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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30389
Experience:  Attorney with experience in family law.
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I live in Santa , CA and our divorce was tried in our local

Customer Question

I live in Santa Barbara, CA and our divorce was tried in our local court. The decision was made Sept 2015. I would like the judge to clarify and to rule on two issues which were either not specifically spelled out or addressed during our trial. How do I follow up with the Judge?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. Though I was represented for most of my case, I self-represented for trial (what a train wreck!). I will self represent for these issues, too.
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else the Family Lawyer should be aware of?
Customer: First issue, we have three children. Each has a 529 education account. I am listed as co-account owner on only one of the three accounts. I've asked my ex to please list me as co-owner on the other two. He refuses. These accounts are not custodial accounts. The account owner has full control of the account (per Charles Scwab, Us New, IRS, etc). Therefore, he has control over $60K which were not apart of original decision.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

You can request a ruling on any issues that were not resolved during the divorce via the Request for Order form, which is also used to modify or clarify existing orders. If you need more space to explain what you're trying to do, you can attach a separate declaration (up to 10 pages).

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

Customer: replied 1 year ago.
Thanks, Lucy.The other issue is regarding the Judge's ruling on child care. The court states "age-appropriate" childcare must be provided. My kids are 11, 12 and 17. California state doesn't have a specific age children can be left alone. I believe that my kids are capable of staying home after school while I'm at work (mind you, I only returned to work cause he left us). When my kids go over to his house after school during my custodial time, he won't send them home when I direct them. We live .2 mile apart (less than a highschool track field) in a very safe neighbor to walk or ride their bikes. He also plans things during my custodial time without consulting me first. I'm tired of my ex's actions and would the Judge to clarify what he meant.
Expert:  Lucy, Esq. replied 1 year ago.

Technically, he's in contempt of court for keeping the kids during your custodial time. I could maybe see his point if the OLDEST were 11. But the 17-year-old should be easily able to stay home alone OR with the other two. It would be silly to have to hire a baby-sitter for someone who's almost an adult. Since the two of you can't agree, you can ask the judge to resolve it. In the declaration, you'll primarily want to talk about the maturity of the 11 and 12 year old and why you believe they're capable of remaining at home without adult supervision (although you should still mention the oldest).

At the very least, I'd be surprised if you cant get an order that all three of them can walk the .2 miles and stay at your home during the day when they're together.