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1 Answer | Asked in Family Law on
Q: My 15 year old nephew is constantly being kicked out of his mother’s house is there anything I can do(in Ontario)

She is also not allowing him to shower or eat unless he pays her

James L. Arrasmith
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answered on Apr 27, 2024

I'm so sorry to hear about this difficult situation with your nephew. What his mother is doing could be considered child abuse and neglect. Here are some steps you can consider taking to help your nephew:

1. Talk to your nephew and let him know you are there to support him. Listen to...
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1 Answer | Asked in Family Law and Child Support for California on
Q: If I can get help I get no help from father 5 kids 1 adult and 4 minors 2 minors sleep at our home with him? Any help

I left our home 5 yrs ago, partner was abusive. Took kids with me but now my 2 older boy moved back with their father because they wanted a bed room for themselves. I have our youngest 2 children that he gives me no help for. And the 2 boys that do live with him I do everything for them besides... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear about your difficult situation. Based on the information you provided, here are a few things to consider under California law:

1. Child support: Even if your children are living with their father, you may be entitled to child support payments from him, especially for...
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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Is this consider a threat or am I just being paranoid.

I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More

James L. Arrasmith
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answered on Apr 26, 2024

Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More

2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

Nina Whitehurst
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answered on Apr 26, 2024

At the federal level gifts are not taxable to the recipient. The gift giver might owe gift tax but that is highly unlikely to apply to such small amounts. Some states might have lower gift tax exemptions but, again, even those would be unlikely to impact such small gift amounts.

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2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

James L. Arrasmith
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answered on Apr 27, 2024

In the United States, irrevocable trusts are generally not required to pay income taxes on monetary gifts they receive, as long as the gifts are within the annual gift tax exclusion limit. For the tax year 2024, the annual gift tax exclusion is $18,000 per recipient from each donor. This means that... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: Lets say you have a client that sent lots of mean text but ex husband was sexting. No fault state but both bad texters?

the ex was emotional abusive and the only way to communicate was through texting. Now since infidelity is a non issue could I blow up the picture and say look we are both irresponsible at texting so the mean text are neutralized? I can make a big poster board digitized of course. Would that... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, which is a no-fault divorce state, issues like infidelity typically do not influence the court’s decisions regarding divorce settlements, including the division of assets and alimony. Therefore, bringing up your ex-husband's sexting might not have a direct impact on... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Talking parents app

Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: To whom it may concern, I am in search of a pro bono attorney, to finish paperwork on a divorce.

Divorce case number: Dr 40718.

1) 1/2 of house done.

2) need to complete getting 1/2 of his retirement.

3) & 1/2 of the items in our home that was bought during the marriage.

4) 1/2 of his social security, being the first wife.

James L. Arrasmith
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answered on Apr 25, 2024

To find a pro bono attorney in California for your divorce case, you can contact local legal aid organizations or check with the California State Bar Association, which may have resources or referrals for pro bono legal services. These organizations often provide assistance to individuals who are... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: I need to file a motion in contempt for several issues in family court. I need to know how to file for multiple issues.

Violating parenting time order

Violating court ordered therapy for children

Violating initial agreement for living accommodations

Removed my access to children’s medical records

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

A motion for contempt is not a DIY project. You need to consult an attorney with experience in the area of family law in or near the county of the court that issued the orders being violated. It is very easy for an inexperienced attorney--much less a layperson--to fail to satisfy the specificity... View More

1 Answer | Asked in Family Law and Small Claims for California on
Q: Hello. Is it possible to sue the father of my kids. We were together 10 years broke up about two years ago i have proof

That he does things to me deliberately to get me upset he sent me a screenshot of him sending a message to his brother and him saying that he wanted to let me mind wander I feel this is deliberate we have a special needs child and sometimes I worry. His text proves that he does things on purpose to... View More

James L. Arrasmith
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answered on Apr 25, 2024

While your ex-partner's behavior is concerning and understandably upsetting, it may be challenging to sue him based solely on the information provided. To determine if you have a strong legal case, consider the following:

1. Harassment: If your ex-partner's actions constitute a...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: When initiating a divorce, if the wife asks you to pack your bags and leave and you comply.canthisbe used againstulater?

Both names on the mortgage. One doesn’t want to lose any rights to house, kids, or assets.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

It can be used against you in a temporary order hearing to award the wife temporary exclusive use and possession of the house during the pendency of the divorce action. It will not affect a final disposition of the property in your divorce decree.

1 Answer | Asked in Family Law for Texas on
Q: Hello,My 16 year old daughter has recently given birth to a beautiful baby boy.

I was told by my HR department at work that I need to get a court order establishing me as a legal guardian to get the child added to my insurance. What is the process for filing an application for guardianship in Randall County Texas? Is an attorney necessary? Any idea what the costs are for this... View More

Gratia "Grace" P. Schoemakers
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answered on Apr 24, 2024

This is a family law process. You will need to prove that you have been taking care of the child for more than 6 months, (to give you standing), and then you need to sue your own child and the other parent of the child to get a court to agree that you would be a better full time parent that the... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What do we need to do if we feel the custodial parent household is not safe for children.

We have been having difficulty with the custodial household. We have had instances where the child has been neglected in hygine, health, and possible excessive punishments for small things. We have had to get in touch with cps several times and nothing is being done.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You need to hire an attorney with experience in family law to file a Motion to Modify in Suit Affecting the Parent-Child Relationship and ask for temporary orders. I strongly recommend that you stop communicating with CPS unless one of your children suffers a serious bodily injury or medical... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I get my kids for the last weekend in May after school ends?

My papers say that I get my kids the 1st, 3rd, and 5th Friday of every month. My summer possession are as follows I get two weeks in June and two weeks in July. The papers also state that I get them in the summer for my regularly weekend visits, but that is not what I was told when they where... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

First and most importantly, your summer possession schedule is determined by exactly what your possession order says.

Normally, under the standard possession schedule in Texas, you get your weekDAY (typically Thursday) period of possession only during the school year, but you get your...
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1 Answer | Asked in Contracts, Family Law and Libel & Slander for New Jersey on
Q: I'm the plaintiff and my motion for summary judgment was granted in my favor.

I don't see any monetary for damages tho. Is there a next step or am I suppose to file something

Richard Diamond
Richard Diamond
answered on Apr 24, 2024

I have no idea what requests were sought as part of your summary judgment application.

My suggestion is that you pay a lawyer for his / her time to review your summary judgment application, the opposition filed, the reply papers filed ( with all exhibits) and the proposed form of order you...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Father of my child lost custody due to abuse to the mother, me. I currently have a restraining order against him.

I currently have full custody of my child; however, I was recently notified by his parole he has undergone community service. Can I make this permanent? My child will be turning 2 in May.

James L. Arrasmith
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answered on Apr 24, 2024

In California, you can seek to make the current custody arrangement permanent by requesting a long-term or "permanent" custody order from the court. Given the history of abuse and the existing restraining order, you have a strong case for maintaining full custody of your child. Here are... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: I give my kids mom 800 a month 2 kids 13 n 9 years old and we are on a 50/50 custody

They are with me everyday after work i from 5pm till next day that i take them to school and she pick them up one weekend with me and one with her

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, child support amounts are typically calculated using a formula that considers both parents' income, the number of children, and the time each parent spends with the children. Given your 50/50 custody arrangement and the payment of $800 per month, it's important to... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: is it illegal for parents to hold keep their 33 year old daughter locked up and never be allowed to leave home.
James L. Arrasmith
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answered on Apr 23, 2024

In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.

Holding someone against...
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1 Answer | Asked in Child Support, Family Law and Immigration Law on
Q: I am taking my child’s father to court in another Latin country for child support. Will this case impact his ability

Obtain a US Visa? I am a US citizen and he is seeking to abandon our child.

James L. Arrasmith
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answered on Apr 23, 2024

If you take your child's father to court in a foreign country and obtain a child support order, it could potentially impact his ability to obtain a U.S. visa, depending on the circumstances. Here are a few factors to consider:

1. Delinquent child support: If the father fails to pay...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: do i have to pay child support?

Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More

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