Rivka Israel, Esq. is an experienced and knowledgeable Family Law attorney who practices Family Law in San Diego, CA. Rivka was admitted to the State Bar of California in 2000. In June of 2009, after years of working for large law firms, Rivka opened her own law office and redirected her focus to self-help assistance, consulting services, document drafting, stipulated agreements and settlements, uncontested divorces, individual assistance and personal guidance in the area Family and LGBT Family Law issues. Rivka is active in the community and is a member of the GSDBA as well as on the the GSDBA Advocacy Committee. Rivka also writes articles for local LGBT medi outlits and gives seminars regarding LGBT Family Law issues.
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- Family Legal Ease, Law Office of Rivka Israel, Esq.
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- Bar Ilan University
- California Western School of Law
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- Q. Does a fiance inherit the girls friends bills when he marries her.
- A: In California, debts and assets acquired during the marriage are community property. Debts and assets from prior to the marriage are the individual's separate property. So, the short answer is, no. Please feel free to contact me if I can be of assistance. Rivka Israel, Esq. Family Legal Ease (858) 487-3279
- Q. How do I share joint custody if father is homeless
- A: It depends what your court orders specifies. Joint custody refers to the legal right to make decisions regarding the children. It does not refer to an access schedule. Unless the court order specifies daily access he does not have the right to demand it. As parents to your children you are able to agree to whatever schedule you are both ok with. If he is unwilling to be reasonable then you may require court intervention. You can also request court 'mediation' (Family Court Services), depending on your county. There is insufficient information to give any more detailed an answer. It would be best for you to at least consult with a Family Law attorney to obtain more detailed information and legal advice. Rivka Israel, Esq. (858) 487-3279 www.FamilyLegalEase.com
- Q. My father was granted Temporary Custody of me. Can my mother get it back?
- A: You have provided quite a bit of information. However, I think you will likely hear from most, if not all, attorneys you ask or who respond that your mother has to be the one who seeks the information. In general, if there are no grounds to keep custody from your mother she should be able to get custody back. However, the issue will be moot as soon as you turn 18 anyway. Custody orders cease when the child turns 18 absent extenuating circumstances. If this is something you would like your mother to pursue you should have her call a lawyer Rivka Israel, Esq.
- Q. I just found out the summery of dusalusinent of my marriage to my first husband didn't go through its status is pending
- A: This is a complicated situation and a somewhat complicated procedure. It certainly falls into the category of a good time to consult with a lawyer. In a nutshell: If the Judgment of Dissolution was submitted but not processed you can go before the court and ask for it to be entered Nunc Pro Tunc - retroactively. If, however, it was not submitted to the court then you are still married and the dissolution will not be able to be made retroactive. Grounds for entry of a Judgment Nunc Pro Tunc include that the Judgment was not entered but could have been. If you are still married to your prior spouse then your current marriage is not valid and can be annulled. You could, however, still be considered a putative spouse. Putative spouses may get similar rights as those awarded to spouses. If your second husband has passed away that can make things complicated as well. I would recommend that you consult with an attorney who is familiar with this issue and provide the lawyer with more detailed information.
- Q. I need to appeal a custody order in family law what legal documents do I need for that and what is a supp declaration
- A: In your question you asked what documents you need to file an appeal. A step-by-step guide to the Civil Appellate Practices and Procedures for Self-Represented litigants can be found on the court website at: http://www.courts.ca.gov/8676.htm The forms can be found online at: http://www.courts.ca.gov/2746.htm#tab7890 and the fees can be found at: http://www.courts.ca.gov/3190.htm. The court of appeals, at least here in San Diego, is very helpful to self-represented litigants. The forms and process are one aspect of an appeal, you must also have grounds. Your supp declaration is your supporting declaration in which you include the facts on which you are relying and on which the court will rely in consideration of your appeal It is always a good idea to also at least consult with an appeals lawyer. Appeals can be complicated.
- Q. I'm making payments on past due child support can they still take my tax return
- A: The simple answer is, yes. The department of child support services typically does take tax refunds for child support arrears cases. There is a way to avoid this occurring in the future.
- Q. Entering into a default dissolution with an agreement but the last name of my partner is now different from the petition
- A: If your partner changed her name prior to the filing of the dissolution the Petition should be amended to correct her name. This is not complicated to do but the Petition would then have to be reserved on your partner. If she changed her name after you filed your Petition then you can submit to the court a copy of the name change documents and the court should accept it that way.
- Q. My daughter's mother refuses to agree to a schedule of when I can see my daughter. What are my rights?
- A: What you can or should do depends on whether you and the child's mother were married and divorced. Generally, if you and the mother were not married and you are the biological father of the child you would have to file a parentage case to be recognized as the child's father. You would have to file this action in the state in which the child resides, so in Texas. When filing your parentage action, requesting parental recognition, you would also request an order for custody and visitation. You would have to consult with a Texas attorney for instructions on how to go about filing your case there. Each state has their own forms, laws and procedures. Unfortunately, since the child does not reside in California you can not file an action for custody in California.
- Q. I was awarded spousal support for life in 2004 in CA. I have not received anything since 2011. Can I file a contempt?
- A: The simple answer is yes. You most certainly could file for contempt however, that would not get you your money. You can enforce a spousal support order against your spouse and by means of legal enforcement tools and in California support arrears accrue 10% simple annual interest, by law. You would, most likely, need to hire an attorney to assist you since you do not reside in California and, therefore, can't do it yourself.