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Menampilkan postingan dengan label Family Law

Break Free

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Have you ever had one of those days that you are just happy?  I mean, uncontrollable, dancing like no one is watching happy? So picture it.  This guy comes into the library with a smile from ear to ear.  Seems he's been paying child support for like forever.  I mean, it's been killing him.  Ex is a hag and she has kept nagging him and demanding a raise every year for the last 5 years.  While the ex wear furs, he wears Kohls. Guy is feeling down in the dumps....until....guy finds out that his 16 year old kid had file for and was granted emancipation from his mom (Guy's ex).   Guy is SOOOOOOO happy.  Why, might you ask?  Well, it's seems that when a kid is emancipated, the parent doesn't have to pay child support, anymore.  At least, that's what Guy is hoping is going to happen.  Ex-wife, on the other hand, is sweating bullets. So, standing in front of me, Guy is looking for anything that can help him break free of his...

Word Of The Month For April 2019: Emancipated Minor

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Ah, spring.  A time of renewal.  A time to think about new possibilities and resolve old conflicts and that, as it turns out, is why a number of people come to our law library - to resolve conflicts (real or imagined). Take, for example the couple that came in the other day.  Seems they were parents of a resourceful child of 12 years of age.  Seems Child had designed, developed, marketed, and was now selling a device to businesses in the area.   No joke.  The device (parents would not elaborate on what it was or what it did - other than the fact that Child was making a killing) was very profitable and was making Child (and, by extension, Child's parents) very wealthy. The duduk perkara was that Child realized that he did not need parents anymore and was seeking to be classified as an Emancipated Minor.  What is an Emancipated Minor , you ask?  Well, according to Black's Law Dictionary , an Emancipated Minor is: A minor who is self-...

Don't Forget Your Pen

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I know you're out there. Those who walk into law libraries with a huge chip on your shoulder complaining that no one will help you and that the whole world is out to get you.   So mad as hornets, you come up to the reference law librarian after being rejected by the court clerk, every administrative agency, the DA and PD , the Family Law Facilitator , the self-help coordinator and then, when you're standing in front of the the law librarian, who is trying to help you and is spewing forth words of wisdom, you stand there with mouth open and brain closed. Such was the case the other day.   Guy comes in all flustered and flummoxed claiming that no one will help him.  Seems that he had been renting a stall for his horse.  Seems, he sub-leased the stall to someone who had been paying the rent on the stall.  Seems, suddenly, that landowner decided he wanted the stall back and prevented Guy from stepping onto the land (on which the stall was located).  ...

It's Just Sooooooo Frustrating Sometimes

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WARNING:   This blog post runs a bit deep and leans towards the dark side of how law stuff works.  So, if you're looking for light and fluffy, check out some of my other blog posts . Anyway, you know what I'm grateful for?  Well, among other things, I'm grateful for the fact that while I've been in the legal business for little over two decades (that's 20 years for you millennials), I've not had to actually litigate anything. Knock on wood but no one has sued me and I haven't had to sue anyone.   That's actually pretty impressive given that I live in the litigation capital of the world (i.e. California). Despite my good luck (so far), I have pity on people who come into my law library with problems.  Take, for example the guy that come in the other day.  He was embroiled in a family law matter and only recently his soon-to-be ex's lawyer filed a complaint for Joinder . Typically, when people seek Joinder in legal matters, it means that ...

I Was Just Getting Started

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I have always liked doing research.  From my early days in elementary school to post-graduate programs, if I had a choice of taking a test or writing a paper, I'd write the paper.  Always.  The thing is, I knew that there was no one , catch-all book where I could find everything.  I would pull facts and figures from dozens of resources and then start writing. Imagine my surprise, then, when years later I'm helping people do research in a law library and they are regularly put off when I tell them that there is no one tell-all book that lays all the law out for them in easy to read steps with pictures .  There was nothing like that in undergrad, why would there be something like that in a post-graduate study like law?  Really?! Anyway, I was thinking about this when a young lady came into my library the other day.  Seems she wanted information about foster children.   More to the point, she was looking for the rights of children in ...

The Tale Of Two Brothers

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The thing with the holiday season is that it starts tugging at the heartstrings.  People start longing to be with family, people start looking to go home, and kids look to be with mom and dad.  Well, some kids, anyway.   Some kids you kind of don't want to see again as all they want is more of everything (ungrateful little buggers).  Anyway, today's blog is a story about two diametrically opposed brothers who were in my law library a while back. Brother #1 was a nice enough guy.  Affable, dressed like Bing Crosby and spoke well of his mother.  Brother #2 was a jerk. He dressed like he lived on the Jersey Shore and spoke with a Harvard accent (even though he was from California).  Two brothers, two perspectives.  I know all about Brothers #1 and #2 because they came in on consecutive weeks seeking information about how to "best" deal with Mom's money.   See, Mom was about 88 years young and, apparently, was exhibiting earl...

Word Of The Month For August 2018: Connivance

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Do you remember the movie Hall Pass ?  Basically, a straight to DVD mid-life crisis flick about two guys who are given a "hall pass" by their wives to do whatever they want for a week.  That's right, whatever they want .  What do you think is going to happen?!  What do you think the wives thought was going to happen?!? I suspect the wives figured their husbands would shake out their mid-life blues and get on with life (or realize that the marriage is over and to get on with their lives).  Either way, there are going to be problems with the granting of a "hall pass" in that one "someone" is going to have hurt feelings. Before we get too far into our story of the month, let's define the word of the month: CONNIVANCE .  According to Black's Law Dictionary, CONNIVANCE   is: the act of indulging or ignoring another's wrongdoing, esp. when action should be taken to prevent it.  Family Law .  A defense to divorce, one spouse's corru...

Let Them Be

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It's officially summer time.  I remember when I was a kid during summer we took swimming lessons, went on picnics at the park, took vacations, and rode our bikes all around the city - alone .  That's right, I rode my bide into every corner of the city all by myself. Why is that an issue?  Well, apparently because there are a number of busy-body adults these days who think that leaving your kid alone for even a second is negligent parenting.   L ike that Maryland couple who saw their two kids get picked up by child protective services  ("CPS") simply because the parents let their kids walk home from the park.  Really?!  Mind your own freaking business, people! It's such a big thing that Utah took it upon themselves to be the first state in the Union to pass a law saying that kids can play alone outside without adult supervision .  Not just play but ride their bikes around town - without a parent or adult hovering over them. So, a...

Be A Leader

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Do you people even read my blog?  Looking at how many followers I have (all of 7), you'd think that no one pays any attention to the scripture falling from my fingertips. Actually, I was thinking about my seven faithful followers just the other day when an older, seasoned attorney came into my law library. Seems attorney was dealing with a settlement in a family law case. As he walked up to me, he handed me a dozen copies of various posts from my blog ( Legal Research is Easy ) and said, "I have scoured your blog and not once have you posted anything relating to QDROs." For those not in the know, a QDRO (or " Q ualified D omestic R elations O rder") works as a settlement order in a divorce case dividing retirement or pension plans by recognizing marital ownership by both parties (husband and wife).  So, when the pension is ready to be distributed, both husband and wife get their marital share.  It's a bit more complicated than that but that's ab...

This Is The Guy You Want On Your Team

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As a law Librarian, I deal in problems and am a purveyor of solutions.  If you've got a problem, I know where you can go to solve it.   Small claims? I know four resources that can help you. Bankruptcy?  Pick your chapter and I've got answers. RICO, unlawful detainer, criminal, appeals (civil OR criminal), military justice, estate planning, family law, tax, federal, UCC, real property (commercial or otherwise), contracts, personal injury.  Whatever you need, answers I've got. So, the other day, a newly minted attorney came into my law library hoping I was all I was hyped up to be.  Turns out he had just accepted a rather messy case.  I mean, it was one of those cases that if he won, it would put him on the map.  If he lost, well.... So, being newly minted and not knowing the ways of the legal world, I introduced him to the world of Continuing Education of the Bar (CEB) and showed him all the great things they offered like: California Civil D...

Word Of The Month For May 2018: Perjure

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Hopefully you have not but maybe you have been in embroiled in a legal case.  Maybe in the course of litigation, a witness was on the stand saying things that you, and everyone around them, knew they were lying (well, everyone except the judge). Such was the case with a person who came into my library the other day.   Seems lady was in the middle of her divorce case.  Soon-to-be-ex husband gets up on the stand and starts to spew falsehood after falsehood about the value of their once joint company.   She is sitting in her chair absolutely dumbfounded and could not believe her ears.  Good thing that his testimony was at the end of the day and the judge called for a recess until 10:00AM the following day. Lady is standing in front of me asking how is it possible that he can lie like that?  Of course, this brings us to our word of the month: PERJURE .  According to Black's Law Dictionary, PERJURE means: To make (oneself) culpable of de...

Word Of The Month For April 2018: Disneyland Parent

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Ain't love grand?  First there's the dating, Then the courtship, then the wedding, the wife thing, kids, house/mortgage, vacations, cars, clothes, in-laws and toys.  Lots and lots of toys.   Imagine, then, when a person gets divorced and one ex has more expendable "resources" than the other.  Imagine, then, when the kids come home from the ex who has more expendable resources and the kids are saying stuff like: Well, [the other] parent lets us stay up to midnight and buys us all the candy we can stand and takes to (pick the amusement part of your choice).   Yeah, it can make for a real nightmare.   This all brings us to our word of the month: DISNEYLAND PARENT .  According to Black's Law Dictionary , a DISNEYLAND PARENT is: A noncustodial parent who indulges his or her child with gifts and good times during visitation and leaves most or all disciplinary responsibilities to the other parent; esp., a noncustodial parent who provides lux...

Sometimes You're The Nut

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The duduk kasus with being an omnipotent law Librarian is that after a while of hitting on all 16 cylinders, pulling answers out of the sky like they were cotton candy, you start to feel all powerful, thinking you know everything - until you skip a beat and you can't find anything.  Then you start to question the sanity of the universe. Such was my life the other day.  Seems this Guy came into my law library.  Seems Guy had just been in family court where his ex-wife had filed a motion to legally change his son's name to her new flame's name.  Judge told Guy she'd deny the motion if he could find something to prevent the change.  Guy was under the gun and came to me - the omnipotent Librarian - to help him in his hour of need.  I looked everywhere and couldn't find anything for him.  I mean, EVERYWHERE!  Guy flips out claiming that everyone told him that I was THE go to Librarian when you can't find something and that I failed him. Hu...

No Where To Go But Up

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It's amazing the things people do to mess up their lives. Take, for instance, the young lady who came into my law library the other day.  Seems lady had a husband, beautiful children, and lived in a house.  In summer, they went on vacation back east, in winter they vacationed in Aspen.  It was a great life. Was . One day, lady met a guy at work.  Guy wasn't anything great except that Guy was new.  Lady wanted new.  Apparently, she wanted it so much that, after work one day, she told her husband that she was moving in with Guy and would be back to pick up her 3-year old son. Husband was not happy and he filed for divorce the next day. After lady had been served, she flipped out and attacked husband.  Husband called the police, police arrested lady and charges her with domestic violence under California Penal Code 243  and Husband got a restraining order against lady.  The next night, lady came back and was arrested for violating the re...