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Stanley D. Prowse
Works at Law Office of Stan Prowse
Attended Harvard Law School
Lives in Carlsbad California
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What happens if I don't pay child support?  You're in trouble.....!

If you don't pay child support you could wind up in jail, your pay can be garnished, a lien can be placed on your home.

For more information please see our article below:
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Have a look at our latest article.  It could be useful to you and your clients.  This article is a list of 5 things to remember about child support.
This is a quick to-do list written to be helpful.
If a divorcing couple has minor children, child support will be one of the main issues in their divorce.
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A recent client question:  Should I cancel California divorce and refile in South Carolina?  I filed for divorce 8/2012 while living w/ my husband in Los Angeles. I moved home to South Carolina 10/2012. The divorce was uncontested/no kids or real estate and only final forms to be filed, but my husband now wants to go to court just to be spiteful, knowing that would be hard for me, being cross country. Can I cancel my current California divorce, and how do I do that? I am considering refiling in SC so that he would have to come here for court. 
Also, if I cannot cancel CA/refile in SC, how do I ask to postpone a court hearing in CA? A hearing is currently scheduled for 12/17/13, but I cannot afford to go back until at least Feb 2014. 
Thank you!

Our Answer:   You "cancel" a lawsuit you've brought by filing a request for dismissal. In general, you're not allowed to dismiss a divorce petition if the other party has filed a response. It sounds as if your husband did, so you're out of luck. Courts call a postponement a "continuance." Since you can't show up and ask for one, I suggest you contact a company called Court Call and set up an appearance by telephone at the hearing. When you hear your case called, immediately ask for a continuance.
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Stanley D. Prowse

Arkansas / California  - 
 
Clients Property Question:  
Vehicles involved in separation prior to divorce?
I want to know if i have the right to take a car that is in my name only, on the contract. I am still paying for the car and wife is still driving. I have another car and its paid for. I need to either refinance or trade this owed for car in to reduce the payments, so i can afford it and live in another house. We have 2 children 12 and 18, youngest is with her and oldest is with me, both still in school. do i have an option? or what would be the best decision?

Our Answer:   
Texas, as I recall, is a community property state (I'm in California). If you bought the car after marriage, it's probably community property even though it's registered only to you. You can legally do with the vehicle the things you would like to do, because (in addition to your name alone on the registration) you and your wife have equal rights to manage community property. However, give some thought to your wife's reaction if you swipe "her" car and dispose of it behind her back. 'Hell hath no fury like a woman scorned.' Sounds as if you may be behind schedule in filing for divorce. However, In some states there are automatic restraining orders that go into effect once the divorce is filed, and they would stop you. Good luck.
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Question Community Property:  
My ex stole my car and his name is on the loan and registration.how can I get my car back or take my name off of it.
I have paid the note for the car out of my personal bank account that he is not on for the whole 2 and half years I have had this car. the insurance is also in my name with him as an excluded driver, he is listed on the loan but does not drive the car pay the ins or note.

Our Answer:
We have to start with, who owns the car? It seems you and your ex are both shown on the registration as a "legal" owner. Because he's a legal owner, he can't steal the car - as far as the rest of the world is concerned, he has the same right as you do to possess it and use it. In legal terms, the two of you own the car as "tenants in common," or whatever the word for co-ownership is under Louisiana law. (I'm in California.) So you can't get it back by telling the police he stole it. At the same time, if you have the keys and you know where it is, you can just drive away with it at 3 am if it's not garaged, and he can't accuse you of stealing it either. It would help if you had included in your question why he's on the registration in the first place. If he has an accident, I believe you will be liable for any damage or injuries because you are a co-owner. If you can't take it back yourself for some reason or another, call the department of motor vehicles (whatever its name is in Louisiana) and ask if you can simply transfer your interest in the car to him by filling out a form. I believe the answer will be yes. That would at least insulate you from liability for an accident he might have. If he doesn't make the payments, the lender will repo the car, which I'd guess may not be worth the loan balance. The lender will then look to both of you to pay off the difference between what's owed and what they get for the car when they sell it at a wholesale auction. If the car is worth more than the loan balance, the lender will pay the excess to you and to him, since you're both on the loan. I gather you were the only one previously driving car, so you received all the benefit of making the payments. for that reason and others, how much he may owe you legally is a murky question and depends on how the situation unfolds, so I'm not going to try to answer it. Another complication is the damage to your credit if you relinquish ownership to him and he defaults on the loan. Lastly, you didn't mention whether he's an ex-boyfriend or an ex-husband. If he's the latter, and you divorced after the car was purchased, the divorce court should order him to return the car to you if it was awarded to you in the divorce, and also order him cooperate in reregistering the car in your name alone. He'd be in contempt if he didn't comply. It also occurs to me that it would make sense to call your insurance company and find out if you can get him insured as a driver of the car until the situation gets resolved.
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Divorce Question:
My stepfather filed for a divorce in October 1st, can my mom lose everything if she doesn't sign by December 1st?
My step father filed for a divorce in October 1st and he is forcing my mom to sign the divorce papers where she doesn't get nothing in U.S.A ( they have some property in Colombia south America) and he is saying that if she doesn't sign, she can lose everything in Colombia, is that true? 

-She didn't know when he filed the divorce , she never got any papers, it would be better to sign? 
-can she get suit if she doesn't sign? 
- we do really need a lawyer but he took all the money from her, any idea how we can pay a lawyer? 
-does she really has to sign or get a lawyer by December 1st? ( it would be 60 days on December 1st since he filed for the divorce) 

please give me a good answer and explain how do you think we should act. thank you!

Our Answer:
Yikes. He can obtain a default judgment against her if she doesn't file within the time allowed (if he's willing to find some one to say she was served). She can probably get a waiver of the filing fee if she's broke. There may be a preprinted form for an answer she could fill out herself. She should call the court and find out if there is a free service help people who can't afford lawyers.
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Joe has two children ages 4 and 7.  Joe's ex wife Sally lives in Hawaii and her  14 year old son, who has mental issues, lives with her.  On several occasions the 14 year old showed the girls his private parts and thought that this was funny.  When it was time for the girls to visit their mother in Hawaii, they were petrified and resisted going to visit Mom.

There was only two weeks before the date visitation commenced.  I took them to Family Court and demonstrated that being in the presence of the 14 year old boy while his Mom was running errands was harmful to the girls.  The Court ordered the visitation order reversed immediately. For more information on Child Custody Disputes, please see our website below.
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Stanley D. Prowse

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Thank you Josh for your kind review of our services.
We greatly appreciate your recommendation.
reviewed:
Law Offices Of Stanley D. Prowse
5876 Owens Ave #150, Carlsbad, CA 92008
Stanley Prowse is a good man who is willing to tell you the honest truth. He will say the tough words that need to be said. He helped me out with my business law, and I would definitely recommend him.
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Clients Stock Ownership Question:  When is a signature required?

23 yrs. ago, I and one other started a company investing in and managing real estate and received shares (50% of total issued) in the private company. 20 yrs ago, I stopped all association with company and partner, but keep stock. Today, I want to sell stock. Now the company (only other shareholder) said I verbally gave up my shares (without my signature) 20 yrs ago. I have original certificate showing ownership (no releases or transfers noted). Other shareholder acknowledges my certificate as original, but insists that a verbal arrangement was entered into. No arrangement was agreed upon verbal or otherwise. I never asked for / nor received any corp. records, tax returns, dividends, notices of meetings, any records of meetings, state filings etc.  Thank you for your assistance!

Our Answer:  
If you walked into my office with this, the first thing I'd want to know is what the shares are worth. With no written records one way or the other, and the passage of 20 years, fighting over this in court could be very expensive and risky. On the other hand, you have the original certificate, which puts the burden of proving you don't own the shares on them. Furthermore, if you owned half the shares, anything your "partner" might have done since you pulled out to deprive you of your interest would probably be void. You need a majority of shares to elect directors, and a majority of directors to make management decisions, and he didn't have a majority. Consult with a lawyer and make waves. But bear in mind that if there's nothing to get at the end, you don't want to throw money away getting there.
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Clients Property Question:  
Vehicles involved in separation prior to divorce?
I want to know if i have the right to take a car that is in my name only, on the contract. I am still paying for the car and wife is still driving. I have another car and its paid for. I need to either refinance or trade this owed for car in to reduce the payments, so i can afford it and live in another house. We have 2 children 12 and 18, youngest is with her and oldest is with me, both still in school. do i have an option? or what would be the best decision?

Our Answer:   
Texas, as I recall, is a community property state (I'm in California). If you bought the car after marriage, it's probably community property even though it's registered only to you. You can legally do with the vehicle the things you would like to do, because (in addition to your name alone on the registration) you and your wife have equal rights to manage community property. However, give some thought to your wife's reaction if you swipe "her" car and dispose of it behind her back. 'Hell hath no fury like a woman scorned.' Sounds as if you may be behind schedule in filing for divorce. However, In some states there are automatic restraining orders that go into effect once the divorce is filed, and they would stop you. Good luck.
3
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Divorce Question:
My stepfather filed for a divorce in October 1st, can my mom lose everything if she doesn't sign by December 1st?
My step father filed for a divorce in October 1st and he is forcing my mom to sign the divorce papers where she doesn't get nothing in U.S.A ( they have some property in Colombia south America) and he is saying that if she doesn't sign, she can lose everything in Colombia, is that true? 

-She didn't know when he filed the divorce , she never got any papers, it would be better to sign? 
-can she get suit if she doesn't sign? 
- we do really need a lawyer but he took all the money from her, any idea how we can pay a lawyer? 
-does she really has to sign or get a lawyer by December 1st? ( it would be 60 days on December 1st since he filed for the divorce) 

please give me a good answer and explain how do you think we should act. thank you!

Our Answer:
Yikes. He can obtain a default judgment against her if she doesn't file within the time allowed (if he's willing to find some one to say she was served). She can probably get a waiver of the filing fee if she's broke. There may be a preprinted form for an answer she could fill out herself. She should call the court and find out if there is a free service help people who can't afford lawyers.
1
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Stanley D. Prowse

Arkansas / California  - 
 
Clients Privacy Question:   
I am separated. He has nude pictures of me on a hard drive. What are my rights to insure he does not share these out?  
My husband left me recently and took his desktop along with two external hard drives containing an array of pictures. Among those pictures are nude before and after shots of me. What rights do I have to ensure he does not distribute, share and or expose those to the public without my consent?

This is a right to privacy issue. The pictures were apparently taken with your consent. However, apparently you had a reasonable expectation of privacy when he took them. If so, you can probably obtain a court order that he not disseminate them. File for divorce and ask the family law judge to make such an order.
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Work
Occupation
Attorney - Certified Family Law, Divorce, Civil Litigation, Real Estate, Business, Construction
Skills
Solving Legal Problems with Determination and Integrity for 30 Years
Employment
  • Law Office of Stan Prowse
    Attorney, 1987 - present
    Family Law and Divorce Law Attorney Child Custody & Child Support Attorney Premarital Agreements California Real Estate Law Foreclosure Law Landlord Tenant Law Business Law Attorney Legal Partnerships and Corporation
Places
Map of the places this user has livedMap of the places this user has livedMap of the places this user has lived
Currently
Carlsbad California
Contact Information
Work
Phone
760.438.8460
Email
Address
5876 Owens Avenue, Suite 150, Carlsbad, California 92008
Story
Tagline
Over 30 Years of Legal Experience - Divorce, Family Law, Civil Litigation
Introduction
Fighting for my clients is what I've been trained to do.
There is no greater reward for me than a judgment in my client's favor.

Give us a call for a free consultation, “How can we help you with your legal needs?” is the first thing you’ll hear. We mean it.

Stan Prowse
Bragging rights
Over 30 Years Legal Experience J.D. Harvard Law School ‘73 M.A. Columbia University B.A. Yale University
Education
  • Harvard Law School
    Law School, 1973
    Civil Litigation Business Law Real Estate Law Doctorate Degree
  • Columbia University
    School of International Affairs, 1969
    International Affairs MA History
  • Yale College
    European History, 1967
    Modern European History Bachelor's Degree Graduated Magna Cum Laude
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Male
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