CAN I SUSPEND VISITATION IF THE FATHER ISN'T PAYING CHILD SUPPORT?

QUESTION: The father of my child lives in AZ and I in CA. He wants to spend $80 to drive down to pick my son up for the summer. He has no job and no money, and is in arrears in Child Support, he hasn't paid since March. Can I suspend his visitation because he isn't supporting our son? ============================================== MY RESPONSE: No. The Child Support Orders and the Visitation Orders are separate and distinct Orders. You will be in contempt of court if you interfere with, suspend or prevent the father's visitation with the child/children. If the father is unemployed and not earning any money, it will likely be impossible to collect Child Support from him for the time being, but his Child Support Arrearage bears interest at 10% per annum, and should ultimately be collectible from him. When he becomes re-employed, you could seek the assistance of your local (California) governmental Child Support Agency to enforce payment of Child Support and Child Support Arrearages from him in Arizona. =============================================== 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 FILE FOR A DIVORCE IF MY HUSBAND LEFT THE STATE?

QUESTION: How can I file for divorce in California when my husband abandoned me and left the state. Do I hire someone to serve him papers in another state? What publications do you need to do in the newspaper? Thanks =============================================== MY RESPONSE: If you know where your husband is, hire a Process Server in the State and County in which he is living to serve your divorce case on him. It is far less expensive to serve somebody by a Process Server than to go through the necessary steps to obtain service by Publication; you can't serve your husband by Publication if you can locate him. To serve him by Publication, you need to have an investigator do a due diligence search in an effort to locate him, and if that search is unsuccessful, you would need to submit a Declaration of Due Diligence to the Court with an Application for permission to serve via Publication, to get a Court Order allowing Publication. =============================================== 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 FIND OUT IF I'M LEGALLY DIVORCED?

QUESTION: I was told over 7 months ago that my husband filed for divorce. I still have not heard anything or recieved any papers. I went to file myself and was advised not to because if he did and I also file for divorce, it will prolong the case. I want to know how can I find out if I am legally divorced? =============================================== MY RESPONSE: For you to be legally divorced, you would have had to be served with your husband's divorce papers (Summons, Petition, etc.). Since that did not occur, the possibilities are that your husband misinformed you about filing a divorce case or that he is "sitting" on the case and not proceeding to get a divorce. Since you have not been served in his case, you can file your own divorce case and have your husband served by a process server. The first case to be served will be the operative case. You should retain an experienced Family Law Attorney to represent you, or if you can't afford an attorney, you should go to your local Superior Court's self-help clinic for assistance from a volunteer 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 |

WHAT IS THE PROCESS FOR FILING FOR CUSTODY AFTER MY BABY IS BORN?

QUESTION: My baby is not due until September but I want to know how the process goes if I file for full custody of my child after he is born. The father is supposed to go to jail for a DUI and ever since I got pregnant he has been very possessive and controlling and already threatened me to court but I didnt do anything to bring that upon myself and at this point I don't trust him and as of right now I'm not putting him on the birth certificate and I don't want him at the hospital when the baby is born. He doesnt have a job and he hasn't had one for a while now, so he couldn't help financially anyway. How can I file for custody after the baby is born? =============================================== MY RESPONSE: You should retain an experienced Family Law Attorney to file and represent you in a Paternity suit under the Uniform Parentage Act if you desire child custody orders. =============================================== 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 RECEIVE ANY MONEY FROM MY HUSBAND'S NON-PROFIT MEDICAL MARIJUANA BUSINESS?

QUESTION: My husband is sole officer of his medical marijuana business, and it's registered as a "health" non profit in CA. Could I argue it's not a true non profit? Could I use argument that the federal government doesn't view these businesses as non profit and actually views them as illegal? ============================================== MY RESPONSE: Merely because the business is registered as a non-profit business does not mean that its officer doesn't receive any income for running the business. Your husband's income from that business is community property, and anything purchased with that income is community property. In a divorce, your husband's income would be a source for calculation of, and his payment of, Spousal Support. Furthermore, if that business was started during the marriage, it is community property, and you may be entitled to an equalization payment for your community interest in that business. You would best 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 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 GET CUSTODY OF MY DAUGHTER?

QUESTION: I make more money then spouse. I live next my child's school and next to my mom, who will take care of my daughter while I am work. Do those facts entitle me to custody of my daughter? ============================================== MY RESPONSE: Child Custody is not based on a parent's income, nor is it based on proximity of that parent to the child's school or a family member who can provide child care while the parent works. Rather, it is a determination of which parent the child's best interests would best be served by an award of custody, based on the quality and quantity of the parents' respective relationships with the child, which parent has been the "primary parent" for the child, and the parents' history of cooperation or lack of cooperation with each other. You would best retain, or at least consult, an experienced Family Law Attorney in connection with your Child Custody 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 |

HOW MUCH OF MY 401K PLAN WILL MY SPOUSE GET?

QUESTION: In Missouri, I have been married 10 years but have had my 401k for 20 years. Will my spouse get it for only the 10 years we were married? ============================================== MY RESPONSE: If you are in Missouri, I don't know why you are asking that question to a California Family Lawyer. I know and practice only California Law. Were you divorcing in California, and were you married for 1/2 of the period during which you contributed to your 401K, your wife would have a 1/2 community interest in ONLY the 401K contributions made during the marriage until the date of separation plus or minus any gains or losses that occurred on the assets which were purchased with those contributions. Your wife would have no interest in the assets which were purchased with 401K contributions made before the marriage, and no interest in the assets which were purchased with 401K contributions after separation, both of which are your separate 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 |

HOW CAN I FIND OUT IF I AM LEGALLY DIVORCED?

QUESTION: Without contacting my ex, how do I find out if I am legally divorced? Is there a way to look up public records? We haven't spoken in over 5 years and I was told they tried to find me to file papers, yet I never heard anything. =============================================== MY RESPONSE: Had there been a divorce, and had you been locatable by your "ex" or his attorney or investigator, you most likely would have been served with divorce papers. Only if you couldn't be located after diligent efforts, could your "ex" have served you by publication. The easiest way to find out would be to contact your (hopefully) ex and ask, and if he/she says that he/she divorced you, ask for the Court and the case number, and look up the case on the Court's website, and if it says that a Judgment of Dissolution of Marriage was filed and entered, go to the Court and purchase a copy of the Judgment. It would be far more difficult and expensive to search for the needle in a haystack that you would be doing to search all of the Court records each of the Superior Courts in your county and each county in which your "ex" has resided since separation - and you might not find anything because your "ex" would not have gotten a divorce. If your "ex"advises you that he/she didn't divorce you, you should try to work out an agreement with your "ex" to get a divorce, get your "ex's" address and contact information, and file and proceed with a divorce case. You are in the highest tax bracket, Married filing Separately, until you are divorced. If you can't reach your "ex", assume that there was no divorce, and file and proceed with a divorce case. 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 |

HOW LONG CAN IT TAKE TO GET A DIVORCE JUDGMENT

QUESTION: How long will take from date of sending request to enter default to receive final judgment with termination date? ============================================== MY RESPONSE: It could take forever, unless you do a default prove-up, either by paper (if that is acceptable to your court) or at a default judgment prove-up hearing. You would best retain, if not consult, an experienced Family Law Attorney regarding how to complete your 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 |

DO I HAVE TO SUPPORT MY HUSBAND?

QUESTION: My my husband and I are Swedish citizens. We have been married for 25 years. 3 children 17, 22, 25 lives at home and goes to school. My husband has had good paying jobs (120k/year) until 3 years ago when he decided to quit his job. Since then he has not done anything and I became the bread winner. I make 100k a year. My husband had been cheating on me our entire marriage and now we are getting a divorce. He is moving back to Sweden and leaving us all behind. Do I have to pay allimony for him and what happens if I dont? Can he come after me from Sweden? =============================================== MY RESPONSE: You would best retain an experienced Family Law Attorney to handle your divorce and to seek and obtain admissible evidence of your husband's ability to work and opportunity to work, to persuade the Court to impute income to your husband and avoid having to pay Spousal Support to your husband. That would include doing appropriate legal discovery as to your husband's education, training and experience, possibly retaining a Vocational Consultant to interview your husband and do a labor market survey, and possibly doing a LeBass and Munsie classified ad search. These are things that an experienced attorney would likely perform if you are looking to avoid or minimize your exposure to Spousal Support. If your husband moved to Sweden, he could likely still enforce a Spousal Support order, through counsel in California. =============================================== 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 |