FAQs

Frequently Asked Questions

Over our many years of practicing family law, we here are Fischer & Van Thiel have been asked a great number of questions, many of which arise more often than others. In order to provide you with quick answers to your most pressing concerns, we have provided you with this section of frequently asked questions. Here, you will find a listing of some of the questions we encounter most frequently, as well as their answers.

If you do not see your specific inquiry posted below, please check back at a later date. We will be updating this area frequently. To get immediate answers, contact the Oceanside divorce attorneys of Fischer & Van Thiel today at 760-722-7646.

Child Custody (16)

Question Detail The mother of my three children and I never went to court to decide custody when we split and/or thereafter. We continued to live in the same city and I was in the children’s lives. A couple of years ago she disappeared with the kids. Just recently I found out that she moved…

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Question Detail My permanent residence is in Washington State with my four minor children. However my husband left to California to live with his parents eight months ago when we began to have marital problems. I recently in January came to California with the two youngest children to try to save my marriage and pursue…

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Question Detail I am thinking about giving up my rights to my children. What consequences would I face if I wanted to do so? Would I still be required to pay child support?  Mike’s Answer: You cannot give up your rights as a father to get out of your obligation to pay child support. However,…

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Child Support (3)

Question Detail Can I have full custody of my son if his father in jail? I get child support, we are not together and he has no job. Answer Yes you can file a motion with the Court asking to have full custody of your child awarded to you while the father is in jail….

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Question Detail I met a girl a while ago and we made out a few times but did nothing more (a.k.a no intercourse). All of a sudden I start receiving calls from a child support office claiming that I am the father of this girl’s child and have to pay child support for her baby….

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Question Detail My niece’s husband left her and isn’t paying her any support. She doesn’t have money because she has three children and no job. What can she do?  Mike’s Answer: In addition to filing for dissolution, she can file a motion with the court requesting child and spousal support. If she is unable to…

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Divorce (17)

Question Detail Me and my ex-boyfriend have no legal custody agreement for our four month old. I am the custodial parent, and he signed the birth certificate and now wants a DNA test. Can I deny him visitation, and if I do will it reflect badly on me in court later? Craig’s Answer: If there…

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Question Detail I filed for divorce after being married for only one month. A few weeks later after filing my husband convinced me to stop the divorce and I did. After counseling and trying to work it out I still want a divorce. Come to find out I filed a “dismissal with prejudice” can I…

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Question Detail My boyfriend and I lived in the state of Nevada. Our son was two months old when I came to California. When my son was 4 months old my boyfriend decided to move out to California. Two months later things didn’t work out and my ex moved back to Nevada. Immediately I filed…

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Domestic Violence (1)

Question Detail Is it easy to find a lawyer specializing in domestic violence? I need to get a lawyer who specializes in domestic violence. I need to make sure everything is taken care of since this is my first offense. Answer If you are being charged with a crime that relates to domestic violence, you…

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Enforcement (2)

Question Detail What can I do if my ex-husband doesn’t comply with the marital settlement agreement? Our case is in California. Craig’s Answer: There are many remedies available to you if your ex-husband does not comply with your MSA. Has your MSA been entered as a judgment yet? If not you would want to make…

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Question Detail I was awarded monies from spouses 401k in divorce. What forms do need, or how do I go about collecting?  Mike’s Answer: A Qualified Domestic Relations Order (QDRO) should be prepared, filed and served on the 401K administrator. If your divorce judgment did not provide for a QDRO, you should file an Order…

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Family Law (34)

Question Detail My son was in his grandmother’s custody when he was about a year old. His mother had left town for nine months and I had him every weekend for visitation. The grandmother had to go into a mental institution at one point and my son was taken from her and almost put into…

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Question Detail I filed for divorce after being married for only one month. A few weeks later after filing my husband convinced me to stop the divorce and I did. After counseling and trying to work it out I still want a divorce. Come to find out I filed a “dismissal with prejudice” can I…

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Question Detail I am marrying my boyfriend in March, and he has two children, who I adore. Will I have any rights to the kids as stepmom if my boyfriend and his ex share custody? Answer Being a stepparent does not confer any rights or impose any duties.  Any support a stepparent provides to a…

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Paternity (5)

Question Detail I am thinking about giving up my rights to my children. What consequences would I face if I wanted to do so? Would I still be required to pay child support?  Mike’s Answer: You cannot give up your rights as a father to get out of your obligation to pay child support. However,…

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Question Detail Can a disabled spouse who has a mental disability retain legal joint custody of the children? The father is on SSDI with mental issues and has a recent felony, and the mother is full time employed Craig’s Answer: When deciding custody and visitation issues, the court uses the “best interests” of the child…

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Question Detail Me and my ex-boyfriend have no legal custody agreement for our four month old. I am the custodial parent, and he signed the birth certificate and now wants a DNA test. Can I deny him visitation, and if I do will it reflect badly on me in court later? Craig’s Answer: If there…

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Property Division (1)

Yes, even if the other party is not going to contest it, you have to reveal your 401k during your California divorce. There are consequences if you choose not to disclose all of your assets and debts during your divorce. Such penalties include having your final judgment set aside and financial penalties.


Spousal Support / Alimony (4)

There are many factors a court evaluates when determining whether a spousal support order should be issued. Family Code section 4320 explains all of the factors, which include: length of the marriage, income of the parties and standard of living established during the marriage. If your ex quit his job, you can ask the court…

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Question Detail Under what circumstances would spousal support not be awarded in a divorce? Answer Pursuant to Family Code § 4300, an individual owes a duty to support his or her spouse.  In a judgment of dissolution of marriage or legal separation of the parties, the court may order a party to pay for the…

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Alimony, otherwise known as spousal support, is a monetary payment that one former spouse must make to the other one. Typically, alimony is awarded in cases where one spouse is reliant on the other for financial support. Alimony allows this individual to maintain his or her standard of living and reduces the financial stress he…

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