Can A Restraining Order Be Issued Against Me To Stay Away From Someone Who Is Eighteen Years Old, If That Person Does Not Want The Order?
Can A Restraining Order Be Issued Against Me To Stay Away From Someone Who Is Eighteen Years Old, If That Person Does Not Want The Order?
A civil harassment order is a restraining order available to victims who are being harassed by someone. The harasser can be anyone from a friend, neighbor, co-worker, or a complete stranger. If the harasser and victim have a domestic relationship, the victim should apply for a domestic violence restraining order, rather than a civil harassment order. A person can qualify for a civil harassment order is the harasser has committed…
Read MoreDivorce and Foreclosure in San Bernardino
In today's economy, many couples are burdened financially and as a result in many instances divorce is initiated. Financial issues are typically the root of divorce filings. The Community house/residence are commonly in default in at or near foreclosure proceedings. Couples can certainly still proceed with the divorce action despite being upside down on the home. The home can be short-sale or in many cases, couples have just walked away…
Read MoreI am Getting Divorced and I Make More Then My Spouse. Do I have to Pay Spousal Support? – Part 2
In a previous blog, we discussed the general rule and/or principal for the ordering of spousal support. We discussed how if the parties have been married for less then 10 years, the higher income earner will have to pay spousal support to the other spouse for a period of time that equals half the length of the marriage. We also discussed how if the parties have been married for more…
Read MoreMy Spouse Cheated On Me. Can I Use This To My Advantage In My Divorce?
“I have proof that my wife has been cheating on me with her gym trainer”. “My husband is a big gambler and womanizer and has used a lot of our money on prostitutes and gambling during our marriage.” Many times we get calls from spouses who want to file for divorce and want to know if this evidence can be used to their advantage in their divorce. They want to…
Read MoreWife wants to leave me and take the kids with her to Kentucky
It really depends on whether there is a court order or not, as a married couple, if you separate before either one files for divorce or for a custody motion, one parent will usually care for the children primarily outside an agreement between the parties and if that parent moves to another state, that parent will have to provide you the current address. Once custody and visitation orders are made…
Read MoreTax Implications of Spousal Support
Alimony or spousal support paid to a former spouse arising out of a court order, or family law judgment is tax deductible by the payor when he/she files an income tax return. Contemporaneously, spousal support received by the payee/recipient arising out of a family law order or judgment is taxable income to the payee/recipient. Determination of the amount of permanent ordered spousal support is governed under Family Code Section 4320.…
Read MoreI am the father of my 9 month old daughter but the mother refused to put me on the birth certificate. Now she is not letting me see my daughter. What can I do to be able to establish my parental rights?
If you believe you are the biological father of a child but you are not named as the father on the birth certificate then you must go to court to establish your parental rights. You do this by retaining a lawyer and file for “paternity” of your child. If the mother “contests” your paternity then you will need to take a court approved paternity and possibly DNA testing. If it…
Read MoreWhat does the Court base the child support award on?
The factors the court considers when calculating guideline child support include: (1) How much time each parent spends with their children, (2) How much money the parents earn or have the ability to earn, (3) How much other income each parent receives, (4) How many children these parents have together, (5) The actual tax filing status of each parent, (6) The new spouse’s income if they are filing their taxes…
Read MoreHow does the Court Determine Child Support?
If parents cannot agree on how much money is fair and reasonable, outside of court, to take care of their child, the court’s assistance may be requested to order to determine that one parent is to pay the other parent a specific amount of money every month to help pay for a child’s living expenses. The judge must decide the child support amount based on a guideline calculation. Orange County…
Read MoreWhat is the Difference Between Legal and Physical Custody?
We often get calls from parents inquiring about the custody of the their children in their on-going divorce or paternity matter, etc. Many times parents want sole custody. However, they often overlook that fact that there are two types of custody to address, Physical Custody and Legal Custody. We will now go over the basic differences between the two: Physical Custody 1. Deals with having the actual, physical care and…
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