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 760-904-3094.

Child Custody (16)

When determining which party gets custody of the child, the court must act “in the best interest of the child(ren).” In most instances, this means that the parents will have joint custody of the youth. In these cases, the parents share time spent with the children and make joint decisions about the children’s education and…

Read More


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…

Read More


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…

Read More


Divorce (17)

Divorce cases are all unique, and depending on the complexity of the situation and the cooperativeness of the involved parties, they will take different amounts of time to resolve. With the addition of child custody, domestic violence, and property arguments, the situation will become more and more complicated. In general, however, most cases can be…

Read More


Question Detail Are any gifts I received while married considered to be part of the assets to be divided between me and my spouse?  Mike’s Answer: Generally, gifts are the separate property of the party who received them. This is true whether the gift was given prior to marriage or during marriage.


Question Detail I have been married to my husband, who is in a California prison, for 6 years. I want to divorce him, but will this be like a normal divorce? Will an attorney help? Answer Yes, you can get divorced from your husband who is in a California prison. The procedure will not be…

Read More


Spousal Support / Alimony (4)

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…

Read More


When you file for divorce you can request child and spousal support. In determining spousal support,the court will consider various factors such as length of the marriage, income of the parties and standard of living established during the marriage. You may also file an ex parte motion to go to court immediately to try and…

Read More


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…

Read More


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.


Family Law (34)

When determining which party gets custody of the child, the court must act “in the best interest of the child(ren).” In most instances, this means that the parents will have joint custody of the youth. In these cases, the parents share time spent with the children and make joint decisions about the children’s education and…

Read More


Question Detail If my husband purchased the house and we are going to get a divorce, can I still be entitled to the house? Answer It depends on many factors. In California, any assets purchased during marriage is presumed to be community property. If it is in fact community property than you will be entitled…

Read More


Question Detail When parents are divorced and have equal and joint custody of their child, does a child need both parents approval in order to go away to something like a private school or college prep school? It is a boarding school scenario. If the child does need the approval of both parents, then can…

Read More


Paternity (5)

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…

Read More


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…

Read More


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…

Read More


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…

Read More


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…

Read More


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…

Read More


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….

Read More


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….

Read More


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…

Read More