Title: October 24, 2007
Q: I hired a professional process service to serve divorce papers on my wife. They attempted to serve her 3 times but were unsuccessful. Now they want to charge me more to serve her. What do I do?
A: I cannot advise you as to whether or not the process server charges are proper. After several attempts to serve personally, a process server can then serve the paperwork by substitute service i.e. on another adult who can be found at the same address as your wife, either at home or at work. The process server must also fill out a form called “reasonable diligence” to the effect that several attempts were made to effect personal service, but to no avail. Another way is to leave the paperwork in an appropriate place where your wife would be most likely to see it, such as a few feet from where she is standing if she is avoiding service, or by substitute service at a private post office box where she regularly receives her mail. A copy of the paperwork must also be mailed to your wife. It is established law that a Defendant will not be permitted to defeat service by rendering physical service impossible. If your wife resides in a gated community, by law, registered process servers, upon proper identification, must be granted access to a gated community, staffed by a guard. There is also service by publication available if you cannot find your wife’s location.
Q: Is it possible to overturn a judgment of full custody?
A: Yes it is. If the circumstances have changed, you can make a Motion to Modify custody. However, there must really be a change of circumstances. If the situation is exactly the same as when the judge made his decision and you make the motion to modify custody, the Judge could order you to pay for opposing party’s attorney’s fees. But if the situation is now different, your ex-spouse is ill, or wants to remarry an ex-con who was convicted of child molestation or something the Judge should know about, then go for it.
Q. I recently resigned from a sales position with an insurance company. They refuse to pay my sales commission because I am no longer an employee. Their sale manual clearly states that one must be an employee at the time the check is cut. We are talking about more than $10,000 here. What can I do?
A. Go to the Labor Commission and make a claim. This practice is clearly unethical. The company is violating the contract terms you surely entered into when you began working for it. The employer has a contractual duty to pay the earned commission, and you should not be penalized because your commission is paid several weeks after you earned it.
Maxine de Villefranche has been an attorney for 14 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail at maxinedev@msn.com. She will answer your questions to the best of her abilities.
Showing posts with label motion to modify. Show all posts
Showing posts with label motion to modify. Show all posts
Tuesday, March 24, 2009
Sunday, January 4, 2009
Legal Eaze #14 Evicting/ Child Support
Originally Printed: January 26, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, 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. I have a tenant in one of my rental homes who has a two-year lease with option to purchase the home. He has made substantial improvements to the home, increasing its value. However, he is a drug user and the house has become a haven for his drug-addicted friends. I want to evict him but I want to do it legally and fairly. What do I do?
A. The following clauses should be in your lease agreement: 1. Forbidding illegal activities during the tenancy. 2. Your approval was needed before your tenant could make any improvements to the property. Do you have proof that drugs are being used on the property? If so, you can evict him on that ground. Give him a 30-Day Notice to Vacate. If the does not vacate at the end of the 30 Days, file an Unlawful Detainer action. If you approved of the improvements made to the property, you may have to pay him for the services he rendered, which will complicate the action.
Q. My husband is not paying the child support he was ordered to pay. He quit his job so he would not have to pay for child support just to spite me. I am working two jobs but can’t make ends meet, and my two kids are suffering needlessly. What should I do?
A. Did you husband go back to court and make a Motion to modify the amount he has to pay in child support? If he did not, he is still obligated to pay the child support he was ordered to pay and you can ask Child Support Services to collect the arrearages and the child support you are entitled to. It is unfortunate that many people refuse to work in order to avoid paying their child support obligations, however, if they are able to work yet have voluntarily quit their jobs just to frustrate their children’s needs, they can go to jail, lose their driver’s license, lose their occupational license, etc. There is a great effort by the governmental authorities to see that parents take their responsibility to support their children seriously and the consequences of not doing so are severe. Child Support Services are a little slow, but they do a commendable job of bringing wayward parents back in line. Contact them immediately, especially if you cannot afford to hire a private attorney.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, 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. I have a tenant in one of my rental homes who has a two-year lease with option to purchase the home. He has made substantial improvements to the home, increasing its value. However, he is a drug user and the house has become a haven for his drug-addicted friends. I want to evict him but I want to do it legally and fairly. What do I do?
A. The following clauses should be in your lease agreement: 1. Forbidding illegal activities during the tenancy. 2. Your approval was needed before your tenant could make any improvements to the property. Do you have proof that drugs are being used on the property? If so, you can evict him on that ground. Give him a 30-Day Notice to Vacate. If the does not vacate at the end of the 30 Days, file an Unlawful Detainer action. If you approved of the improvements made to the property, you may have to pay him for the services he rendered, which will complicate the action.
Q. My husband is not paying the child support he was ordered to pay. He quit his job so he would not have to pay for child support just to spite me. I am working two jobs but can’t make ends meet, and my two kids are suffering needlessly. What should I do?
A. Did you husband go back to court and make a Motion to modify the amount he has to pay in child support? If he did not, he is still obligated to pay the child support he was ordered to pay and you can ask Child Support Services to collect the arrearages and the child support you are entitled to. It is unfortunate that many people refuse to work in order to avoid paying their child support obligations, however, if they are able to work yet have voluntarily quit their jobs just to frustrate their children’s needs, they can go to jail, lose their driver’s license, lose their occupational license, etc. There is a great effort by the governmental authorities to see that parents take their responsibility to support their children seriously and the consequences of not doing so are severe. Child Support Services are a little slow, but they do a commendable job of bringing wayward parents back in line. Contact them immediately, especially if you cannot afford to hire a private attorney.
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