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 |
Thursday, May 24, 2012
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 |
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 |
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 |
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 |
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 |
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 |
Saturday, May 5, 2012
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 |
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 |
Subscribe to:
Posts (Atom)