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Recent Posts in Set Aside of Judgments and Orders Category

Marriage of Wilson - Trial Court May Refuse to Enforce Child Support Orders Where Minor Living With Grandparents!

California Courts Can Consider Equitable (Fairness) Arguments and Refuse to Enforce Child Support Orders In Favor of a Parent When The Children Were Living with Grandparents! In re Marriage of Wilson ...
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A REVIEW of the Top California Marriage Based FIDUCIARY DUTY STATUTES

What Are the Key California Fiduciary Duty Statutes, and How Are They Applied ? Part I - Introduction to Fiduciary Duties Given the large number of reversals of fiduciary duty claims at the trial ...
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Marriage of Georgiou: The Time To File Fiduciary Duty Set Aside Motions Is Limited!

Marriage of Georgiou and Leslie: If Your Attorney(s) Fails to Ask the Right Questions, and You Have Some Information About the Nature of a Potential Community Property Asset, You Had Better Act Fast! ...
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I Am UNHAPPY With The FAMILY COURT'S RULING. What Can I Do?

TIPS FOR CHALLENGING TRIAL COURT RULINGS: AN OVERVIEW OF NON-APPEAL MECHANISMS, AND THEIR GROUNDS AND PROCEDURES So you have been given a decision in your case and you don't like all or part of ...
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How Can I SET ASIDE a SUPPORT ORDER?

Q. A child support order was entered against me without my knowledge, approximately 8 months ago, when my ex-girlfriend filed a motion but never served me with it? It is more than I should have been ...
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Wife Bears Own ATTORNEY FEES In Failed SET ASIDE MOTION Involving MSA

Attorney Fees in Set Aside Motions Marriage of Guilardi (11/7/11) 200 Cal.App.4th 770 The Sixth District Appellate Court (including Santa Clara County) has upheld a trial court denial of recovery for ...
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SANCTIONS For Failure to Complete the FINAL DECLARATION OF DISCLOSURE

The Preliminary Declaration of Disclosure I've recently blogged the importance of complying with Family Code section 2103 and section 2104, which obligate both parties to a pending dissolution, ...
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The TIME PERIODS for FILING SET ASIDE MOTIONS DEPENDS....

Q. Just thought you might want to point out that there is a different code section about setting aside judgments (2122) as opposed to orders (3691). It's important because the statute of ...
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Is It Possible to Get My Ex's TAX RETURNS Without Any MOTION to MODIFY Pending Between Us?

Q. We were divorced three years ago and I haven't taken my ex-husband back to Court. I think he is earning a lot more now. Is there anything I can do to find out what his situation is short of ...
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Am I Entitled to Obtain DISCOVERY If I File a SET ASIDE MOTION Before the Matter is Decided?

Q. Hello Mr. Arnold, I appreciate your website, it is very useful. I really hope you can let me know if I am allowed to serve Form Interrogatories on my ex after I file a FL-360 Application to set ...
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What do I do if my spouse or domestic partner does not complete their DECLARATION OF DISCLOSURE?

Q. What do I do if the other party to a divorce or dissolution of domestic partnership proceeding refuses to file their Preliminary Declaration of Disclosure? A. Declarations of Disclosure must be ...
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Is there any way to request that the Judge RECONSIDER her rulings in my case?

Q. I was in Court and the Judge ordered me to pay an amount in support that I can afford. The Judge averaged my earnings over the past 12 months, and then entered that information into the ...
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What Are My Rights When I Believe My Spouse Committed Fraud in Their Income & Expense Statement?

Q. What remedies do you have if you believe your spouse concealed income or lied about assets in their Income and Expense Declaration [Form FL-150]? What If He Lied to You and the Court In His Income ...
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What are interspousal FIDUCIARY DUTIES?

Q. I keep hearing the phrase "interspousal fiduciary duties". What does it mean? A. Few areas of California divorce and family law is changing as rapidly, or is having as great an impact ...
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