Title: December 21, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. My daughter had to file for bankruptcy when she divorced her first husband, because he “took her to the cleaners”. Now she has remarried and wants to buy a house with her new husband. What are the ramifications of the bankruptcy she filed some time ago?
A. A bankruptcy stays on someone’s credit report for 10 years. However, a person who has undergone bankruptcy can re-reestablish his/her credit much sooner. Any credit will cost more, i.e. the interest rate charged to that person will be higher than that charged to someone who has a perfect credit score. As the credit is slowly re-established and payments on household bills and other bills are being paid on time on a regular basis, the interest charged on credit will slowly decrease until such time that creditors feel the risk of lending money to that person is low or is equal to the norm. This can take anywhere from two to four years, or longer, depending on the spending habits of that person, whether he/she is living above his/her means, paying bills on time and whether the credit limit on credit cards is reached too often. One of the best way to re-establish one’s credit is to avoid “maxing” out credit cards and to keep your balance(s) at a minimum. Having 10 credit cards is not a good idea, because creditors will feel that it is much easier to get quickly into trouble with that many credit cards. One must not forget also that it is much more difficult to file for bankruptcy nowadays since bankruptcy laws changed in October. Many will be forced to file a Chapter 13 bankruptcy which entails repayment of your debts over a period of up to five years.
Q. I have to pay spousal support to my ex-wife until she remarries or dies. She lives with some guy in another state. Do I have to continue paying spousal support to her?
A. Family law Code Section 4323 states there is a rebuttable presumption that there is a decreased need for spousal support when the supported party is cohabiting with a person of the opposite sex. The supporting party may seek relief by claiming that the non-marital partner’s income must be considered in determining spousal support award to the extent it reduces the other’s living expenses. You must make a motion in Court to modify the spousal support due to the cohabitation of the supported party and her reduced living expenses.
Showing posts with label daughter. Show all posts
Showing posts with label daughter. Show all posts
Thursday, March 12, 2009
Monday, January 5, 2009
Legal Eaze #22 Guardianship/ Refund
Originally Printed: May 18, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. My daughter ran away with her drug-dealing boyfriend about a month ago. She left her 16-month-old baby with my husband and I and we have no idea of her whereabouts. It is incredible that we are left with total responsibility for her little boy. However, we want to make sure that she does not come back to pick up this child, only to have him around drugs and bunch of drug addicts. What should we do?
A. This theme comes back on a regular basis. You need to file a Petition for Guardianship with the County court in order to become guardians of this child. An investigation will be conducted by a court-appointed probate investigator to ascertain who would be first choice to become substitute parent(s) to the child. The Court often appoints grandparents as guardians of children left behind by drug-addicted parents. Once you are found to be fit as guardians, the Court will not allow a drug-addicted mother to again be responsible for her child until she cleans up her act. A guardianship is often temporary, until at least one parent of the child undergoes drug rehabilitation and can safely take responsibility for his/her child, but it also sometimes becomes a permanent arrangement. Drugs have become the scourge of today’s society and have affected hundreds of thousands of children across the world. They are the true victims. You are very brave to be willing to take care of this little boy and hopefully, your daughter will be thankful for what you have done for her son.
Q. I have a satellite dish to connect to the Internet, which promised immediate access, but is actually slower than dial-up. I constantly have to call in because have problems with connectivity. They charge an arm and a lef for the service, with which I am totally dissatisfied. I had to pay $700 for the dish. I want money back. Can I?
A. It is doubtful but it depends if you had a warranty and how long ago you had it installed on your property. Your story sounds so familiar. In fact, I went back to a dial-up connection because I was tired of paying $65 a month for this so-called “really fast connection”. Satellite dish is highly affected by the weather unfortunately, and of course customers are never told about these problems ahead of time. You best bet is to give your satellite company notice that you want to stop their “bad” service and find another way to connect to the Internet. Good luck!
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. My daughter ran away with her drug-dealing boyfriend about a month ago. She left her 16-month-old baby with my husband and I and we have no idea of her whereabouts. It is incredible that we are left with total responsibility for her little boy. However, we want to make sure that she does not come back to pick up this child, only to have him around drugs and bunch of drug addicts. What should we do?
A. This theme comes back on a regular basis. You need to file a Petition for Guardianship with the County court in order to become guardians of this child. An investigation will be conducted by a court-appointed probate investigator to ascertain who would be first choice to become substitute parent(s) to the child. The Court often appoints grandparents as guardians of children left behind by drug-addicted parents. Once you are found to be fit as guardians, the Court will not allow a drug-addicted mother to again be responsible for her child until she cleans up her act. A guardianship is often temporary, until at least one parent of the child undergoes drug rehabilitation and can safely take responsibility for his/her child, but it also sometimes becomes a permanent arrangement. Drugs have become the scourge of today’s society and have affected hundreds of thousands of children across the world. They are the true victims. You are very brave to be willing to take care of this little boy and hopefully, your daughter will be thankful for what you have done for her son.
Q. I have a satellite dish to connect to the Internet, which promised immediate access, but is actually slower than dial-up. I constantly have to call in because have problems with connectivity. They charge an arm and a lef for the service, with which I am totally dissatisfied. I had to pay $700 for the dish. I want money back. Can I?
A. It is doubtful but it depends if you had a warranty and how long ago you had it installed on your property. Your story sounds so familiar. In fact, I went back to a dial-up connection because I was tired of paying $65 a month for this so-called “really fast connection”. Satellite dish is highly affected by the weather unfortunately, and of course customers are never told about these problems ahead of time. You best bet is to give your satellite company notice that you want to stop their “bad” service and find another way to connect to the Internet. Good luck!
Saturday, January 3, 2009
Legal Eaze #7 Child Support/ guardianship
Originally Printed: October 6, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My daughter is permanently disabled and will never be able to support herself. She is 18 years old. Her father wants to stop paying the child support ordered by the divorce court. I cannot afford to support my daughter by myself for the rest of her life. What can I do?
A. Both parents have a duty to support a disabled adult child. If your daughter is attending high school full-time and has not yet graduated, your ex-husband must continue to pay the child support until she turns 19. If your daughter does not attend high school, your ex-husband may want medical proof that your daughter is unable to work for the rest of her life. You should file an Order to Show Cause re: Continued support for a disabled adult child with the court that granted your divorce. You should not have to bear the burden of supporting your disabled daughter alone. However, the court may order your ex-husband to pay less support. Remember, parents of a disabled adult child can only support him or her to the best of their financial ability. By the way, there are governmental programs that can help with the schooling, training and medical needs to your disabled child, and I hope that you have taken advantage of such programs.
Q. My son’s girlfriend died in a car crash a few days ago. They have a daughter who is 1 year old. The dead girlfriend’s parents are seeking guardianship of this child, but so am I. My son is incarcerated because he had a fight with his girlfriend. What can I do?
A. You are short on details about your son’s situation and why he cannot raise his own daughter. If the maternal grandparents have filed a Petitioner for Guardianship, you will be notified of where and when the hearing will take place. You can object to their petition and introduce yourself as a potential guardian for this child. The court will appoint an investigator who will look into who would be the best custodian of this child. This may be an expensive proposition with legal and investigation fees. You have an uphill battle ahead of you, but if you feel you the better “substitute parent” and your son still wants to be part of his daughter’s life, then you should proceed without objection to the maternal grandparents having guardianship.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My daughter is permanently disabled and will never be able to support herself. She is 18 years old. Her father wants to stop paying the child support ordered by the divorce court. I cannot afford to support my daughter by myself for the rest of her life. What can I do?
A. Both parents have a duty to support a disabled adult child. If your daughter is attending high school full-time and has not yet graduated, your ex-husband must continue to pay the child support until she turns 19. If your daughter does not attend high school, your ex-husband may want medical proof that your daughter is unable to work for the rest of her life. You should file an Order to Show Cause re: Continued support for a disabled adult child with the court that granted your divorce. You should not have to bear the burden of supporting your disabled daughter alone. However, the court may order your ex-husband to pay less support. Remember, parents of a disabled adult child can only support him or her to the best of their financial ability. By the way, there are governmental programs that can help with the schooling, training and medical needs to your disabled child, and I hope that you have taken advantage of such programs.
Q. My son’s girlfriend died in a car crash a few days ago. They have a daughter who is 1 year old. The dead girlfriend’s parents are seeking guardianship of this child, but so am I. My son is incarcerated because he had a fight with his girlfriend. What can I do?
A. You are short on details about your son’s situation and why he cannot raise his own daughter. If the maternal grandparents have filed a Petitioner for Guardianship, you will be notified of where and when the hearing will take place. You can object to their petition and introduce yourself as a potential guardian for this child. The court will appoint an investigator who will look into who would be the best custodian of this child. This may be an expensive proposition with legal and investigation fees. You have an uphill battle ahead of you, but if you feel you the better “substitute parent” and your son still wants to be part of his daughter’s life, then you should proceed without objection to the maternal grandparents having guardianship.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581
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