QUESTION: Will my ex get spousal support if he claims he is disabled? My husband has filed for soc sec disability and was denied. I want a divorce because of his infidelity. Can he collect spousal support from me?
MY ANSWER: He may likely get Spousal Support from you if he has a disability that truly renders him unable to work.
If he was denied Social Security Disability, it may be because he is not disabled.
You could seek (and pay for) a vocational evaluation of him in an effort to get the Court to impute income to him.
His infidelity is not an issue that the Court would address, since we have no-fault divorce in California.
You would best be represented by an experienced Family Law Attorney if you intend to oppose your husband's request for Spousal Support.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Monday, May 30, 2011
WILL I HAVE TO PAY ALIMONY?
QUESTION: If I am getting divorced do I have to pay alimony? I am currently in the military and currently in a divorce. We have to go to court soon; if the judge says on that date we are divorced, do I still have to pay her money. According to the USMC, I will stop paying her, but will the court say I have to and if so, why? We have no kids together but she has a 3 year old from a previous relationship. And she has a job at Ihop. Will I have to pay Alimony to her?
MY ANSWER: You haven't provided sufficient information for me to adequately evaluate your risk of a Spousal Support Judgment. However, if your wife has a 3-1/2 year old child from a former relationship, I surmise that your marriage has been a relatively short one. In marriages of less than 10 years duration, the Court generally awards Spousal Support for 1/2 of the duration of the marriage (if the facts in the case justify Spousal Support). Spousal Support is primarily based on the income of each party and the standard of living of the parties during the marriage. If your and your wife's incomes are fairly close to each other, assuming that those facts are accurately presented to the Court, it would be unlikely that the Court would award Spousal Support. On the other hand, if your income is significantly greater than your wife's income, there is a fair chance that the Court could award your wife Spousal Support, albeit for a limited duration.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: You haven't provided sufficient information for me to adequately evaluate your risk of a Spousal Support Judgment. However, if your wife has a 3-1/2 year old child from a former relationship, I surmise that your marriage has been a relatively short one. In marriages of less than 10 years duration, the Court generally awards Spousal Support for 1/2 of the duration of the marriage (if the facts in the case justify Spousal Support). Spousal Support is primarily based on the income of each party and the standard of living of the parties during the marriage. If your and your wife's incomes are fairly close to each other, assuming that those facts are accurately presented to the Court, it would be unlikely that the Court would award Spousal Support. On the other hand, if your income is significantly greater than your wife's income, there is a fair chance that the Court could award your wife Spousal Support, albeit for a limited duration.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
CAN I RESCHEDULE MY EX-HUSBAND'S VISITATION?
QUESTION: Can I reschedule inconveniently set visitation? I have sole custody of my two children ages 3 and 1. My Ex-husband abandoned my oldest which was 6 months old at the time and I. Both of our children have only seen him a total of 4 times in 3 years. Our youngest has no idea who his father is. In the divorce decree it states he can take the children for 2 weeks with enough written notice. He has sent me a certified letter saying he will designate his mom to pick up the children for the 2 week visitation. The problem is I have a serious commitment that I had planned for 6 months in advance on the dates he wants his mom to pick up the children. I cannot change this commitment and the children are included in these plans. I am more than willing to let him take the children but I am wondering if I can reschedule the visitation for a month later? He is not very compliant, understanding or willing to compromise with me even though I am happy to let him take them just not at the time that he believes is convenient for his mother to take our children. Is there any way I can reschedule his visitation with them for a moth later? Our divorce decree does not say I have to comply to his request and please him on the dates he chooses.
MY ANSWER: You can tell your ex-husband that he didn't give you enough advance notice, and that you had already committed to plans with the children that you are unable to change. Ask him to change his visitation to dates that don't conflict with your plans. If he refuses, file an Order to Show Cause to modify (reduce) visitation based on his lack of visitation over the long period of time and his refusal to accommodate your prior commitment, and schedule a court mediation of that issue to try to get it resolved before the hearing on the OSC. If there isn't enough time to schedule an OSC, you might file an Ex Parte Application for an Order Shortening Time to set and serve your Order to Show Cause. You would best be represented by an experienced Family Law Attorney in such matters.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: You can tell your ex-husband that he didn't give you enough advance notice, and that you had already committed to plans with the children that you are unable to change. Ask him to change his visitation to dates that don't conflict with your plans. If he refuses, file an Order to Show Cause to modify (reduce) visitation based on his lack of visitation over the long period of time and his refusal to accommodate your prior commitment, and schedule a court mediation of that issue to try to get it resolved before the hearing on the OSC. If there isn't enough time to schedule an OSC, you might file an Ex Parte Application for an Order Shortening Time to set and serve your Order to Show Cause. You would best be represented by an experienced Family Law Attorney in such matters.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Saturday, May 28, 2011
How can I finish my child custody case?
QUESTION: I have opened a child custody case against my son’s father. He is an illegal immigrant and currently homeless or in Mexico for all I know and I haven't heard from him in 2 years. I received full physical and legal custody and he didn't show up to court so I have a true default and have to finish it off. I am looking out for the safety or my son and I don't care at all about child support. I just want it so later down the road if he chooses to come and make excuses as to why he didn't show up to court, he can't, and I don't want him in my son's life because I feel that my son will succeed in life without a missing father to drag him down. How can I finish my child custody case?
ANSWER: Just because the father didn't show up at your last custody hearing doesn't mean that he is in "default".
You haven't provided enough detail for me to do an in-depth analysis, but I surmise that you have filed a Paternity (Uniform Parentage Act) case, that you had the father served, and that you filed and served an Order to Show Cause ["OSC"] for temporary custody pending trial, and received a temporary Child Custody Order after the father failed to show up at the hearing (and likely failed to file a Responsive Declaration to your OSC).
If that is the case, your next step would depend upon whether the father filed and served a FL-220 Response to Petition to Establish Parental Relationship. If he did, you need to file and serve by mail on his last known address whatever request to set for trial that your county requires (in Los Angeles County, that form is a FAM 014 form, REQUEST FOR TRIAL SETTING FAMILY LAW).
If the father didn't file a FL-220 Response, you should file and serve by mail on his last known address a FL-165 REQUEST TO ENTER DEFAULT, along with a photocopy of it and a self-addressed stamped envelope for the clerk to use to return a conformed copy of the document when the Court enters his default.
Once you have received the Request to Enter Default back from the Court, reflecting that the father's Default was entered, you should file a REQUEST FOR DEFAULT SETTING, or whatever similar document that your county requires (in Los Angeles County, that form is a FAM 031 form, REQUEST FOR DEFAULT SETTING), along with a photocopy of it and a self-addressed stamped envelope for the clerk to use to return a conformed copy of that document, advising you of the date, time and place of the default hearing. Show up at the default hearing prepared to present and argue your case to the judicial officer.
Note that you cannot serve documents yourself, so anything that you need to have served on the father should be served by somebody else over the age of 18, who should sign the appropriate Proof of Service, to be attached to the respective document that you file with the Court.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
ANSWER: Just because the father didn't show up at your last custody hearing doesn't mean that he is in "default".
You haven't provided enough detail for me to do an in-depth analysis, but I surmise that you have filed a Paternity (Uniform Parentage Act) case, that you had the father served, and that you filed and served an Order to Show Cause ["OSC"] for temporary custody pending trial, and received a temporary Child Custody Order after the father failed to show up at the hearing (and likely failed to file a Responsive Declaration to your OSC).
If that is the case, your next step would depend upon whether the father filed and served a FL-220 Response to Petition to Establish Parental Relationship. If he did, you need to file and serve by mail on his last known address whatever request to set for trial that your county requires (in Los Angeles County, that form is a FAM 014 form, REQUEST FOR TRIAL SETTING FAMILY LAW).
If the father didn't file a FL-220 Response, you should file and serve by mail on his last known address a FL-165 REQUEST TO ENTER DEFAULT, along with a photocopy of it and a self-addressed stamped envelope for the clerk to use to return a conformed copy of the document when the Court enters his default.
Once you have received the Request to Enter Default back from the Court, reflecting that the father's Default was entered, you should file a REQUEST FOR DEFAULT SETTING, or whatever similar document that your county requires (in Los Angeles County, that form is a FAM 031 form, REQUEST FOR DEFAULT SETTING), along with a photocopy of it and a self-addressed stamped envelope for the clerk to use to return a conformed copy of that document, advising you of the date, time and place of the default hearing. Show up at the default hearing prepared to present and argue your case to the judicial officer.
Note that you cannot serve documents yourself, so anything that you need to have served on the father should be served by somebody else over the age of 18, who should sign the appropriate Proof of Service, to be attached to the respective document that you file with the Court.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Will I have to pay spousal support if my wife abandoned our family?
QUESTION: My wife went on a trip 8 weeks ago. After 3 weeks she notified my daughter she won't be back and she wants to get a divorce. Doesn’t that mean she abandoned the kids and me? Will she have any right to support or draw on my retirement wage?
MY ANSWER: What you call "abandonment" of you, the law refers to as "separation".
The fact that your wife separated from you does not affect or impair her rights to Spousal Support or her share of the Community Property.
All divorces begin with some form of separation, whether actual physical separation or separation by way of a statement to the effect that a party wants to get a divorce or that the marriage is over, or the preparation and filing of a Petition in which a spouse requests a dissolution of marriage.
If your wife has stopped seeing your minor children, you should seek the sole custody of your children, as well as Child Support.
You would best be represented in your divorce by an experienced Family Law Attorney, preferably a Certified Family Law Specialist.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: What you call "abandonment" of you, the law refers to as "separation".
The fact that your wife separated from you does not affect or impair her rights to Spousal Support or her share of the Community Property.
All divorces begin with some form of separation, whether actual physical separation or separation by way of a statement to the effect that a party wants to get a divorce or that the marriage is over, or the preparation and filing of a Petition in which a spouse requests a dissolution of marriage.
If your wife has stopped seeing your minor children, you should seek the sole custody of your children, as well as Child Support.
You would best be represented in your divorce by an experienced Family Law Attorney, preferably a Certified Family Law Specialist.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
What child custody rights do I have as a father?
QUESTION: What child custody rights do I have? My ex-girlfriend broke up with me when my daughter was 2 years old because I was too sick to hold job. I eventually picked up a contract as a Web Developer and a new apartment. My ex & I verbally agreed to 50% custody. I have kept an email chain for years now as my daughter is 5 & a half. After completing my contract, I moved in with parents to show stability for daughter and their house is walking distance to her school. I have dedicated my life to supporting her (I'm not even dating). I get her about 70% of the time, mainly because her mother pushes her off on me constantly which I love. Now my ex wants to move 3 cities away with my daughter and feels she is the dominant parent, so she has the right! I don't know what to file for with courts and if I need to beat her to court? Currently I am a very poor Android App Developer and have no money for an attorney! What do I do?
MY RESPONSE: If you haven't filed a Paternity (Uniform Parentage Act) case, you should do so without delay, along with an Order to Show Cause seeking custody of your daughter and opposing her mother's move-away with your daughter, setting forth the details of your relationship with your daughter and your increasing and current timeshare, with back-up documents. Of course, you would best be represented by an experienced Family Law Attorney in such matters.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: If you haven't filed a Paternity (Uniform Parentage Act) case, you should do so without delay, along with an Order to Show Cause seeking custody of your daughter and opposing her mother's move-away with your daughter, setting forth the details of your relationship with your daughter and your increasing and current timeshare, with back-up documents. Of course, you would best be represented by an experienced Family Law Attorney in such matters.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Wednesday, May 25, 2011
WHAT ARE MY CUSTODY RIGHTS IF MY EX DOESN'T BRING OUR KIDS BACK INTO THE STATE?
QUESTION: What are my child custody rights if my wife does not bring my kids back into the state? If I gave my wife permission to take our children over state lines to visit family - what happens if she doesn't bring them back? What are my rights?
MY RESPONSE: If your wife takes your children out of the state on false pretenses and fails to return them, you can file a Divorce and an Order to Show Cause for Child Custody to request that custody of the children be awarded to you.
If you prevail, you'll need to retain an attorney in the state and county where the children are, to file an action to enforce the California Order and have the Sheriff take possession of the children. You would need to go to and be in that state to receive the children from the Sheriff.
If you do nothing, and your wife has the children in another state for at least six months, that state would become the "home state" of your children, and your wife could file a Divorce in that state and request custody of the children in that Divorce, forcing you to litigate custody in that distant forum.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Los Angeles Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: If your wife takes your children out of the state on false pretenses and fails to return them, you can file a Divorce and an Order to Show Cause for Child Custody to request that custody of the children be awarded to you.
If you prevail, you'll need to retain an attorney in the state and county where the children are, to file an action to enforce the California Order and have the Sheriff take possession of the children. You would need to go to and be in that state to receive the children from the Sheriff.
If you do nothing, and your wife has the children in another state for at least six months, that state would become the "home state" of your children, and your wife could file a Divorce in that state and request custody of the children in that Divorce, forcing you to litigate custody in that distant forum.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Los Angeles Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
WHAT ARE MY CUSTODY RIGHTS TO MY ADOPTIVE CHILDREN?
QUESTION: What are my custody rights regarding my adoptive children? When we married, my husband's children were 2 & 3. I adopted them when they were 4 & 5. They are now 11 & 12. What are my rights to custody, etc. should we ever divorce? Someone is telling him that if that should happen, he could have my name removed from their birth certificates and take them away from me. Is this true?
MY ANSWER: You have the same rights to your children as your husband has, because you adopted them. They are your children. The Court could award you custody of your children. Custody is awarded on a "best interests" basis. Your husband's "advisor" is not well-informed.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Los Angeles Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: You have the same rights to your children as your husband has, because you adopted them. They are your children. The Court could award you custody of your children. Custody is awarded on a "best interests" basis. Your husband's "advisor" is not well-informed.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Los Angeles Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Tuesday, May 24, 2011
HOW DO I GET MY WIFE OUT OF MY HOME AFTER SHE FILED FOR DIVORCE?
QUESTION: How do I get my wife out of our rented home if she files for divorce? My wife of 2 1/2 years filed for divorce, and I received the papers yesterday. I was living in our current home (which we DO NOT own, we rent) before we got married. Only my name is on the lease. I want her and her 18-year-old son out of the house. What are my rights and what do I need to do? We live in California and on the divorce papers there is no requirement from the judge for me to move, however she does not want to leave. She also put the date of separation as 5/31/11.
MY ANSWER: Unless there is a Domestic Violence Restraining Order (DVRO) issued by the Court for violence or threats of violence by your wife, she can't be excluded from your rented home. I would suggest that you and she (and her son) occupy separate bedrooms and stay out of each other's way, to avoid the risk of a claim against you for Domestic Violence that might result in you being excluded from your rented home and an order that you pay the rent, as well. You can consult an attorney who handles Unlawful Detainer actions regarding how to evict your wife's son from the house. Unless your wife voluntarily moves out of the rented home, the Family Law Court won't evict her or allow you to evict her.
With regard to the date of separation in your wife's Petition, that was an obvious error, so in your Response (which you have 30 days from the date of service to file and serve), you should set forth the actual date of separation, comprising the earliest date of the date either party told the other something to the effect that he or she is divorcing the other or that your marriage is over, or the date of your wife's signature on her Petition.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: Unless there is a Domestic Violence Restraining Order (DVRO) issued by the Court for violence or threats of violence by your wife, she can't be excluded from your rented home. I would suggest that you and she (and her son) occupy separate bedrooms and stay out of each other's way, to avoid the risk of a claim against you for Domestic Violence that might result in you being excluded from your rented home and an order that you pay the rent, as well. You can consult an attorney who handles Unlawful Detainer actions regarding how to evict your wife's son from the house. Unless your wife voluntarily moves out of the rented home, the Family Law Court won't evict her or allow you to evict her.
With regard to the date of separation in your wife's Petition, that was an obvious error, so in your Response (which you have 30 days from the date of service to file and serve), you should set forth the actual date of separation, comprising the earliest date of the date either party told the other something to the effect that he or she is divorcing the other or that your marriage is over, or the date of your wife's signature on her Petition.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Monday, May 23, 2011
WILL INFIDELITY AFFECT A DIVORCE?
QUESTION: I am a marriage counselor and I have several clients asking this question:
"Will the fact that infidelity took place in my marriage [on my part (one incident)] be grounds for losing my house or affect child custody in a divorce proceeding?"
MY ANSWER: No. California has no fault divorce. Infidelity of a spouse will not affect property division or child custody rights in a divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
"Will the fact that infidelity took place in my marriage [on my part (one incident)] be grounds for losing my house or affect child custody in a divorce proceeding?"
MY ANSWER: No. California has no fault divorce. Infidelity of a spouse will not affect property division or child custody rights in a divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Sunday, May 22, 2011
CAN I BE ORDERED TO PAY CHILD SUPPORT WITHOUT A DNA TEST?
QUESTION: Can someone try to get me to pay child support without a DNA test? I met a girl a while ago and we made out a few times but did nothing more (i.e., no intercourse). All of a sudden I started receiving calls from a child support office claiming that I am the father of this girl's child and have to pay child support for her baby. Can they make me pay without a DNA test that proves I am the father of the child? Do I need an attorney to represent me in court?
MY ANSWER: You should ask to take a DNA Parentage test to establish whether or not you are the child's father.
Were you to refuse to take a DNA test, the Court could deem the refusal to be an admission of paternity and order you to pay child support until the child reaches adulthood.
The cost of a DNA Parentage Test is insignificant compared to the cost of paying child support for the duration of the child's minority.
If you had no intercourse with the girl, the DNA test will exclude you as the child's father.
You would be wise to retain an experienced Family Law Attorney to represent you.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: You should ask to take a DNA Parentage test to establish whether or not you are the child's father.
Were you to refuse to take a DNA test, the Court could deem the refusal to be an admission of paternity and order you to pay child support until the child reaches adulthood.
The cost of a DNA Parentage Test is insignificant compared to the cost of paying child support for the duration of the child's minority.
If you had no intercourse with the girl, the DNA test will exclude you as the child's father.
You would be wise to retain an experienced Family Law Attorney to represent you.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Saturday, May 21, 2011
WHAT SHOULD DO IF I WASN'T PROPERLY SERVED WITH A DIVORCE?
QUESTION: Does someone need to physically hand you documents in order to serve divorce papers? Last night my 15-year old son son was home alone and someone knocked at the door. He knows not to open the door to strangers, so he spoke to the woman through the door. She said she was there to serve me with divorce papers, but since I wasn't home she just left them on the mat outside the door. I thought that to be served someone had to physically hand you the papers. Does the way she delivered them make me legally obligated to do anything?
MY ANSWER: If someone is making personal service, the server must hand the documents to the person served.
Since your son is under 18 years old, substitute service (service on somebody at your home over the age of 18 AND mailing a copy of the same documents to you at your home) cannot be used.
You weren't personally served, and even had the server handed the documents to your underage child, that service would not have been proper service.
However, you need to be cautious and diligent, because the server may misrepresent who she served and how she served the papers in her Proof of Service, and your spouse could request the Court to enter your default and proceed to get a judgment against you without your participation.
I would recommend that you set an appointment with an experienced Family Law Attorney, and bring the papers that were left at your door (keeping a copy for yourself), to determine what your options and risks are if you don't file a Response.
Considering the likelihood that you will ultimately be served, it may be appropriate just to file a Response and proceed with and participate in the divorce. If you don't respond to the Petition, the cost of attacking improper service may not justify the risk you would take by ignoring the papers that were left at your door.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: If someone is making personal service, the server must hand the documents to the person served.
Since your son is under 18 years old, substitute service (service on somebody at your home over the age of 18 AND mailing a copy of the same documents to you at your home) cannot be used.
You weren't personally served, and even had the server handed the documents to your underage child, that service would not have been proper service.
However, you need to be cautious and diligent, because the server may misrepresent who she served and how she served the papers in her Proof of Service, and your spouse could request the Court to enter your default and proceed to get a judgment against you without your participation.
I would recommend that you set an appointment with an experienced Family Law Attorney, and bring the papers that were left at your door (keeping a copy for yourself), to determine what your options and risks are if you don't file a Response.
Considering the likelihood that you will ultimately be served, it may be appropriate just to file a Response and proceed with and participate in the divorce. If you don't respond to the Petition, the cost of attacking improper service may not justify the risk you would take by ignoring the papers that were left at your door.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Friday, May 20, 2011
IF ALL OF OUR ASSETS ARE IN MY HUSBAND'S NAME, WILL I GET HALF OF THEM IN A DIVORCE?
QUESTION: Will I get half of the property in our divorce? If I were about to get a divorce and my spouse of sixty-seven years had all our assets in only his name, could I get half of everything although all of it is in only his name?
MY ANSWER: The answer would depend on the transactions that resulted in all the assets all being in your spouse's name, as well as your spouse's dealings with you regarding those transactions, whether any part of the property was acquired with traceable separate property, whether there was a Premarital Agreement, and other factors specific to your matter.
You should retain an experienced Family Law Attorney to represent you to seek (among other things) your community interest in the assets acquired during your marriage.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: The answer would depend on the transactions that resulted in all the assets all being in your spouse's name, as well as your spouse's dealings with you regarding those transactions, whether any part of the property was acquired with traceable separate property, whether there was a Premarital Agreement, and other factors specific to your matter.
You should retain an experienced Family Law Attorney to represent you to seek (among other things) your community interest in the assets acquired during your marriage.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
WHERE SHOULD I FILE MY DIVORCE CASE?
QUESTION: How do I get divorced if I live in California and my spouse lives in Arizona? I have been separated from my wife since 2007 and I want to file for divorce. I live in California, and she lives in Arizona, where do I file?
MY ANSWER: File here, have her served in Arizona, and proceed with your case here. Wouldn't that be preferable to your wife filing in Arizona, having you served here, and you having to go to Arizona to assert your rights? You can't file in Arizona if you are a California resident.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: File here, have her served in Arizona, and proceed with your case here. Wouldn't that be preferable to your wife filing in Arizona, having you served here, and you having to go to Arizona to assert your rights? You can't file in Arizona if you are a California resident.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Wednesday, May 18, 2011
HOW WILL MY SPOUSE'S CHEATING ON ME AFFECT MY DIVORCE?
QUESTION: Will the fact that my spouse is cheating on me affect my divorce? I am a disabled woman and I have proof of a cheating husband. What can I do or receive if I want a divorce?
MY ANSWER: The legislature did away with fault as a ground for divorce, decades ago. The fact that your husband has been unfaithful to you is irrelevant as a ground for your divorce. All that is needed to get a divorce is irreconcilable differences.
If you are disabled, you evidently need Spousal Support, and if there is any community property, you are entitled to your share of community property.
If your husband has been using community funds to support his relationship with his girl friend, or if he has been paying her expenses or buying her gifts, you may have grounds to seek reimbursement of those expenditures on behalf of the community, and to pursue remedies for his breach of fiduciary duty.
You should consult and preferably retain an experienced Family Law Attorney to advise and represent you in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: The legislature did away with fault as a ground for divorce, decades ago. The fact that your husband has been unfaithful to you is irrelevant as a ground for your divorce. All that is needed to get a divorce is irreconcilable differences.
If you are disabled, you evidently need Spousal Support, and if there is any community property, you are entitled to your share of community property.
If your husband has been using community funds to support his relationship with his girl friend, or if he has been paying her expenses or buying her gifts, you may have grounds to seek reimbursement of those expenditures on behalf of the community, and to pursue remedies for his breach of fiduciary duty.
You should consult and preferably retain an experienced Family Law Attorney to advise and represent you in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Tuesday, May 17, 2011
DO I HAVE TO SEND MY CHILD TO VISIT HIS UNFIT FATHER?
QUESTION: Do I have to send my child with his father who I believe is unfit? I have primary physical custody of my son. There is no visitation set in the order..visitation must be agreed upon both parties. I feel that my son's father is unfit. The father is living in a camper outside of his mothers residence, he has no bedroom for my son, and he has his other child sleeping in a swing on top of a bed along with my son. Also, there is no water line in the camper & the father's mother locks her door at night. I fear that if there was an emergency, no one could be contacted. Am I able to keep my son from him visiting his father until I take him for sole custody?
MY ANSWER: You can prevent your son from staying with his father under those circumstances, but you shouldn't cut off all contact between your son and his father.
You should tell his father why you are not letting your son stay with him, and you should promptly file your OSC to modify child custody to seek sole physical and legal custody of your son.
You would best be represented by an experienced Family Law Attorney.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: You can prevent your son from staying with his father under those circumstances, but you shouldn't cut off all contact between your son and his father.
You should tell his father why you are not letting your son stay with him, and you should promptly file your OSC to modify child custody to seek sole physical and legal custody of your son.
You would best be represented by an experienced Family Law Attorney.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Monday, May 16, 2011
IF MY HUSBAND FILED FOR ANNULMENT, CAN I REQUEST A DIVORCE?
QUESTION: My husband filed for an annulment but I want our marriage to be dissolved. What should I do?
ANSWER: Timely file and serve by mail a Response on form FL-120 requesting a Dissolution of Marriage.
Someone other than you, over the age of 18 will need to do the service and sign a proof of service which will need to be attached to the Response before it can be filed.
If your husband filed only for an annulment, unless he can prove that you defrauded him into entering the marriage, it is unlikely that he will be able to annul the marriage.
Unless your husband also checked the box for Dissolution of Marriage on his Petition, he would have to start the process over from the beginning if the Court denies his request to annul the marriage.
By responding to his Petition for Annulment with a Response requesting Dissolution of Marriage, you can proceed to dissolve the marriage in the same case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
ANSWER: Timely file and serve by mail a Response on form FL-120 requesting a Dissolution of Marriage.
Someone other than you, over the age of 18 will need to do the service and sign a proof of service which will need to be attached to the Response before it can be filed.
If your husband filed only for an annulment, unless he can prove that you defrauded him into entering the marriage, it is unlikely that he will be able to annul the marriage.
Unless your husband also checked the box for Dissolution of Marriage on his Petition, he would have to start the process over from the beginning if the Court denies his request to annul the marriage.
By responding to his Petition for Annulment with a Response requesting Dissolution of Marriage, you can proceed to dissolve the marriage in the same case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Sunday, May 15, 2011
WHAT SHOULD I DO IF MY SPOUSE ISN'T FINISHING OUR DIVORCE?
QUESTION: What should I do if my husband served me with divorce papers but is neglecting to finish it?
ANSWER: Don't be passive in a divorce. Consult with an experienced Family Law Attorney without delay and bring the papers you were served with to the consultation. You may lose important rights if you don't actively participate in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
ANSWER: Don't be passive in a divorce. Consult with an experienced Family Law Attorney without delay and bring the papers you were served with to the consultation. You may lose important rights if you don't actively participate in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Saturday, May 14, 2011
IS MY WIFE ENTITLED TO REIMBURSEMENT FOR HER DOWN PAYMENT ON OUR HOME?
QUESTION: Is the down payment on a home considered equal property in a divorce? In 1993, before my wife and I were married, we purchased a house together. She put in the $30K down payment. We got married in 1996. I've paid the mortgage the majority of the time during the marriage. Now we're getting divorced. My wife wants to know if the $30K she put in counts as something that was hers before the marriage and should still be hers. I'm thinking it's equal property because it was put into the house, which is mutual.
MY ANSWER: If the down payment on a community property home came from a party's traceable separate property, in a divorce, that party is entitled to reimbursement of the down payment.
There are complications due to your particular facts, but it is still likely that your wife would be entitled to reimbursement of her down payment.
Because the house was purchased before the marriage, it did not start out as community property. It started out as property of a partnership of you and your wife. The grant deed should reflect the way that you and your wife took title to the property.
If the Court were to treat the house as partnership property (of the partnership of you and your wife, since it was acquired prior to the marriage), the partnership agreement (if any there was) could affect how the Court divides the house ownership.
If there wasn't any written or oral partnership agreement, the Court may determine that there was an implied partnership agreement to equally own the home subject to reimbursement for separate property contributions, and reimburse each party for his/her contributions to the acquisition of the house, likely considering only principal amounts paid by each party on the mortgage and for improvements in determining the parties' respective reimbursement, and divide the balance 50/50.
Alternatively under that situation, if the Court were to find an implied agreement for proportional ownership, the Court might apportion ownership based on the percentage of each party's separate property contributions, but the contributions from either party's earnings to the paydown during the marriage would be allocated 50/50 to the parties, since both of their incomes were community property during the marriage absent a Premarital Agreement providing otherwise.
Unless you and your wife had a valid and enforceable Prenuptial Agreement making your respective earnings separate property of the earner, the income of either party during the marriage was community property, so the payments made on the mortgage (or at least the principal payments on the mortgage) diring the marriage would be credited 50/50 to each party.
If the Court treats the house as community property, if your wife's down payment is traceable to a separate property source (i.e., premarital funds of hers), Family Code Section 2640 provides that she is entitled to reimbursement from the house equity (or from the first sales proceeds of the house sale) before the balance is apportioned or divided (considering separate property and community property contributions to the acquisition and improvement of the house). Traceable paydown of principal by each party prior to the marriage would be subject to Section 2640 reimbursement.
Your payments on the mortgage during the marriage were made with community property earnings, so the fact that you made those payments is immaterial to your wife's Family Code Section 2640 reimbursement rights, and those payments would be credited to each party 50/50. Your wife and you would be entitled to Section 2640 reimbursement for her and your respective paydowns of principal before the balance of the property is divided 50/50.
If the house were refinanced during the marriage, the proceeds of the refinance loan would likely be held to be community property pursuant to the "GRINIUS" test, which looks to the intent of the lender as to whose credit the lender relied upon in granting the refinance loan (which in your case, would likely be community credit, to wit, income of either party).
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: If the down payment on a community property home came from a party's traceable separate property, in a divorce, that party is entitled to reimbursement of the down payment.
There are complications due to your particular facts, but it is still likely that your wife would be entitled to reimbursement of her down payment.
Because the house was purchased before the marriage, it did not start out as community property. It started out as property of a partnership of you and your wife. The grant deed should reflect the way that you and your wife took title to the property.
If the Court were to treat the house as partnership property (of the partnership of you and your wife, since it was acquired prior to the marriage), the partnership agreement (if any there was) could affect how the Court divides the house ownership.
If there wasn't any written or oral partnership agreement, the Court may determine that there was an implied partnership agreement to equally own the home subject to reimbursement for separate property contributions, and reimburse each party for his/her contributions to the acquisition of the house, likely considering only principal amounts paid by each party on the mortgage and for improvements in determining the parties' respective reimbursement, and divide the balance 50/50.
Alternatively under that situation, if the Court were to find an implied agreement for proportional ownership, the Court might apportion ownership based on the percentage of each party's separate property contributions, but the contributions from either party's earnings to the paydown during the marriage would be allocated 50/50 to the parties, since both of their incomes were community property during the marriage absent a Premarital Agreement providing otherwise.
Unless you and your wife had a valid and enforceable Prenuptial Agreement making your respective earnings separate property of the earner, the income of either party during the marriage was community property, so the payments made on the mortgage (or at least the principal payments on the mortgage) diring the marriage would be credited 50/50 to each party.
If the Court treats the house as community property, if your wife's down payment is traceable to a separate property source (i.e., premarital funds of hers), Family Code Section 2640 provides that she is entitled to reimbursement from the house equity (or from the first sales proceeds of the house sale) before the balance is apportioned or divided (considering separate property and community property contributions to the acquisition and improvement of the house). Traceable paydown of principal by each party prior to the marriage would be subject to Section 2640 reimbursement.
Your payments on the mortgage during the marriage were made with community property earnings, so the fact that you made those payments is immaterial to your wife's Family Code Section 2640 reimbursement rights, and those payments would be credited to each party 50/50. Your wife and you would be entitled to Section 2640 reimbursement for her and your respective paydowns of principal before the balance of the property is divided 50/50.
If the house were refinanced during the marriage, the proceeds of the refinance loan would likely be held to be community property pursuant to the "GRINIUS" test, which looks to the intent of the lender as to whose credit the lender relied upon in granting the refinance loan (which in your case, would likely be community credit, to wit, income of either party).
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Friday, May 13, 2011
DO I HAVE TO REFILE IF MY DIVORCE WASN'T FINALIZED?
QUESTION: Do I have to refile if my divorce was not finalized? Do I need to start from the beginning again or can I go to where I left off?
MY ANSWER: It depends upon whether or not the Court dismissed the case due to lack of prosecution, something that the Court is authorized to do if the case hasn't been resolved (by way of Judgment or Stipulated Judgment) within five years after the case was filed.
Typically, the Courts haven't been diligent in enforcing that 5-year rule, so there is a possibility that your case is still viable even if it is over five years old.
Check with the Court. If you case is still viable, you had better move quickly to complete it.
If you and your soon-to-be ex spouse file a stipulation to extend the five-year deadline, you can keep the case viable.
If you are past the five-year deadline and your spouse asks the Court to dismiss the case, the Court will dismiss the case.
The Court can dismiss the case of its own accord any time after the five-year deadline.
You can proceed under the existing case to bring the case to Judgment or Stipulated Judgment at any time before the case is dismissed, but you risk dismissal prior to Judgment if the case is over five years old.
You are not allowed to have two divorce cases pending at the same time.
If you refile after the case has been dismissed, the soonest that you could get a dissolution of your marital status would be six months after your spouse is served with the new case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: It depends upon whether or not the Court dismissed the case due to lack of prosecution, something that the Court is authorized to do if the case hasn't been resolved (by way of Judgment or Stipulated Judgment) within five years after the case was filed.
Typically, the Courts haven't been diligent in enforcing that 5-year rule, so there is a possibility that your case is still viable even if it is over five years old.
Check with the Court. If you case is still viable, you had better move quickly to complete it.
If you and your soon-to-be ex spouse file a stipulation to extend the five-year deadline, you can keep the case viable.
If you are past the five-year deadline and your spouse asks the Court to dismiss the case, the Court will dismiss the case.
The Court can dismiss the case of its own accord any time after the five-year deadline.
You can proceed under the existing case to bring the case to Judgment or Stipulated Judgment at any time before the case is dismissed, but you risk dismissal prior to Judgment if the case is over five years old.
You are not allowed to have two divorce cases pending at the same time.
If you refile after the case has been dismissed, the soonest that you could get a dissolution of your marital status would be six months after your spouse is served with the new case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Wednesday, May 11, 2011
HOW CAN A FATHER REUNIFY WITH HIS YOUNG SON?
QUESTION: What steps can a father take to get back into his son's life? My boyfriend has a 2-1/2 year old son. He hasn't been part of his son's life very much, due to difficulties with the mother. He always wanted to be part of his son’s life, but the mother wouldn't let him (constantly canceling visits, never calling him back...). What steps can he take to get back into his son's life? Thank you!
MY ANSWER: He should file and a Paternity suit, and seek custody and visitation rights through that case. He would best retain an experienced Family Law Attorney to file and represent him in that case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: He should file and a Paternity suit, and seek custody and visitation rights through that case. He would best retain an experienced Family Law Attorney to file and represent him in that case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Tuesday, May 10, 2011
WHAT SHOULD I DO AFTER BEING SERVED DIVORCE PAPERS?
QUESTION: What should I do after being served divorce papers? I have just been served papers and I need to know how to proceed from here.
MY ANSWER: You must file and serve a formal Response [Form FL-120]within 30 days after you were served. If there are issues of any significance (i.e., child custody, visitation, child support, spousal support, property division, allocation of debts, or attorney's fees) addressed in your spouse's Petition, or which should be addressed in the case, or if you don't know how to handle your own side of the case, you should at least consult, if not retain, an experienced Family Law Attorney to represent you in the divorce case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: You must file and serve a formal Response [Form FL-120]within 30 days after you were served. If there are issues of any significance (i.e., child custody, visitation, child support, spousal support, property division, allocation of debts, or attorney's fees) addressed in your spouse's Petition, or which should be addressed in the case, or if you don't know how to handle your own side of the case, you should at least consult, if not retain, an experienced Family Law Attorney to represent you in the divorce case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Monday, May 9, 2011
WHAT SHOULD I DO IF MY LAWYER MISSED THE PENSION PLAN IN MY DIVORCE?
QUESTION: Can I sue my lawyer if he missed the Pension plan in my divorce? My divorce lawyer did not catch the pension plan on my divorce. I will be out about 25K a year with no part of my ex's pension after 27 yrs of marriage. Can I sue the divorce lawyer for this?
MY ANSWER: You can, but a defense to legal malpractice is failure to mitigate your damages.
Your better move would be to seek and obtain your community interest in the Pension Plan, either via a Stipulation and Order between you and your ex-spouse to modify the Judgment and award your community interest in the Plan to you, or via a Motion to adjudicate an unadjudicated asset, either of which will require the preparation, entry into, ordering, and service on the Plan of a Qualified Domestic Relations Order (QDRO) awarding your community interest in the Plan to you. Typically, the parties divide the cost of preparation of the QDRO 50/50.
If your ex-spouse failed to disclose the Pension Plan in his/her Schedule of Assets and Debts (part of the Declaration of Disclosure documents required from each party for the Court to sign a Judgment), you may be entitled to additional remedies against your spouse via a "Feldman" Motion.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: You can, but a defense to legal malpractice is failure to mitigate your damages.
Your better move would be to seek and obtain your community interest in the Pension Plan, either via a Stipulation and Order between you and your ex-spouse to modify the Judgment and award your community interest in the Plan to you, or via a Motion to adjudicate an unadjudicated asset, either of which will require the preparation, entry into, ordering, and service on the Plan of a Qualified Domestic Relations Order (QDRO) awarding your community interest in the Plan to you. Typically, the parties divide the cost of preparation of the QDRO 50/50.
If your ex-spouse failed to disclose the Pension Plan in his/her Schedule of Assets and Debts (part of the Declaration of Disclosure documents required from each party for the Court to sign a Judgment), you may be entitled to additional remedies against your spouse via a "Feldman" Motion.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Sunday, May 8, 2011
WILL MOVING OUT OF STATE AFFECT MY DIVORCE RIGHTS?
QUESTION: What are my financial rights in a divorce if I move from our home and out of state pending divorce, and how do I protect my existing assets? There are no children.
MY ANSWER: Your financial rights don't change if you move out of state during a divorce.
However, your ability to handle your part of the divorce and/or to deal effectively with your spouse, your attorney, and the Court may be impaired if you move away during the divorce, so you should consider whether it is worth taking that risk in determining whether or not you move away before or during the divorce.
I don't know anything about you, your income, your spouse's income, your separate assets, the community assets, or the community obligations, so I am unable to assess your "financial rights", but you may have separate property and community property rights, spousal support rights, and other rights as well.
You should consult an experienced Family Law Attorney regarding the specifics of your marriage and your situation, to get an assessment of your "financial rights".
To protect your assets, you should retain an experienced Family Law Attorney to file, serve, and prosecute a divorce case on your behalf.
Once your spouse is served with the Summons in the Divorce case, the Standard Family Law Restraining Orders on the reverse side of the Summons will be binding on your spouse, including orders restraining your spouse from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without your written consent or an order of the Court, except in the usual course of business or for the necessities of life, and from cashing, borrowing against, canceling, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for your benefit.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: Your financial rights don't change if you move out of state during a divorce.
However, your ability to handle your part of the divorce and/or to deal effectively with your spouse, your attorney, and the Court may be impaired if you move away during the divorce, so you should consider whether it is worth taking that risk in determining whether or not you move away before or during the divorce.
I don't know anything about you, your income, your spouse's income, your separate assets, the community assets, or the community obligations, so I am unable to assess your "financial rights", but you may have separate property and community property rights, spousal support rights, and other rights as well.
You should consult an experienced Family Law Attorney regarding the specifics of your marriage and your situation, to get an assessment of your "financial rights".
To protect your assets, you should retain an experienced Family Law Attorney to file, serve, and prosecute a divorce case on your behalf.
Once your spouse is served with the Summons in the Divorce case, the Standard Family Law Restraining Orders on the reverse side of the Summons will be binding on your spouse, including orders restraining your spouse from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without your written consent or an order of the Court, except in the usual course of business or for the necessities of life, and from cashing, borrowing against, canceling, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for your benefit.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Friday, May 6, 2011
HOW DO I FIND A LAWYER WHO SPECIALIZES IN DIVORCE?
QUESTION: How do I find an attorney who specializes in divorce?
MY ANSWER: You can go on the State Bar website and search for Certified Family Law Specialists in your county, and call and interview them until you find one you feel comfortable dealing with.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: You can go on the State Bar website and search for Certified Family Law Specialists in your county, and call and interview them until you find one you feel comfortable dealing with.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Thursday, May 5, 2011
HOW DO I GET A DIVORCE?
QUESTION: How do I get a divorce? I want to get a divorce. What do I do?
MY ANSWER: The easiest and best (but not the cheapest) way to get a divorce and minimize your work and stress in getting a divorce is to retain an experienced Family Law Attorney to handle your divorce. If you can't afford an attorney, you should go to your local Superior Court's self-help clinic to obtain assistance in doing your own divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: The easiest and best (but not the cheapest) way to get a divorce and minimize your work and stress in getting a divorce is to retain an experienced Family Law Attorney to handle your divorce. If you can't afford an attorney, you should go to your local Superior Court's self-help clinic to obtain assistance in doing your own divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Wednesday, May 4, 2011
WHAT SHOULD I DO IF MY EX BUYS DRUGS FOR OUR DAUGHTER?
QUESTION: Can I keep my child from visiting her non-custodial parent? Can I keep my daughter from seeing her mother and/or press charges if she buys our daughter drugs? This is not the first offense for the mother. The Past incident involved alcohol at age 12.
MY ANSWER: You can't just violate existing custody or visitation orders which provide for visitation and/or custodial rights of the mother. You choices are to file an OSC to modify child custody and/or visitation (perhaps with an Ex Parte Application requesting that the Court suspend mother's custody or visitation pending hearing), to report the crime to the police, and/or to report the matter to Child Protective Services - with the real possibility that the Social Worker may institute Dependency Court proceedings. The results of those proceedings (Family Court, Criminal and/or Dependency Court) will likely provide a solution for the problem.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: You can't just violate existing custody or visitation orders which provide for visitation and/or custodial rights of the mother. You choices are to file an OSC to modify child custody and/or visitation (perhaps with an Ex Parte Application requesting that the Court suspend mother's custody or visitation pending hearing), to report the crime to the police, and/or to report the matter to Child Protective Services - with the real possibility that the Social Worker may institute Dependency Court proceedings. The results of those proceedings (Family Court, Criminal and/or Dependency Court) will likely provide a solution for the problem.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Tuesday, May 3, 2011
WILL A PRENUP PROTECT ME AGAINST MY FIANCE'S PREMARITAL DEBTS?
QUESTION: Will a prenup protect me from my upcoming spouse's judgments, tax obligations or other debt that he had prior to the marriage?
MY ANSWER: It may protect you to some extent, depending upon its provisions.
However, you need to be aware of additional things that you should do to insulate you from your fiance's liabilities.
Protect your earnings and income by deposting them into a separate bank account under your sole name to which your husband has no right of access, and don't commingle community funds or your husband's income (which would be community property absent a Prenuptial Agreement making his income his separate property) in that account.
Community property of you and your husband would be vulnerable to your husband's premarital liabilities, so you may want the Prenuptial Agreement to opt out of the community property system and convert acquisitions during the marriage into your sole and separate property.
Do not commingle separate property and community property.
Discuss, with your Premarital Agreement lawyer, your desire for protection from your husband's premarital judgments, tax obligations, and debt, so that the lawyer can draft the Premarital Agreement with that protection in mind.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: It may protect you to some extent, depending upon its provisions.
However, you need to be aware of additional things that you should do to insulate you from your fiance's liabilities.
Protect your earnings and income by deposting them into a separate bank account under your sole name to which your husband has no right of access, and don't commingle community funds or your husband's income (which would be community property absent a Prenuptial Agreement making his income his separate property) in that account.
Community property of you and your husband would be vulnerable to your husband's premarital liabilities, so you may want the Prenuptial Agreement to opt out of the community property system and convert acquisitions during the marriage into your sole and separate property.
Do not commingle separate property and community property.
Discuss, with your Premarital Agreement lawyer, your desire for protection from your husband's premarital judgments, tax obligations, and debt, so that the lawyer can draft the Premarital Agreement with that protection in mind.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Monday, May 2, 2011
CAN I REVOKE OUR MEDIATION AGREEMENT?
QUESTION: Can I revoke our mediation agreement if I no longer agree? The judge has not signed it because we have a court date coming up. I believe that I should have full custody, since the father of my kids has no residence, we live in different counties, and dad only gets the kids 4 days out of the month. He lied to the court about where he lives and about working. His work and income are under the table. I really want to revoke the agreement and let the judge hear our case.
MY ANSWER: Whether you can change the terms of your mediation agreement is dependent at least in part on the terms of the mediation agreement and when and where the mediation agreement was entered.
If the Mediation Agreement was a Los Angeles Superior Court Conciliation Court Agreement and Stipulated Order re Custody and Parenting Plan, in order to revoke that Agreement, you would need to FAX or mail a written objection to that Agreement to the Supervisor of Family Court Services before the date of the next scheduled hearing or no later than 10 days from the date of entry into that Agreement, whichever occurs first. Other counties have their own rules regarding whether or not you can back out of a Mediation Agreement, and if so, the deadline for doing so.
If the time limit for objection has already passed, you can still try to object to the mediation agreement at the time of the hearing.
If you have just gotten "cold feet" after entering the Agreement, that would likely not provide grounds for the Court to set aside the Agreement.
If you have no admissible evidence regarding the father's income or earnings, the fact that you know or believe that the father lied to the Court about his income does not provide any basis for modifying the existing Child Support Order.
If you just learned since the time the Mediation Agreement was entered that the father has no residence or lives in a different county from the place where he claimed to live, you should bring that to the Court's attention. If you knew those facts at the time you entered into the agreement, you may have a harder time trying to persuade the Judge to change any order that was based on the Mediation Agreement.
Your question implies that the Mediation Agreement provides that the father has the children four days a month, and that there had been a prior hearing where the father lied to the Court about his work and income. Since you didn't set forth the specific terms of the Mediation Agreement, the specific orders that you want to change, or the specific orders that you want the Court to make, I am unable to further comment on your issues.
You would best retain an experienced Family Law Attorney to represent you in child custody and child support proceedings with the father.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER: Whether you can change the terms of your mediation agreement is dependent at least in part on the terms of the mediation agreement and when and where the mediation agreement was entered.
If the Mediation Agreement was a Los Angeles Superior Court Conciliation Court Agreement and Stipulated Order re Custody and Parenting Plan, in order to revoke that Agreement, you would need to FAX or mail a written objection to that Agreement to the Supervisor of Family Court Services before the date of the next scheduled hearing or no later than 10 days from the date of entry into that Agreement, whichever occurs first. Other counties have their own rules regarding whether or not you can back out of a Mediation Agreement, and if so, the deadline for doing so.
If the time limit for objection has already passed, you can still try to object to the mediation agreement at the time of the hearing.
If you have just gotten "cold feet" after entering the Agreement, that would likely not provide grounds for the Court to set aside the Agreement.
If you have no admissible evidence regarding the father's income or earnings, the fact that you know or believe that the father lied to the Court about his income does not provide any basis for modifying the existing Child Support Order.
If you just learned since the time the Mediation Agreement was entered that the father has no residence or lives in a different county from the place where he claimed to live, you should bring that to the Court's attention. If you knew those facts at the time you entered into the agreement, you may have a harder time trying to persuade the Judge to change any order that was based on the Mediation Agreement.
Your question implies that the Mediation Agreement provides that the father has the children four days a month, and that there had been a prior hearing where the father lied to the Court about his work and income. Since you didn't set forth the specific terms of the Mediation Agreement, the specific orders that you want to change, or the specific orders that you want the Court to make, I am unable to further comment on your issues.
You would best retain an experienced Family Law Attorney to represent you in child custody and child support proceedings with the father.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Sunday, May 1, 2011
CAN MY WIFE GET ALIMONY IF SHE EARNS MORE THAN I DO?
INQUIRER'S QUESTION: My wife abandoned me and our marriage, filed for divorce, and is asking for alimony. Can she get alimony if she makes more money than me? How can she sue me for alimony when she makes more money than I make?
MY ANSWER:
Your wife can request Spousal Support (Alimony) in her Petition, but that does not guarantee that the Court will award Spousal Support to her.
Since your wife earns more than you earn, you should request Spousal Support in your Response.
Whether you or your wife will be entitled to temporary or permanent Spousal Support will depend upon certain specific facts - Temporary Spousal Support would be per your county's temporary Spousal Support Guidelines, which are based on your income and her income, and permanent Spousal Support would be based on the factors addressed in Family Code Section 4320.
If your wife earns significantly more than what you earn, you may be entitled to an award of Attorney's fees.
You should promptly consult an experienced Family Law Attorney regarding your divorce case to ensure that you timely file a proper Response to the Petition (among other things), and you would best retain an experienced Family Law Attorney to represent you in your divorce case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY ANSWER:
Your wife can request Spousal Support (Alimony) in her Petition, but that does not guarantee that the Court will award Spousal Support to her.
Since your wife earns more than you earn, you should request Spousal Support in your Response.
Whether you or your wife will be entitled to temporary or permanent Spousal Support will depend upon certain specific facts - Temporary Spousal Support would be per your county's temporary Spousal Support Guidelines, which are based on your income and her income, and permanent Spousal Support would be based on the factors addressed in Family Code Section 4320.
If your wife earns significantly more than what you earn, you may be entitled to an award of Attorney's fees.
You should promptly consult an experienced Family Law Attorney regarding your divorce case to ensure that you timely file a proper Response to the Petition (among other things), and you would best retain an experienced Family Law Attorney to represent you in your divorce case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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