Saturday, March 31, 2012

WHAT FORMS NEED TO BE SENT TO COURT IN RESPONSE TO A DIVORCE SUMMONS?

QUESTION: My wife and I were married 3 months before we separated. We have no combined assets or debt, no children, and never shared a residence. We filed the divorce paperwork, and I was "served" my summons. We both agree there is no assets or debts to be distrubuted by the court. Besides the proof of service, which has beem returned to the court by the person who served me, and my response, form fl-120, are there any other forms that must be filed? Do we need to provide a financial disclosure, schedule of assets and debts, or others?

MY RESPONSE: It would have been far easier and faster if you had filed a joint Summary Dissolution of Marriage. In a regular marital dissolution, each party is required to file a preliminary and a final Declaration of Disclosure, along with the requisite Income and Expense Declaration and Schedule of Assets and Debts - the final Declaration of Disclosure can be omitted if the parties sign and file a Waiver of Final Declaration of Disclosure. Additional forms that need to be filed in a regular marital dissolution include a Judgment, a Notice of Entry of Judgment, an Appearance Stipulation and Waivers form, and a Declaration re Default or Uncontested Dissolution. You might consider filing a joint Summary Dissolution Action with your wife, and dismissing the regular marital dissolution action, if you want to simplify the process and avoid the ordeal.

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 |

WHEN DOES THE DIVORCE 6-MONTH COOLING-OFF PERIOD BEGIN?

QUESTION: I need help clarifying a CA divorce question, in regards to when the 6 months cooling-off period begins and the final divorce date. My husband had the papers served on me and I signed them Jan 16, 2012. He filed that and the court stamped the acknowledgement on Jan 30, 2012. He has filed for default, since I was unable to file a response due to money and distance issues and we have no assets or bills to divide. We haven't lived together in over 2 years, although we never filed for legal separation. What date does the court acknowledge as the start date for cooling off? The CA website says the day I signed, Jan 16, but my ex says it is 6 months from the date the court received the paper, Jan 30. Any insight you can provide would be greatly appreciated. Thanks!

MY RESPONSE: It is 6 months from the date of service, which was the date you signed the Notice and Acnkowledgment of Receipt of Service. The fact that it took your husband some time to file that document does not change the start date of the 6 month period, so long as the signed Notice and Acknowledgment of Receipt of Service along with its accompanying Proof of Service by Mail is filed with the Court Clerk.

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 |

DO I LOSE MY HEALTH INSURANCE WHEN A LEGAL SEPARATION IS GRANTED?

QUESTION: My husband files for legal separation rather than divorce, will I still be on his work health insurance for the six month waiting period or do I loose my health insurance immediately upon the granting of the legal separation? Thank you.

MY RESPONSE: You remain married to your husband when the Court grants a Judgment of Legal Separation, and afterwards, until the Court dissolves the marriage pursuant to a Judgment of Dissolution of Marriage (for which a separate Divorce case must be thereafter filed and prosecuted to judgment). Remaining married to your husband means that you remain eligible to receive health insurance benefits through his employment.

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 |

CAN MY SON FILE AN INJUNCTION TO KEEP HIS FORMER SPOUSE FROM MOVING OUT OF STATE WITH THEIR CHILDREN?

QUESTION: Can my son file an injunction against his former spouse to keep her from taking their children and moving out of state? Her intention to move is not job-related, nor has she remarried. My son informed her that he would file a court order if she left, but she's determined to go anyway.

MY RESPONSE: He can file an Order to Show Cause to modify Child Custody and/or for orders enjoining his ex-wife from moving the children out of state.

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 |

CAN I MOVE OUT OF STATE WITH MY SON?

QUESTION: My ex and I never married, and there is nothing involving the courts. He does not financially support our 4 year old and picks him up for visitations 3 or 4 days month. He never calls or communicates with him. Now, I want to move to Colorado with my family so I can have the support and get a job. I now receive a death benefit from my deceased husband that was in the marine corps. And I also get medical for my son as well. After I informed him that I wanted to leave he said that I couldn't. Does he have a say? Can we get sent back?

MY RESPONSE: If you move to Colorado, do so before any case is filed. Once your son has lived in Colorado for 6 months, Colorado will be his "home state" for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.

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 |

HOW DO I START A DIVORCE AFTER MY SPOUSE CHEATED ON ME?

QUESTION: How do I start the divorce process? I'm considering getting a divorce because my spouse is cheating.

MY RESPONSE: The easiest way to start the divorce process is by retaining an experienced Family Law Attorney to handle the process for you. If you can't afford to retain an attorney, you should at least consult with an experienced Family Law Attorney to determine whether you would qualify for an Attorney Fee Order payable by your spouse. You could consult a volunteer attorney at your local Superior Court's self-help clinic if you want to prepare and file and prosecute a divorce case yourself. California has "no-fault" divorce, in which anybody can divorce his/her spouse based on "irreconcilable differences". The fact that your spouse has cheated on you has obviously caused an irreconcilable difference that is leading to an irremediable breakdown of the marital relationship.

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 |

WHAT CAN I DO TO GET FULL CUSTODY IF THE FATHER DOES DRUGS?

QUESTION: My ex and I were fighting for my child and we agreed in court that he was going to have him for every other day, but I found out he does drugs and drinks. What can I do to get the full custody?

MY RESPONSE: Hopefully, your source of information is not inadmissible hearsay. You would best retain an experienced Family Law Attorney to evaluate and obtain evidence and to file and prosecute an OSC on your behalf.

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 |

IS MY NEW WIFE’S INHERITANCE OR SETTLEMENT SUBJECT TO MY CHILD SUPPORT OBLIGATION?

QUESTION: If I owe back child support and my current wife is going to be receiving a settlement or an inheritance, can child support take it from her?

MY RESPONSE: No. Your subsequent wife is not liable for your child support obligation arising out of another relationship. However, your wife should not commingle her settlement or inheritance funds with your funds or community funds. She should keep those funds in a separate account in her sole name, to which you have no access and to which you don't deposit funds.

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 |

WHAT CAN BE DONE IF I AM NOT NAMED ON THE DEED OF TRUST?

QUESTION: I am contemplating a divorce and currently am not on the deed of trust of my husband's house. Can my husband add me to the deed of trust on this house without my knowledge or consent?

MY RESPONSE: The more pressing concern is if you are not named on a Grant Deed, Interspousal Transfer Deed, or Quitclaim Deed, providing you a share of ownership of the house. The Trust Deed is a document which secures a loan against the property. If you weren't named on the Trust Deed, you likely are not a borrower on the loan, and you likely aren't an owner of the house. For you to be named on the Trust Deed as a borrower, you would have had to sign the loan application to be liable on the loan.

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 |

CAN SOMEONE BE ADDED TO A DEED OF TRUST WITHOUT THEIR CONSENT OR KNOWLEDGE?

QUESTION: Can I be added to a deed of trust without my consent or knowledge?

MY RESPONSE: Likely not. To be named on a Deed of Trust, you would have had to be a borrower of monies secured against the property, and you would have to sign and acknowledge (have your signature notarized on) the Deed of Trust. The Deed of Trust would secure the lender's interest against the property. If you are not an owner of the property, you likely would not have been a borrower of funds secured by the property.

On the other hand, you can be added without your knowledge to title of property by a Grant Deed, Quitclaim Deed, or Interspousal Transfer deed, signed, acknowledged and recorded by the owner of the property.


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 |

IF THE HUSBAND IS ABUSIVE, CAN A DIVORCE BE EXPEDITED TO TAKE LESS THAN 6 MONTHS?

QUESTION: My friend’s husband is currently deployed but before he deployed he was always abusive and disorderly towards his wife and the kids they have. He's caused nothing but trouble towards her, he's cheated on her several times, and currently as he's deployed he refuses to give her money. Is there anyway to get a divorce within at least a month?

MY RESPONSE: No. The earliest time that the marriage could be dissolved would be six months after the husband was served. If he is in the military, he could possibly delay the divorce due to legislation protecting military servicemembers on active duty.

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, March 19, 2012

SHOULD WE GET A PRENUPTIAL AGREEMENT?

QUESTION: My fiance and I are wondering if we should obtain a prenuptial agreement. He pays lifetime spousal to his ex and we are concerned that once we are married, she may take him back to court for an increase in her payments (both because the child support ends at that time & out of resentment of our marriage) and concerned that the judge will adjust her payments based on our combined income. We were advised to obtain a pre-nup stating that each of our incomes are our own to prevent this. Is this correct information?

MY RESPONSE: No, that information you received is incorrect. The Court will not increase your prospective husband's support obligation based on your and his combined income. If that worry was the only reason that you and he contemplated entering into a Premarital Agreement, no Premarital Agreement would be needed.

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 |

DOES THE PETITIONING PARENT HAVE THE UPPER HAND IN CHILD CUSTODY?

QUESTION: Is it true that the parent petitioning for divorce first has the upper hand in gaining custody of the children?

MY RESPONSE: No, or at least not necessarily. Custody determinations are based on factors relevant to the quality and quantity of parenting of the respective parties, as well as their relationships with the children and each other. However, there are a few minor benefits that the Petitioning party obtains by filing and serving first, including the ability to plan in advance and getting the first and last argument at trial.

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 |

HOW MUCH CAN A PETITIONER GET IN A DEFAULT DIVORCE?

QUESTION: Can a petitioner in a divorce default judgement get more than 50% of documented community property assets or will the judge split total community assets in half?

MY RESPONSE: On a default, the court would follow the law and order the net community assets (which are disclosed to him/her) to be equally divided between the parties. If your disclosure to the court omits assets or undervalues or overvalues assets, the other party could file a Motion to adjudicate unadjudicated assets, or could, within the time limits set forth in Family Code Section 2122, file a Motion to set aside the Judgment or a portion of the Judgment.

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 |

AM I ENTITLED TO SPOUSAL SUPPORT AFTER A 2-1/2 YEAR MARRIAGE?

QUESTION: After two and a half years of marriage, can a person receive spousal support if the person in need doesn't have a job and the other does and was the one supporting?

MY RESPONSE: Yes, for a period equal to 1/2 the duration of the marriage to time of separation.

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 |

HOW AND WHEN DO I CALCULATE MY MOORE-MARSDEN INTEREST?

QUESTION: This is a Calfornia Divorce: I was married with four children and then my husband and two of our four children passed away. I then obtained full ownership of the mortgaged property for me and two children. In 1996, I remarried and two days before doing so, closed on a refinance - my name only. The value at the time was $270,000. Two days later, I married. On 8/2000 I added my new spouse to the title and refinanced as I couldn't qualify alone. We are now divorcing and he's being very mean, wanting me to sell, stripping me of everything because I filed for divorce. I didn't want to but there is significant mental abuse that just doesn't stop. Any way, through refinance proceeds we remodeled a few areas in the home. Neither of us ever used funds earned during in the marriage to improve it, only refinance money. He is a contractor by trade and made the improvements. Key points regarding Moore-Marsden: 1) In the entire time of marriage, there's been 3 to 4 refinances that were each "Interest Only" loans and therefore there's never been a principal reduction;2) Further, in an attempt to secure current value of the property, I found that the "improvements" made were without "permits" and therefore have a negative effect on the value of the property. I trusted that in his 28 years as a contractor he was doing all the right things. Originally, it was a 3 bedrooms per the record but it can now only be counted as a 2 bedrooms and therefore has created Functional Obsolescence. The cost is too great to revert back. That puts the value generously, at max $500,000. In my understanding of Moore Marsden, because there were no principal reductions, Moore-Marsden calculation wouldn't apply. Is that correct, given these circumstances? Further, although we were married, could he claim sweet equity since he did the work and therefore Moore-Marsden is used? If the Moore - Marsden calculation is required, at what point should I calculate?

MY RESPONSE: Moore-Marsden calculations are utilised where the property remains a party's separate property after marriage, but community funds (such as earned income) are used to pay down the mortgage or improve the property. When you added your husband's name to title, you most likely converted your property to community property, subject to Family Code Section 2640 reimbursement of traceable separate property contributions that you put into the property, comprising your separate property share of the equity in the property at the time you converted the property to community property (you will need an appraisal based on comps at or about that date), plus any other separate property contributions that you put into the property after the conversion to community property. Refinance proceeds may be considered to be community property if the lender relied on the incomes of the parties (or either party) as opposed to the equity in the home in granting the refinance loan(s), pursuant to the holding in Marriage of GRINIUS. You will also need a Moore-Marsden calculation and expert appraisals for the pre-conversion community share, based on mortgage principal paydown (if any) and improvements made during the marriage before the conversion to community property. You would best retain an experienced Family Law Attorney to represent you in the divorce and/or retain a Forensic Accountant to obtain documents and information to enable him to evaluate the community and separate property shares in the property.

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, March 4, 2012

CAN PARENTAL RIGHTS BE REGAINED AFTER THEY ARE LOST?

QUESTION: If my parental rights are lost, what can I do to gain them back?

MY RESPONSE: Timely appeal is likely the only way you could possibly regain your parental rights, and your chances of prevailing on appeal depend upon whether the trial court committed reversible error at trial. You would best seek the services of an experienced Family Law Appellate Attorney without delay.

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 |

IS IT TOO LATE TO GET COURT-ORDERED SPOUSAL SUPPORT AFTER A DIVORCE IS FINAL?

QUESTION: I was married in California for 17 years then got divorced in 2009. Spousal support was agreed upon outside of court. Is it too late to file for court appointed spousal support? I did not work outside of the home and have no formal education. It is taking me longer than anticipated to establish myself financially and education wise. I'm worried about my future. Our agreement is for 5 years, 1k a month, which ends in 2015. Can i get a court ordered spousal support ?

MY RESPONSE: Possibly, if you didn't waive your right to spousal support in a Stipulated Judgment or MSA. You would best retain the services of 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 |

CAN MY DAUGHTER GIVE GUARDIANSHIP OF HER SON TO ANYBODY SHE WISHES?

QUESTIONl: My daughter is getting ready to do some jail time and I want guardianship of my grandson while she is incarcerated. I heard she is going to give guardianship to her boyfriend and she knows I want to take care of him while she is gone. I feel that he would not do a good job of taking care of him. Can my daughter just let him have my grandson even though I want him. He is not his biological father.

MY RESPONSE: Guardianship is established by the Court, not by agreement. If you want guardianship of your grandson, you should file a guardianship case 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 |

HOW CAN I GET CHILD SUPPORT WITHOUT NOTIFYING THE FATHER?

QUESTION: Can a woman get a child support order without notifying the father of the existence of the child?

MY RESPONSE: The woman needn't personally notify the father, but the father would need to be served with the appropriate filed paperwork in either a Paternity case or a Child Support Agency case seeking to establsh Paternity and obtain Child 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 |

CAN A NON-CUSTODIAL FATHER CLAIM HIS CHILD AS HIS DEPENDENT FOR INCOME TAX PURPOSES?

QUESTION: My boyfriend and I separated but not married. We had a 3 yr old son. Now my ex wants to file tax and wants to claim our son as his dependent since I'm currently unemployed and he said because he is still the father and he pays child support. But I am the custodial parent. Is that possible that he can do that?

MY RESPONSE: If your former boyfriend is paying the majority of your son's support expenses, it is appropriate that he gets the dependency exemption for your son, especially since you are unemployed - making that exemption essentially worthless to you, but valuable to your former boyfriend. If there is a pending Paternity case, you and he could prepare a Stipulation and Order providing that when you become re-employed, you would get the dependency exemption back, requiring your former boyfriend to promptly provide you a dated and signed IRS form 8332 upon your providing him written notice of your re-employment, so that you can again claim the dependency exemption for your son.

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 |

SHOULD I PUT THE FATHER’S NAME ON THE BIRTH CERTIFICATE?

QUESTION: I am 19 and 23 weeks pregnant. I got pregnant after dating the father for four months, and we are not together now. The father is completely irresponsible and immature and nowhere near ready to take on the responsibilities of having a child. Ever since I found out I was pregnant I have documented every text him and I have exchanged [this is the most common way we communicate] to have as proof that he is unstable and not ready for the challenges to come. The father will not make any efforts to even get a job to support the child; he is more interested in partying. I have recently been considering not putting his name on the birth certificate because I feel that it is in the baby's best interest for the father to not have the same rights as if his name were on it. I understand that he can take it to court and get a paternity test and prove that he is the father in the future but due to his lack of motivation right now, I doubt that he will do that. I feel that by putting his name on the birth certificate I am giving him a free ticket to be the father and have all the rights of the father when he will not help out as a true father would. Also, I believe that if he really wanted to take on the challenges of parenthood then he will take his time to go through the paternity testing. Should I put the father's name on the birth certificate?

MY RESPONSE: It probably won't make much difference, but you are not required to put the father's name on the birth certificate if you choose not to.

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 |

CAN I DEDUCT MY SPOUSE’S DEBT TO ME FROM MY ALIMONY PAYMENT?

QUESTION: My ex owes me money. I pay him alimony. Can I deduct the amount from the money I have to pay him? My ex is refusing to pay me $850 dollars he owes me. May I deduct the money from the alimony I was ordered to pay him at our divorce? If, not, what is my recourse?

MY RESPONSE: You should not deduct the debt from the Spousal Support that you were ordered to pay to your ex - to do so would risk Contempt of Court proceedings, interest accruing on the unpaid Spousal Support, and a possible attorney's fee order. To collect the debt, you would best file a Small Claims case for the debt, and once you get a judgment, apply for a writ of execution and have the sheriff levy the writ on your ex's bank account. Best not to lend money to your ex in the future.

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 |

WHAT CAN I DO IF MY EX INSISTS ON DICTATING WHERE I CAN SEE MY CHILDREN?

QUESTION: My ex will only let me see my child in my grandmother's house where I used to live but I have now moved to a different area and want to bring the child there. She has been difficult since we broke up and violent and controlling. I am currently trying to gain access through court. She and her family have threatened my wellbeing so I have moved away. Can she dictate where I see the child even if it is in my own house?

MY RESPONSE: If you have (or receive) an unrestricted child visitation order, you can visit the children wherever you choose to visit them. If their mother fails to give you access to the children on a court-designated visitation day at the court-designated time, you can file an Order to Show Cause in re Contempt against the mother and/or file an Order to Show Cause to modify Child Custody based on their mother's failure and refusal to allow you unfettered frequent and continued contact with the children. If your ex has threatened you with physical harm, you may qualify for Domestic Violence Restraining Orders, and if you succeed in obtaining such orders, it could assist you in getting a modification of Child Custody. You would best retain or at least consult with an experienced Family Law Attorney regarding your matter.

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 |