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 |
Sunday, March 4, 2012
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 |
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 |
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 |
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 |
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 |
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 |
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 |
Subscribe to:
Posts (Atom)