Wednesday, August 20, 2014

Providing Health Insurance for Children

When do I have to provide health insurance for my children?
 
Once an order for child support is made, California law requires both parties are ordered to maintain health insurance on behalf of the minor children IF available at little or no cost to each party.

What are some options for obtaining insurance?

There are multiple options for providing health insurance for your children. The most common are Medi-cal, which is a need-based program, and health insurance through one's employer. Medi-Cal is based upon income. In order to qualify, you must be considered low income. Many employers also offer health insurance with a minimal monthly fee to add one's children to the insurance policy. If neither one of those options are available, consider contacting a health insurance exchange and explore the possibility of subsidized insurance under the Affordable Healthcare Act (Obama Care). Contact your local health insurance agent to help you navigate this process.

What if I am unable to obtain health insurance at a reasonable cost?

If health insurance is not available to you from any source at a reasonable cost, you are not obligated to provide it. If the issue comes up, ask the court to declare that health insurances is not available to you at a reasonable cost. This will protect you from a future allegation that you have not fulfilled your legal obligation to provide health insurance for your children.

Thursday, August 14, 2014

Can I appeal a domestic violence restraining order in once it has been granted?

An 18 year old girl was coming into my home against my will. She would come to see my son and was sneaking in at all hours of the night. I went to speak to her mother after I found her daughter hiding in my closet with a bucket of pee next to her. She brought beer, maijuana, pornography. The mother called the police.NO THREATS...NO VIOLENCE..NO POLICE REPORT. The mother asked for the judge to protect her and her daughter.  The Judge ordered the restraining order. Now she has a protected order against me.

If the mother obtained a restraining order on behalf of her 18-year old daughter, it is likely the mother had no standing to do so on behalf of another adult. Furthermore, it does not sound like there was any contact between you and the mother except for one phone call.

Of course, it would have been best to have an attorney at the actual court trial if this case has already gone to trial. If it has not and only a temporary order has been issue, you should obtain an attorney immediately. However, if a permanent order has been granted, there is a slim possibility to reverse it. Your best bet is to file a motion for reconsideration, which must be done within 15 days of the judgment date. Said motion must be based upon new or different facts. You may also do some sort of motion to modify the restraining order if the court inadvertently included improper orders.

Anything from here on out, though, is an uphill battle. Your slimmest chance of all would be to appeal. This must be based upon an error of law. It sounds like your side of the facts were not presented.

Wednesday, August 6, 2014

 

Can I sue my ex-spouse for cheating on me and hurting me while we were married?

      
 
Gina Marie Famularo
  1. You CAN sue your ex, but you won't win and might even be sanctioned (meaning you may have to pay your ex money) for bringing the lawsuit. This is a no-fault state. You cannot win. Let it go.
  2. Divorce is painful under even the best of circumstances. When there is unfaithfulness, it make things that much more difficult.
  3. However, unless there are children and the person involved in the affair is a danger to the children, the court will not hear testimony about the affair.

 


Tuesday, August 5, 2014

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A divorce can be filed for any reason. The most common reason is "irreconcilable differences," meaning the parties no longer are able to get along.

The divorce process is a 3 step process.
Step 1: File and serve the initial documents.
Step 2: Do the declarations of disclosure and discovery (if needed).
Step 3: Obtain a judgment.

Sometimes people choose to file a request for court before the judgment has been entered. This is typically done in those cases with children or where one party needs support.

For more information, please call our office for a free consultation.