprime.com/tracker/subscribe.htm?476021.001 Wed, 22 Jul 2009 16:40:00 -0600 Child Custody & Visitation My soon-to-be ex-wife wants to move to Italy (where she is a citizen) with our two children who were born here in California. I still want joint legal custody and will agree to her having sole physical custody (with the children allowed to visit me here in California once a year). If I agree to this, will I still have to pay child support? Or it depends on our Settlement Agreement. Thank you. http://www.elprime.com/tracker/subscribe.htm?476021.001 http://www.elprime.com/tracker/subscribe.htm?476019.001 Wed, 22 Jul 2009 16:33:00 -0600 Divorce, Separation & Annulment The judge had made his judgement but he said I have the right to appeal it within 90 days. Is it possible to extend that 90 days before I make a decision? Thanks http://www.elprime.com/tracker/subscribe.htm?476019.001 http://www.elprime.com/tracker/subscribe.htm?476018.001 Wed, 22 Jul 2009 16:30:00 -0600 Alimony & Spousal Support My ex was recently lay off and now the spousal support has stop. It has been about 4 months that I have not received any spousal support. Is he suppose to file some sort of paper works with the court to let them know that he has been lay off? http://www.elprime.com/tracker/subscribe.htm?476018.001 http://www.elprime.com/tracker/subscribe.htm?475962.001 Wed, 22 Jul 2009 11:09:00 -0600 Adoption California, welfare fraud, How can i get my money from welfare if my adoptive parent don't share with me. http://www.elprime.com/tracker/subscribe.htm?475962.001 http://www.elprime.com/tracker/subscribe.htm?475916.001 Tue, 21 Jul 2009 22:30:00 -0600 Marriage, Domestic Partnerships and Other Family Law Matters I live in California. My live-in boyfriend paid off a vehicle without my knowledge it was registered to either him or I, not as he and I. He then left with the Blazer on 2/20/09. I called the finance company on 2/23/09 and discovered he had paid the truck off but the pink was lost in the mail. I went to the DMV and took his name off the title and went to the finance company and they signed off on the pink. The vehicle is now only registered to me and insured by me. I have the pink slip in my name only. The local police have been no help since he had keys to the truck along with me. He has told the police that the vehicle just disappeared. I want him to return the vehicle. When can this vehicle be considered stolen. if at all. It has now been nearly 4 months how long do I have to wait. What are my options.....HelpWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)? http://www.elprime.com/tracker/subscribe.htm?475916.001 http://www.elprime.com/tracker/subscribe.htm?475882.001 Tue, 21 Jul 2009 18:11:00 -0600 Child Custody & Visitation I am a male, married but my wife filed for divorce, we have a beautiful daughter who is 2 years old. Wife has always been the provider, I work and go to school. In order for me to feel confident I requested this court for temporary custody because I don't live in the home (i basically moved out for 1 month because of the constant fighting). I have court on Friday and decided to come back home 3 days before my court date, i basically took my belongings and moved in with a female friend and i was advised by people that i should go back home because that will be considered abandonement to the magistrate i do have an attorney who advised me that i should go for the half custody of my daughter, please give me some advise as i will need it http://www.elprime.com/tracker/subscribe.htm?475882.001 http://www.elprime.com/tracker/subscribe.htm?475874.001 Tue, 21 Jul 2009 17:21:00 -0600 Divorce, Separation & Annulment I also posted under debt collection, as I am not totally sure which category this Q should go under. My friend's husband fled the country 9 months ago. She started the divorce process as soon as she could, so they are still legally married. She just recently found out (because creditors began calling her employer) that he racked up about $250k in credit card debt. She never signed anything, like an application, and had no knowledge of any of this. Now her lawyer is saying this is community property and she needs to file for bankruptcy immediately. My mother's best friend had a similar situation, only the woman's husband is still in the U.S. We called the friend. She said that when she spoke to the people who were calling her, the credit card co's themselves told her that if she never signed anything she was not responsible. I don't trust my own friend's lawyer at this point. It's really time-consuming and expensive to get a second opinion. She is obvioulsy flat broke at this point! Anyone have any knowledge of this? I am googling and not finding any info on the web, which shocks me. Thank you. http://www.elprime.com/tracker/subscribe.htm?475874.001 http://www.elprime.com/tracker/subscribe.htm?475841.001 Tue, 21 Jul 2009 14:20:00 -0600 Divorce, Separation & Annulment As part of the Didision of Property Assests it was stipilated and agreed that the real property (house) was awarded to the wife. The Judgement also stipulated that the wife (respondent) shall refinance the home into her name alone within 180 days. The wife will not be able to have the house refinanced due to a bad credit history. At this point what happens: do I need to reopen the case and request that the porperty be sold? and fi so do I need a lawyer? or can I doit myself? Please advise. http://www.elprime.com/tracker/subscribe.htm?475841.001 http://www.elprime.com/tracker/subscribe.htm?475798.001 Tue, 21 Jul 2009 10:15:00 -0600 Child Custody & Visitation I have posted about 3 threads, Yes I do have a son that was taken away from his mother and is now with his legal guardians. But now listen to my new one I am going through a divorce, my kids are not used to me being around them I used to never take them to the park or anywhere because simply I never had time, my stbxw and I verbally agreed that we would gradually have the kids get used to spending time with me, so I now have them every other weekend and take them out for the day, however, her routine continues during the weekdays, I understand that I never spent time with them, and I regret it now that I have court coming up next month. I am now unemployed and will be receiving little benefit, which I understand that part of it will go into child support, but can I fight 50% physical custody of my kids? We are due to court next month for child support and temporary custody, can someone explain to me what will happen? I also have a DUI that is about 6 years old, will that come up? http://www.elprime.com/tracker/subscribe.htm?475798.001 http://www.elprime.com/tracker/subscribe.htm?475772.001 Tue, 21 Jul 2009 01:04:00 -0600 Alimony & Spousal Support I filed a motion to reinstate spousal support which the judge had reduced to a reservation in our previous order. I understood there was a deadline for my ex to respond. Do you know what the deadline for responding is and does it really matter? I feel like I follow the rules but he does whatever and the court doesn't care. http://www.elprime.com/tracker/subscribe.htm?475772.001 http://www.elprime.com/tracker/subscribe.htm?475754.001 Mon, 20 Jul 2009 21:57:00 -0600 Domestic Violence & Abuse California - got into an argument outside the bank with ex over a check, she had to be present to deposit it as her name was on it. Anyhow some looky-loo called the cops and the cops say it's domestic violence to argue with someone you were either married to or had a boyfriend/girlfriend relationship with. No one touched anyone and she told them that, yet it's DV ? not charged or arrested or anything... arguing, no threats no nothing, arguing over the memo part of the check thats it and it's DV? am I in the twilight zone? http://www.elprime.com/tracker/subscribe.htm?475754.001 http://www.elprime.com/tracker/subscribe.htm?475741.001 Mon, 20 Jul 2009 20:08:00 -0600 Divorce, Separation & Annulment Just a quick question. My ex was ordered by stiuplation the she is to randomly give me notice to get blood work done once a month. She hasen't the last three months. She only has until Sept to give me those notices. After that, she doen't have that "power". I know contempt isn't the right word, but is she making herself look bad? Can something like this used to my advantage when asking for more time with the mediator? If it's a stipulation, does she HAVE to give me a notice every month or is just on her own will? http://www.elprime.com/tracker/subscribe.htm?475741.001 http://www.elprime.com/tracker/subscribe.htm?475721.001 Mon, 20 Jul 2009 18:51:00 -0600 Domestic Violence & Abuse Hi...my husband and I were horsing around intimately and things got a little rougher than they usually do but consentually. I got hurt I thought so I went to the Dr. I told the truth that my husband had did it but was embarassed why so gave her our role play story that he was mad and then came after me. She said she was reporting it. I said what would happen if I told her I lied...and she said she'd still report it! Then I went home...and she called me back for more tests. She had me in the room and then a sheriff walked in. I paniced and told him the same I'd told the Dr. Now they are pressing charges on my husband and no one will believe me...that I lied. An investigator came to my work and talked to me and said he didn't believe me. His lawyer says I shoud take the 5th because they may not believe me and could get me for purjury. Now what is going to happen to my husband. Right now they are saying 2 years in prison with a charge of assult with a deadly weapon other than a gun to cause GBI. He has no prior violent charges but a felony more than 10 years old that was drug related. Any advise or insight on what the outcome is going to be??? http://www.elprime.com/tracker/subscribe.htm?475721.001 http://www.elprime.com/tracker/subscribe.htm?475716.001 Mon, 20 Jul 2009 18:01:00 -0600 Divorce, Separation & Annulment What is the name of your state (only U.S. law)? California My spouse's attorney wants to depose my employer (HR) in our divorce case, even though they already provided them with financial records (ie, salary, stock options, etc). Can I prevent this from happening? http://www.elprime.com/tracker/subscribe.htm?475716.001 http://www.elprime.com/tracker/subscribe.htm?475708.001 Mon, 20 Jul 2009 17:13:00 -0600 Child Custody & Visitation What are the chances of a father getting 50% physical custody...My stbxw has been the primary caregiver, but I was always working and never had time with my kids, it's been very hard for my kids to get acquianted with me because I was never around, they would kick and scream when I took them out, after I filed for divorce. I will not be living in the same district either, my kids are 5 and 2. I was recently unemployed and I wanted to know if a judge will still have be pay child support if I am receiving unemployment benefits? http://www.elprime.com/tracker/subscribe.htm?475708.001 http://www.elprime.com/tracker/subscribe.htm?475709.001 Mon, 20 Jul 2009 17:13:00 -0600 Child Custody & Visitation I understand that step parents and bed buddies do not have any legal rights unless given by a judge. In reading other threads I see that some are reprimanded for using "We" and "Us." My children and I have lived with my bed buddy (BF) for over 6 years. My youngest was 3 1/2 at the time. She is now 10. Their dad was not in the picture until recently. My BF is all that my girls had for a father figure for all those years. My children do not call my BF dad, but my two youngest do introduce him as dad. Dr.s, teachers and anybody of any importance know of our situation. (including that dad is not allowed at school) They know that my BF is not dad. Anyway, through the years my BF has signed emergency cards, permission slips and many other school orientated items. School knows that we are not married and that he is not their legal guardian. BF is allowed to pick up from school, etc. He does not sign any medical related items but is on as an emergency contact. Could the school be in legal trouble for allowing this? I never thought anything of it as they were always aware of our situation and never questioned me. http://www.elprime.com/tracker/subscribe.htm?475709.001 http://www.elprime.com/tracker/subscribe.htm?475705.001 Mon, 20 Jul 2009 16:42:00 -0600 Child Custody & Visitation Good afternoon everyone....can a guardian that has my son put his last name on my son? Here is a run down, my ex and I were having problems and my son was placed with a legal guardian, now I received copies of his academic scholarships, and while looking at them they had the legal guardians last name, is this possible? http://www.elprime.com/tracker/subscribe.htm?475705.001 http://www.elprime.com/tracker/subscribe.htm?475701.001 Mon, 20 Jul 2009 16:16:00 -0600 Child Custody & Visitation My ex husband has custody of my two daughters. They currently reside in Illinois and I reside in California. I want some changes to be done to our custody agreement. But I am not sure if I should get a lawyer from California or from Ilinois. Our divorce had taken place in Illinois court. http://www.elprime.com/tracker/subscribe.htm?475701.001 http://www.elprime.com/tracker/subscribe.htm?475691.001 Mon, 20 Jul 2009 15:10:00 -0600 Child Custody & Visitation Yesterday my daughter received a text from her dad saying, "Tell your mom to check her email." In the email sent at 3:00pm he asks for a visitation around 7ish. the same night. #1 I didn't respond immediately as I was frustrated that he had texted our daughter which is against the court order. The kiddos are to initiate all phone contact. #2 Even if he was allowed to contact I don't feel that he should be using her to get to me. #3 I don't feel that 4 hours is a reasonable time to request a visitation. As it turns out....at 3:30pm I received another email from him stating, "Never mind friend is flaking am done with this will wait till courtdate will not look good for u limiting our options" Dad is responsible for finding a supervisor all agree upon. He has two friends that fit that criteria. He has suggested two others, one was a man that the kiddos and I do not know, the other an old friend of mine that I am no longer friends with. Neither of which are an option in my opinion. Unfortunately due to past circumstances, none of my family would be willing to supervise. Ultimately I have two questions. -Reasonable time is not specified on the new orders. Am I being unreasonable to expect more than 4 hours notice for a visitation request? Our next hearing is in September. Can I or should I ask for orders from that hearing to be more specific? -Can I possibly be reprimanded for saying "No" to dads two other supervisor suggestions? Dad was awarded once a week for one hour visitation. He has exercised 3 out of the 8 available weeks. The last visitation was for two hours as he took kiddos to breakfast. (I'm ok with that, he was providing a meal and the kiddos wanted more time) He provided kiddos with a cell phone so that they may call him, now he's texting it. He and I are to email about visitation, yet my mailbox is filled with rantings on other topics that have nothing to do with the kiddos. He has no concept of following the court orders. It seems that if I give an inch he takes 10 miles. Yet, if I don't give an inch, I am considered unreasonable. http://www.elprime.com/tracker/subscribe.htm?475691.001 http://www.elprime.com/tracker/subscribe.htm?475560.001 Sun, 19 Jul 2009 18:35:00 -0600 Child Custody & Visitation okay so in california if a father was to leave his daughter at her mothers house and he has full custody but he never comes back to pick her up and refuses to give her stuff back to her and wont even talk to her for over 2 months can this make him lose his custody? http://www.elprime.com/tracker/subscribe.htm?475560.001 http://www.elprime.com/tracker/subscribe.htm?475496.001 Sun, 19 Jul 2009 01:51:00 -0600 Alimony & Spousal Support ok, im not yet divorced but if it does come up, how much alimony do you think i will pay? she makes about $33,280/yr and i make about $93,600/yr. Also we have a mortgage of about $2,850 per month and bills as follows: 2 cars, student loan payments, debts incurred as a result of buying things for our house like washer, dryer, refrigerator, and other small bills. we have a child together too. I also have about $22k in my 401k and about $12k in my pension. i pay for her medical and dental insurance and is also on my life insurance policy. so what kind of payments will i be looking at? I'm a state licensed electrical engineer and she's a state license psychiatric technician (meaning she can make more in the future) and also if i do get a divorce and she gets alimony, if the judge says you pay x amount per month and i get a raise each year, is she also qualified to tap into that raise? http://www.elprime.com/tracker/subscribe.htm?475496.001 http://www.elprime.com/tracker/subscribe.htm?475491.001 Sat, 18 Jul 2009 23:25:00 -0600 Grandparent’s Rights Nobody asked "new" judge to vacate prior court's orders. Is this a rule 60 (b) violatoin? Can I ask for evidentiary hearing to see if anything wrong with prior Court Order? Nobody has alleged "changed circumstances" to vacate prior court order (or is changed circumstances only for custody)? ---- Mine is grand parent visitation. To discontinue visitation "new" judge said "parent's determination (they gave no reasons) must be respected and given deference" and to insure no more visitation 'new' JUDGE ruled to no longer enforce "stipulated agreement" (Court Order of prior judge). If this is confusing to you -I'm more confused. WHAT HAPPENED? The "new" judge "ruled" without an evidentiary hearing ---- that is what went wrong but he denied my reconsideraton/rehearing requesting an evidentiary hearing. I have filed an appeal but until I know WHAT "new" judge CAN do --- I have no appeal. My new hired appeal attorney doesn't know answers to my questions --- Sad grandma http://www.elprime.com/tracker/subscribe.htm?475491.001 http://www.elprime.com/tracker/subscribe.htm?475438.001 Sat, 18 Jul 2009 12:53:00 -0600 Child Custody & Visitation My ex husband and I have joint custody of our 2 children. He lives in Northern California and I now live in Southern California. We were meeting each other half way so I could visit the kids. He now has decided to leave the 5 hour drive both ways up to me if I want to see the kids. Is there anything I can do?What is the name of your state (only U.S. law)? http://www.elprime.com/tracker/subscribe.htm?475438.001 http://www.elprime.com/tracker/subscribe.htm?475416.001 Sat, 18 Jul 2009 10:05:00 -0600 Marriage, Domestic Partnerships and Other Family Law Matters I have been with my fiancé for 5 years, living together for 4 and engaged for 2. About 2 years back he asked me to take out monies from my condo to help pay for debts he incurred as well as upgrade his home. I refinanced and took out $50k. Recently we have been arguing a lot, and when we do he tells me that I need to move out of "his house". When I ask him about the $50k he owes me, his response is that he can't afford that right now and that he will pay me eventually. We have never registered a Domestic Partnership, but have been on a joint medical plan as domestic partners for the last 4 years. What are my rights in this situation? I look forward to your reply.What is the name of your state (only U.S. law)? http://www.elprime.com/tracker/subscribe.htm?475416.001 http://www.elprime.com/tracker/subscribe.htm?475378.001 Fri, 17 Jul 2009 23:10:00 -0600 Divorce, Separation & Annulment What is the name of your state (only U.S. law CA If you could help, i would really appreciate it! I am currently active duty, and in the middle of a bad divorce. It should be finalized in August, but since we have seperated, I have been seeing someone and its gotten serious. I found out I am pregnant just 2 days ago. Problem being im still married until next month. Should I wait until my divorce is finalized to go to Medical to avoid issues with the UCMJ policy or what?? any advice would be extremely appreciated!!!! thank you!! http://www.elprime.com/tracker/subscribe.htm?475378.001 http://www.elprime.com/tracker/subscribe.htm?475310.001 Fri, 17 Jul 2009 14:26:00 -0600 Alimony & Spousal Support My spouse is not following the divorce agreement that we made in 2005, he has stopped making the spousal support that was to continue through 2016, what steps do I need to take to enforce this? http://www.elprime.com/tracker/subscribe.htm?475310.001 http://www.elprime.com/tracker/subscribe.htm?475304.001 Fri, 17 Jul 2009 13:45:00 -0600 Child Support I was unemployed for 7 months and accrued arrears over that time at the same support order rate. Does the court typically lower the rate for the unemployment time? It seems unfair the 7 months I had no income including unemployment insurance and they still charge the full order? There's gotta be some sort of help in this area. It's going to take years to catch up for that 7 months since now I have an even lower income. http://www.elprime.com/tracker/subscribe.htm?475304.001 http://www.elprime.com/tracker/subscribe.htm?475236.001 Fri, 17 Jul 2009 01:46:00 -0600 Child Custody & Visitation Will a judge look favorably at a respondent who: 1. Went to parenting classes alone after the judge said to do it jointly 2. Give joint custody to a parent who has a history of a.Drug abuse b.Leaving a seven year old at home alone 3. Did not respond to a lawyers proposal to see the child one day a week supervised and to pay child support and instead went to child care classes 4. Dose not have a relationship with his oldest daughter 5. http://www.elprime.com/tracker/subscribe.htm?475236.001 http://www.elprime.com/tracker/subscribe.htm?475228.001 Fri, 17 Jul 2009 00:12:00 -0600 Child Custody & Visitation (Not sure if this is in the right place. If it should be in the trust, will section I will place it there. Not a problem, let me know) Years ago when my EX was out of the country with no known intent on returning (no custody when he was here) I asked my brother and his wife if they would take care of my children should something happen to me. Nothing was ever written on paper...nothing official. Now that dad is back in town (still has no custody, supervised visits) what would happen to my children if I were to fall ill or pass away? Can I choose who takes care of them while and/or if dad gets his act together?What is the name of your state (only U.S. law)? http://www.elprime.com/tracker/subscribe.htm?475228.001