QUESTION: Will my ex get spousal support if he claims he is disabled? My husband has filed for soc sec disability and was denied. I want a divorce because of his infidelity. Can he collect spousal support from me?
MY ANSWER: He may likely get Spousal Support from you if he has a disability that truly renders him unable to work.
If he was denied Social Security Disability, it may be because he is not disabled.
You could seek (and pay for) a vocational evaluation of him in an effort to get the Court to impute income to him.
His infidelity is not an issue that the Court would address, since we have no-fault divorce in California.
You would best be represented by an experienced Family Law Attorney if you intend to oppose your husband's request for Spousal 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 |
Monday, May 30, 2011
WILL I HAVE TO PAY ALIMONY?
QUESTION: If I am getting divorced do I have to pay alimony? I am currently in the military and currently in a divorce. We have to go to court soon; if the judge says on that date we are divorced, do I still have to pay her money. According to the USMC, I will stop paying her, but will the court say I have to and if so, why? We have no kids together but she has a 3 year old from a previous relationship. And she has a job at Ihop. Will I have to pay Alimony to her?
MY ANSWER: You haven't provided sufficient information for me to adequately evaluate your risk of a Spousal Support Judgment. However, if your wife has a 3-1/2 year old child from a former relationship, I surmise that your marriage has been a relatively short one. In marriages of less than 10 years duration, the Court generally awards Spousal Support for 1/2 of the duration of the marriage (if the facts in the case justify Spousal Support). Spousal Support is primarily based on the income of each party and the standard of living of the parties during the marriage. If your and your wife's incomes are fairly close to each other, assuming that those facts are accurately presented to the Court, it would be unlikely that the Court would award Spousal Support. On the other hand, if your income is significantly greater than your wife's income, there is a fair chance that the Court could award your wife Spousal Support, albeit for a limited duration.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney 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 ANSWER: You haven't provided sufficient information for me to adequately evaluate your risk of a Spousal Support Judgment. However, if your wife has a 3-1/2 year old child from a former relationship, I surmise that your marriage has been a relatively short one. In marriages of less than 10 years duration, the Court generally awards Spousal Support for 1/2 of the duration of the marriage (if the facts in the case justify Spousal Support). Spousal Support is primarily based on the income of each party and the standard of living of the parties during the marriage. If your and your wife's incomes are fairly close to each other, assuming that those facts are accurately presented to the Court, it would be unlikely that the Court would award Spousal Support. On the other hand, if your income is significantly greater than your wife's income, there is a fair chance that the Court could award your wife Spousal Support, albeit for a limited duration.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney 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 RESCHEDULE MY EX-HUSBAND'S VISITATION?
QUESTION: Can I reschedule inconveniently set visitation? I have sole custody of my two children ages 3 and 1. My Ex-husband abandoned my oldest which was 6 months old at the time and I. Both of our children have only seen him a total of 4 times in 3 years. Our youngest has no idea who his father is. In the divorce decree it states he can take the children for 2 weeks with enough written notice. He has sent me a certified letter saying he will designate his mom to pick up the children for the 2 week visitation. The problem is I have a serious commitment that I had planned for 6 months in advance on the dates he wants his mom to pick up the children. I cannot change this commitment and the children are included in these plans. I am more than willing to let him take the children but I am wondering if I can reschedule the visitation for a month later? He is not very compliant, understanding or willing to compromise with me even though I am happy to let him take them just not at the time that he believes is convenient for his mother to take our children. Is there any way I can reschedule his visitation with them for a moth later? Our divorce decree does not say I have to comply to his request and please him on the dates he chooses.
MY ANSWER: You can tell your ex-husband that he didn't give you enough advance notice, and that you had already committed to plans with the children that you are unable to change. Ask him to change his visitation to dates that don't conflict with your plans. If he refuses, file an Order to Show Cause to modify (reduce) visitation based on his lack of visitation over the long period of time and his refusal to accommodate your prior commitment, and schedule a court mediation of that issue to try to get it resolved before the hearing on the OSC. If there isn't enough time to schedule an OSC, you might file an Ex Parte Application for an Order Shortening Time to set and serve your Order to Show Cause. You would best be represented by an experienced Family Law Attorney in such matters.
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 ANSWER: You can tell your ex-husband that he didn't give you enough advance notice, and that you had already committed to plans with the children that you are unable to change. Ask him to change his visitation to dates that don't conflict with your plans. If he refuses, file an Order to Show Cause to modify (reduce) visitation based on his lack of visitation over the long period of time and his refusal to accommodate your prior commitment, and schedule a court mediation of that issue to try to get it resolved before the hearing on the OSC. If there isn't enough time to schedule an OSC, you might file an Ex Parte Application for an Order Shortening Time to set and serve your Order to Show Cause. You would best be represented by an experienced Family Law Attorney in such matters.
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 28, 2011
How can I finish my child custody case?
QUESTION: I have opened a child custody case against my son’s father. He is an illegal immigrant and currently homeless or in Mexico for all I know and I haven't heard from him in 2 years. I received full physical and legal custody and he didn't show up to court so I have a true default and have to finish it off. I am looking out for the safety or my son and I don't care at all about child support. I just want it so later down the road if he chooses to come and make excuses as to why he didn't show up to court, he can't, and I don't want him in my son's life because I feel that my son will succeed in life without a missing father to drag him down. How can I finish my child custody case?
ANSWER: Just because the father didn't show up at your last custody hearing doesn't mean that he is in "default".
You haven't provided enough detail for me to do an in-depth analysis, but I surmise that you have filed a Paternity (Uniform Parentage Act) case, that you had the father served, and that you filed and served an Order to Show Cause ["OSC"] for temporary custody pending trial, and received a temporary Child Custody Order after the father failed to show up at the hearing (and likely failed to file a Responsive Declaration to your OSC).
If that is the case, your next step would depend upon whether the father filed and served a FL-220 Response to Petition to Establish Parental Relationship. If he did, you need to file and serve by mail on his last known address whatever request to set for trial that your county requires (in Los Angeles County, that form is a FAM 014 form, REQUEST FOR TRIAL SETTING FAMILY LAW).
If the father didn't file a FL-220 Response, you should file and serve by mail on his last known address a FL-165 REQUEST TO ENTER DEFAULT, along with a photocopy of it and a self-addressed stamped envelope for the clerk to use to return a conformed copy of the document when the Court enters his default.
Once you have received the Request to Enter Default back from the Court, reflecting that the father's Default was entered, you should file a REQUEST FOR DEFAULT SETTING, or whatever similar document that your county requires (in Los Angeles County, that form is a FAM 031 form, REQUEST FOR DEFAULT SETTING), along with a photocopy of it and a self-addressed stamped envelope for the clerk to use to return a conformed copy of that document, advising you of the date, time and place of the default hearing. Show up at the default hearing prepared to present and argue your case to the judicial officer.
Note that you cannot serve documents yourself, so anything that you need to have served on the father should be served by somebody else over the age of 18, who should sign the appropriate Proof of Service, to be attached to the respective document that you file 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 |
ANSWER: Just because the father didn't show up at your last custody hearing doesn't mean that he is in "default".
You haven't provided enough detail for me to do an in-depth analysis, but I surmise that you have filed a Paternity (Uniform Parentage Act) case, that you had the father served, and that you filed and served an Order to Show Cause ["OSC"] for temporary custody pending trial, and received a temporary Child Custody Order after the father failed to show up at the hearing (and likely failed to file a Responsive Declaration to your OSC).
If that is the case, your next step would depend upon whether the father filed and served a FL-220 Response to Petition to Establish Parental Relationship. If he did, you need to file and serve by mail on his last known address whatever request to set for trial that your county requires (in Los Angeles County, that form is a FAM 014 form, REQUEST FOR TRIAL SETTING FAMILY LAW).
If the father didn't file a FL-220 Response, you should file and serve by mail on his last known address a FL-165 REQUEST TO ENTER DEFAULT, along with a photocopy of it and a self-addressed stamped envelope for the clerk to use to return a conformed copy of the document when the Court enters his default.
Once you have received the Request to Enter Default back from the Court, reflecting that the father's Default was entered, you should file a REQUEST FOR DEFAULT SETTING, or whatever similar document that your county requires (in Los Angeles County, that form is a FAM 031 form, REQUEST FOR DEFAULT SETTING), along with a photocopy of it and a self-addressed stamped envelope for the clerk to use to return a conformed copy of that document, advising you of the date, time and place of the default hearing. Show up at the default hearing prepared to present and argue your case to the judicial officer.
Note that you cannot serve documents yourself, so anything that you need to have served on the father should be served by somebody else over the age of 18, who should sign the appropriate Proof of Service, to be attached to the respective document that you file 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 |
Will I have to pay spousal support if my wife abandoned our family?
QUESTION: My wife went on a trip 8 weeks ago. After 3 weeks she notified my daughter she won't be back and she wants to get a divorce. Doesn’t that mean she abandoned the kids and me? Will she have any right to support or draw on my retirement wage?
MY ANSWER: What you call "abandonment" of you, the law refers to as "separation".
The fact that your wife separated from you does not affect or impair her rights to Spousal Support or her share of the Community Property.
All divorces begin with some form of separation, whether actual physical separation or separation by way of a statement to the effect that a party wants to get a divorce or that the marriage is over, or the preparation and filing of a Petition in which a spouse requests a dissolution of marriage.
If your wife has stopped seeing your minor children, you should seek the sole custody of your children, as well as Child Support.
You would best be represented in your divorce by an experienced Family Law Attorney, preferably a Certified Family Law Specialist.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney 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 ANSWER: What you call "abandonment" of you, the law refers to as "separation".
The fact that your wife separated from you does not affect or impair her rights to Spousal Support or her share of the Community Property.
All divorces begin with some form of separation, whether actual physical separation or separation by way of a statement to the effect that a party wants to get a divorce or that the marriage is over, or the preparation and filing of a Petition in which a spouse requests a dissolution of marriage.
If your wife has stopped seeing your minor children, you should seek the sole custody of your children, as well as Child Support.
You would best be represented in your divorce by an experienced Family Law Attorney, preferably a Certified Family Law Specialist.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney 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 child custody rights do I have as a father?
QUESTION: What child custody rights do I have? My ex-girlfriend broke up with me when my daughter was 2 years old because I was too sick to hold job. I eventually picked up a contract as a Web Developer and a new apartment. My ex & I verbally agreed to 50% custody. I have kept an email chain for years now as my daughter is 5 & a half. After completing my contract, I moved in with parents to show stability for daughter and their house is walking distance to her school. I have dedicated my life to supporting her (I'm not even dating). I get her about 70% of the time, mainly because her mother pushes her off on me constantly which I love. Now my ex wants to move 3 cities away with my daughter and feels she is the dominant parent, so she has the right! I don't know what to file for with courts and if I need to beat her to court? Currently I am a very poor Android App Developer and have no money for an attorney! What do I do?
MY RESPONSE: If you haven't filed a Paternity (Uniform Parentage Act) case, you should do so without delay, along with an Order to Show Cause seeking custody of your daughter and opposing her mother's move-away with your daughter, setting forth the details of your relationship with your daughter and your increasing and current timeshare, with back-up documents. Of course, you would best be represented by an experienced Family Law Attorney in such matters.
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 haven't filed a Paternity (Uniform Parentage Act) case, you should do so without delay, along with an Order to Show Cause seeking custody of your daughter and opposing her mother's move-away with your daughter, setting forth the details of your relationship with your daughter and your increasing and current timeshare, with back-up documents. Of course, you would best be represented by an experienced Family Law Attorney in such matters.
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 |
Wednesday, May 25, 2011
WHAT ARE MY CUSTODY RIGHTS IF MY EX DOESN'T BRING OUR KIDS BACK INTO THE STATE?
QUESTION: What are my child custody rights if my wife does not bring my kids back into the state? If I gave my wife permission to take our children over state lines to visit family - what happens if she doesn't bring them back? What are my rights?
MY RESPONSE: If your wife takes your children out of the state on false pretenses and fails to return them, you can file a Divorce and an Order to Show Cause for Child Custody to request that custody of the children be awarded to you.
If you prevail, you'll need to retain an attorney in the state and county where the children are, to file an action to enforce the California Order and have the Sheriff take possession of the children. You would need to go to and be in that state to receive the children from the Sheriff.
If you do nothing, and your wife has the children in another state for at least six months, that state would become the "home state" of your children, and your wife could file a Divorce in that state and request custody of the children in that Divorce, forcing you to litigate custody in that distant forum.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney 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 Los Angeles Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: If your wife takes your children out of the state on false pretenses and fails to return them, you can file a Divorce and an Order to Show Cause for Child Custody to request that custody of the children be awarded to you.
If you prevail, you'll need to retain an attorney in the state and county where the children are, to file an action to enforce the California Order and have the Sheriff take possession of the children. You would need to go to and be in that state to receive the children from the Sheriff.
If you do nothing, and your wife has the children in another state for at least six months, that state would become the "home state" of your children, and your wife could file a Divorce in that state and request custody of the children in that Divorce, forcing you to litigate custody in that distant forum.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney 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 Los Angeles Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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