WHAT CAN I DO IF MY EX-BOYFRIEND WON’T ALLOW ME TO MOVE OUT OF STATE WITH OUR CHILD?

QUESTION: I am currently looking for work in California. I have support in the amount of 300 a month for our son. His father currently owes 600 in support. He withheld it because he was angry with me. I have been offered a place to stay with my sister & free daycare 3 days a week until I can get back on my feet. She lives in Colorado. My ex frequently takes our son to Mexico without my consent during his visitation. I\\'m tired of his games & want a better life for my son. Can he keep me in CA? There are no court orders.

MY RESPONSE: If there are no restraining orders restraining you from taking your son to Colorado, and you can't afford to stay in California (especially because dad withheld child support), there is nothing keeping you from making your move (or temporary move). Dad could bring a Paternity case against you in California within six months of your move, and if he does so, the case will take place in California. You would not be able to bring a Paternity case against Dad in Colorado until your son has lived in Colorado for six months. If you move to Colorado, you should let Dad know where the child lives and give Dad at least telephonic access to your/his son, if not allow Dad to visit with your/his son in Colorado, to avoid claims or criminal charges of parental kidnapping. However, by giving him that notice, you will be giving Dad the ability to serve you with a Paternity case filed in California.

DO I HAVE TO REVEAL MY RESIDENCE TO MY TROUBLESOME EX BOYFRIEND?

QUESTION: Never married. Domestic violence but never pressed charges. Father hasn't worked for years. Follows me around. Threatens if I don't answer phone calls or text. Shows up randomly. History of substance abuse but accuses me. Says he has my phone tapped. Puts crazy thoughts in my sons head. Harasses anyone in my life. Pretends to be the good guy. I've worked whole time. I Recently lost my job. He wants to know where I'm at who I'm with or he threatens to take my son.

MY RESPONSE: No, in your situation, but you should retain an experienced Family Law Attorney to represent you in you to seek Domestic Violence Restraining Orders and Child Custody orders against your ex-boyfriend. The facts that you state should be sufficient to persuade the Court to issue those restraining orders and to permit you to keep your whereabouts confidential. If your ex-boyfriend seeks visitation, you should request that the Court order that the visitation be Supervised visitation by a Professional Monitor, at a "safe" location.


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 LEGAL FOR MY EX-WIFE TO CHANGE MY BANK ACCOUNT PASSWORD?

QUESTION: My wife or soon to be ex wife accessed my online bank account by answering my online security questions to reset the password without my consent; is this illegal?

MY RESPONSE: She may not have done that legally, but she had the power to do that, i.e., she did that. To the extent of funds in that account which were earned during the marriage prior to separation, those funds were community property. To the extent of funds in that account which were earned by you subsequent to separation, those funds were your separate property. You should close out that account and open up a new account (perhaps at a different bank) with a different password and different security questions, the answers to which she would not know. The divorce court might consider your wife's conduct similar to the conduct in Marriage of Nadkarni which resulted in Domestic Violence Restraining Orders against a party who had hacked into the other party's e-mail account.


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 GET MY CAR BACK FROM MY EX-BOYFRIEND?

QUESTION: My ex-boyfriend (never married) took a car that's under my name. I have the registration but I can't find the pink slip. Could I just go to his house and ask for the keys to get the car(car isn't running)? I know he won't let me, so could I take him to court? What documents would I need?

MY RESPONSE: Get a duplicate pink slip from the department of motor vehicles. If the equity in the car is under $10,000, sue him in Small Claims Court for return of the car, and alternatively, for its value.

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 BE SURE MY CHILD SUPPORT OBLIGATION WILL TERMINATE UPON THE ADOPTION OF MY CHILD?

QUESTION: I need to make sure I protect myself from any future possible trouble and obligations. The standard state form of California is one-sided and doesn't say anything about stopping child support obligations. How can I be sure that my child support obligation will end when my child is adopted?

MY RESPONSE: The Consent for Adoption is a State form which the Social Worker provides to the parent who is giving up his parental rights to allow the adoption to go forward. Once the adoption is completed, your child support obligation should terminate, since you will no longer be considered the parent of the child. If there is an existing order requiring you to pay child support, you might negotiate with the custodial parent a separate Stipulation and Order either reducing your child support obligation to zero forthwith, or terminating your child support obligation, to be filed upon the completion of the adoption.


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 SHOULD I DO TO PROTECT MYSELF FROM MY HUSBAND'S VIOLENCE?

QUESTION: My husband has been using drugs & has become physically, mentally, financially abusive. Police visits have become very common in our home, but he was always gone by the time they arrived. Many officers told me to leave so they wouldn't have to attend funeral. He has a lengthy record. Recently, a neighbor phoned the police because he saw my husband chasing me with metal pipe. He screamed obsceneties at the neigbor when the neighbor told my husband to stop. My husband is becoming more and more violent. What can I do to protect myself?

MY RESPONSE: Leave - separate immediately, and file a divorce and seek domestic violence restraining orders against your husband. 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 |

HOW DO I KNOW IF MY SPOUSE HAS ALREADY FILED FOR DIVORCE?

QUESTION: My spouse and I have been separated for a long time. I would like to file for divorce, but I'm not sure if she has already. Is there a way to figure this out? How would I proceed if she already filed for divorce and I haven't gotten any paperwork yet?

MY RESPONSE: Don't wait for the hatchet to fall. File a divorce case and have your wife served. The operative case will be the case in which service is made first.

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 A FATHER HAVE TO PAY CHILD SUPPORT IF HE GIVES UP ALL RIGHTS TO THE CHILD?

QUESTION: My boyfriend has a 6 year old child, as of now he pays 200 a month to his ex. He is not on the birth certificate and never sees the child and has no bond with the child. He can barely make ends meet. If he gives up all rights to the child, does he still have to pay child support?

MY RESPONSE: Yes. The law doesn't allow a father to abandon his child financially. In fact, if he has no visitation or custody, his child support will be higher than it would be if he had some visitation or custody, since child support is based on each party's income and the custodial timeshare.


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 THERE A STATUTE OF LIMITATIONS FOR ALIMONY IN CALIFORNIA?

QUESTION: My divorce was less than 2 years ago, adultery was the reason for the end of my 23 year marriage . Difficult time in my life, but want more information on who and what is entitled to. Can I seek alimony now?

MY RESPONSE: Whether or not you have any right to Spousal Support depends on how (or if) Spousal Support is addressed in the Judgment. If there was a waiver of Spousal Support, you won't be able to return to court to seek Spousal Support. If Spousal Support was not addressed in the Judgment, or of the Judgment reserved Spousal Support jurisdiction, you may be able to seek Spousal Support based on Family Code Section 4320 factors. If you were awarded Spousal Support in the Judgment, you can seek to enforce Spousal Support - there isn't a statute of limitations on enforcement of Spousal Support, but if you don't seek to enforce Spousal Support, the lapse of time plus prejudice to the other party could support a defense of Laches - but that is unlikely if you seek enforcement two years after Judgment was entered.

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 FILE A DISMISSAL WITH PREJUDICE OF A LEGAL SEPARATION?

QUESTION: I had an attorney, and we filed a dismissal of a legal separation without prejudice. I want to change that to a dismissal with prejudice and I want to do it myself. Can it be done?

MY RESPONSE: You shouldn't (and probably wouldn't be allowed by the Court to) dismiss a Legal Separation action with prejudice. The term "with prejudice" means that you couldn't later seek a Legal Separation. I can’t conceive of any reason why you wouldn’t want that opportunity to be available to you in the future. You should be free at any later time to seek any equitable remedy to end or otherwise deal with a dysfunctional marriage without being barred by a dismissal with prejudice, so it is doubtful that the Court would allow you to dismiss your Legal Separation action with prejudice. Either party can seek a Legal Separation or a Divorce through the Court; the responding party can turn a Legal Separation case into a Divorce case, in which case it will proceed as a Divorce case. If the case has been dismissed without prejudice, it is already dismissed and you can't have your case re-dismissed after its dismissal.

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 LONG SHOULD I WAIT AFTER MY DIVORCE TO REMARRY?

QUESTION: I want to know if I can remarry, now that my divorce is already effective.

MY RESPONSE: Yes - if your divorce Judgment has been entered by the Court, with an effective date that has already passed, you are free to remarry at any time. You needn't wait.

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 HAPPENS IF MY SPOUSE FAILS TO RESPOND TO A DIVORCE SUMMONS?

QUESTION: I have served my husband with the divorce paper work and child support and my understanding is that he has 30 days to respond. My question is what happens if he doesn't respond, what would the next step be? What happens?

MY RESPONSE: A party is not allowed to serve documents in his/her own case. Assuming that the service was properly done by somebody else, over the age of 18, your next step, if your husband fails to respond within 30 days of service (and you should wait another week to ensure that he failed to do so, considering possible mail delays), your next step would be to seek to have the Court enter your husband's default. You would best retain an experienced Family Law Attorney to represent you 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 |

IS A P.I. SETTLEMENT CONSIDERED COMMUNITY PROPERTY?

QUESTION: In a divorce, is a personal injury settlement considered community property?

MY RESPONSE: It can be considered to be either separate property of the injured party or a combination of separate property and community property in certain proportions. It is a fact-driven determination to be made by the judicial officer at trial based on evidence presented to the Court regarding, among other things, the date of the injury compared with the date of separation, loss of earnings during the marriage, loss of future earning capacity, pain and suffering, health care expenses incurred and/or paid during the marriage, anticipated health care expenses that will be incurred after separation, and other factors.

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 STOP MY EX SPENDING CHILD SUPPORT ON HERSELF?

QUESTION: I am currently paying money to the county because my ex has our kids on cash aid. We have 50/50 custody but I work and she doesn't so I was told that I will have to pay as long as she has them on cash aid. She doesn't receive any money personally - just for the kids - yet she spends all the money on herself. My kids never have nice clothes on and last week showed up in shoes with holes at the bottom. Is there anything I can do to change this situation?

MY RESPONSE: You can't deal directly with the problem, i.e., you can't force her to spend money on the children or have your support obligation changed based on her conduct, but you could deal with it indirectly. If your ex is not taking proper care of the children, depriving them of things that they reasonably need, you could file an OSC to modify child custody, to seek their sole or primary custody. If you prevail, you would be entitled to a modification of Child Support, inasmuch you would have the childrens' sole or primary custody, and Child Support is based on your income, your spouse's income, and the custodial timeshare.

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 A LIFE INSURANCE CLAIM CONSIDERED COMMUNITY PROPERTY?

QUESTION: I want to know if a life insurance claim is considered a community property, for purposes of a divorce?

MY RESPONSE: Likely not. A life insurance benefit on somebody else's life is the sole and separate property of the beneficiary of the policy.

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 ENFORCE CHILD SUPPORT ARREARAGES AFTER MY BANKRUPTCY?

QUESTION: We have an order of 2008 under which my husband was ordered to pay me $209 in child support per month. He asked to stop paying in 2009 as I bought a house and he threatened to return to court to recalculate support. Now I am paying triple for the children’s health and dental benefits. I asked him to start paying again and he has refused. Can I collect what my husband has not paid as I have declared bankruptcy and that money would have helped me a great deal all of this time?

MY RESPONSE: From a Family Law perspective, you can seek to enforce Child Support arrearages. You should consult your Bankruptcy Attorney regarding whether or not those arrearages should have been dealt with in the Bankruptcy court, and whether or not you would face any consequences for not addressing them to the Bankruptcy 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 REDUCE MY LEGAL FEES?

QUESTION: I am $900.00 shy of the $3,395 my legal consultant asks for. How can I lessen the fee? I need just support/and QDRO orders. There's a house, but, I don't want to take it. Our kids are grown. We were married 22 years. My husband has worked for the same company since 1989.

MY RESPONSE: You could file an Order to Show Cause for Attorney's Fees, to raise additional funds to retain a full-service lawyer. The issues in your case appear to require more than just a consulting lawyer. Given the disparity between your and your husband's incomes, you likely are entitled to one or more Attorney's Fee Orders. Whereas you may not want to end up with the house, there may be equity in the house that you should be able to share in - if your husband gets the house, he should pay you 1/2 of its equity. After a 22 year marriage, you likely are entitled to Spousal Support until your death or remarriage. Also, there are QDRO attorneys who specialize in QDROs, who charge less than $1,000 to prepare a QDRO - many Family Law Attorneys refer the QDRO portions of their cases to such QDRO experts to prepare.

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 HAVE PARENTAL RIGHTS?

QUESTION: I would like to know my rights as a parent. I am legally on my child's birth certificate. The child's mother has stated that I am not the father. She has also said she has paternity papers stating that I'm not the father. It has also been brought to my attention that the child's mother is on aid, for which I am also being charged. Do I have any rights?

MY RESPONSE: If you are paying child support, I assume that either a Child Support Agency or the Mother in a Paternity case claimed that you were the child's father, and if so, you had the opportunity to contest paternity and request a DNA test, but evidently failed to do so. You should file papers in the operative case to request a DNA test, and if you take the test and it is determined that you are not the father, you may be able to get a termination of your child support obligation. There is likely a statute of limitations on such relief, so you should not delay applying for that relief. You would best be represented by an experienced Family Law Attorney in that 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 |