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 |
Saturday, May 5, 2012
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 |
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 |
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 |
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 |
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 |
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 |
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 |
Subscribe to:
Posts (Atom)