Nunc pro Tunc Questions?

[rmet4nzkx]

You will fill out the MC410 and ask for teleconference, fax filing /communication as accommodations, you will make arrangements to fax that to the ADA coordinator in San Diego Co and fill one out for use with the FLF office you work with up north. Don't attempt to work with Monterey county, they don't have an ADA cordinator and openly discrimanate against disabled persons. Try going to Santa Cruz or Santa Clara county FLF offices for assistance. Also Rural legal aid in your area is very limited. You should be able to get a referal to an attorney in your area by calling one of these offices they have a list of attorneys and can fax it to you, also discuss with them your disability case and application or you can call the bar association.

(Covering Monterey, San Benito, and Santa Cruz Counties)
Central Coast Center for Independent Living

234 Capitol Street, Suite B
Salinas, CA 93901
(831) 757-2968 (Voice)
(831) 757-3813 TTY
(831) 757-5549 FAX
Elsa Quezada, Executive Director
www.cccil.org

Santa Cruz Office
1395 41st Avenue, Suite B
Capitola, CA 95010
(831) 462-8720 (Voice)
(831) 462-8729 TTY
(831) 462-8727 FAX

San Benito Office
1111 San Felipe Road
Hollister, CA 95023
(831) 636-5196 (Voice)
(831) 637-3265 TTY

Monterey Office
800 Scott Street
Sand City, CA 93955
(831) 899-4988 (Voice)
(831) 393-8259 FAX

 

[rmet4nzkx]

I am reading the ADA page and it's becoming clearer now, I don't think you have to answer the above ques except do i still qualify if I'm still in the process of my work comp claim or should i ask them? If they say NO then I will ask the other questions!!! Duh!! I will get this yet......

These are decided on a case by case basis, you don't have to be totally or permenantly disabled you just explain and provide what proof you have and if the judge has any questions they can discuss the Accommodation with you.

 

[Theresalee]

I just talked to theSan Diego family law clerk and she was real careful not to give legal advice but had someone look up my divorce case for me.. She said it appeared I was divorcedd legally 1 month before my June 10th wedding date. She said I was served and it was filed Sept 1984 then divorce was granted in May.. She also stated that this same attorney has made this same mistake before... But it still stands that my divorce decree says parties shall not remarry until june 10th which was the last file date which the court clerk even said was wrong!!!! Should I still file? I'm guessing so to be on the safe side? I said so I am married ? and she said well I can't give legl advice but it appears by the paper work blah, blah and told me to come down there and they could solve it in one day... Wponder if i should try to make a trip? Or just do what you told me too? Thanks for these numbers I didn't find them listed at all!!

 

[rmet4nzkx]

Good then it's clear that there is a mistake, but you still need the Nunc pro Tunc in your file, so you don't find your self arguing it later. Still contact the ADA coordinator in SanDiego county and fax them the MC410 ask for the accommodations, then you can take care of by phone and Fax what ever you could do in person and they may even fax you the filed copy of the Nunc pro Tunc when you are done. People make errors, that is why cccp 473 exists and the Nunc pro Tunc to correct the record, but like with orders, what is signed, and filed is what in place.

There was a case where young mother had left the marriage and moved to a bigger city and her husband was to care for the childen for the week or so until she got settled in and then get the children so as to not have more stress for the children. as soon as she let he went to a judge in their small town and got sole custody and she had to fight to get limited visitation, he even got visitation of her child from a pervious relationship. Thus she lost her children and cost more for child support and transportation than she made. The divorce went through and gave him the family home. How much worse could it get. Well several weeks later her husband died suddenly and the divorce papers were not signed by the judge yet, so everything was restored to her because the order was not signed and technically she was not divorced.

In your case the order is signed, the dates are wrong, you need the dates corrected to what was intended instead of someone counting the months off wrong, 7 instead of 6. You have the forms for the Nunc pro Tunc and you can write the declaration in the form as allowed. Work on the declaratuon tonight and take care of the MC410 tomorrow first thing tomorrow morning hopefully it will be approved and ask when you can file the Nunc pro Tunc form.

Call the people at those numbers they can help you with a lot of things, maybe even a divorce attorney if and or when the time comes. Once you get this settled, your husband will have one less thing to hang over your head. Maybe you can concentrate on the disability issues.

 

[Theresalee]

Thank You so much!! My computer was down all day or I would have read this earlier.. I will have to start on Monday b/c I had two Dr appointments today but I will Monday first thing and I wrote those numbers down too.... Thank you! He was counting on us not being married so he can keep his stupid retirement and no support... I know it!!! Well it was a mistake!! Thanks again...

 

[rmet4nzkx]

Well we can celebrate once the ink is dry on the Nunc pro Tunc and you are legally married.

 

[Theresalee]

CA
Yes it's me again!!!
I am in the process of all this paperwork, I just filed the mc410 with the San Diego court. I talked to the ADA coordinator and she just advised me on what to do as far as this form is concerned and filling it out and then send back. I'm waiting....
I am still having problems getting help filling out this nunc pro tunc. I called the numbers and they passed me around like someone with a disease saying we help with disibility's etc.. but we don't help with legal papers.. Then some have never heard of a nunc pro tunc and gave me numbers to attorneys? I may just go ahead and hire a paralegal for $100.00 an hour? Do you think that is a good idea? Will it take them long to fill it out?
My second Ques. is....
My husband (or not) and I had a big blow up, and he let it slip out of anger that I was full of **** about this and that it was the mistake of our attorney on the decree and the courts wont fix it, but he was just allowing me to do this b/c I was so determined too.. and that we need to get an annulment and just get remarried? ( If we were to stay married) I told him you can't just get an annulment? He told me if the marriage was illegal to begin with he could and if he wanted to be an ass he would do it? Can he do this? He said he found this info on some legal info site. I asked for the name but he couldn't remember. I told him it's not happening with this annulment and me just throwing away 20 years wether I want to stay married or not... I am trying to get this done as fast as I can, and it's not easy.. but I'm doing my best. Thanks.....

 

[Theresalee]

CA....
O.K let me see if I can at least get this one question answered, if not can you post another site where I can find it myself?
The ques..... Can someone who found out his marriage was illegal after 20 years of living as man and wife get an anulment?
PS. I think he has known about this from day one b/c I found his writting on another copy of the decree right under the final date with my attorneys phone number and the date June 10th with a ? mark next to it....
(This has to be every mans dream when getting a divorce!!)

 

[rmet4nzkx]

I must has missed your post yesterday, sorrrrrryyyyy
Call an attorney to fill out the papers it should not take long if you cannot do it your self, the biggest part is the declaration which you will have to do anyway.

Yes he could get an annulment, however, it will cost more money and he won't get it because he knew of the error on the divorce decree and married you anyway, it would be different if he just found out and in your response would point out that you are getting the Nunc pro Tunc or will have it by the time he does anything anyway. Please write your declaration, it should not be difficult. And as I said Rural legal aid may not be of any help don't even try Monterey county, try Santa Cruz or Santa Clara county for help.

If he did ask for advice from a legal site, the answer he got would depend on how he asked the question, remember, you got different answers here until we had the facts. Does he know you are getting help here or are you keeping silent?

 

[Theresalee]

I am keeping silent for now, however I did tell him I had gotten advice about this nunc pro tunc... What I want if I find we can work this out is to stay married when all this is done but..... anything could happen and I just don't trust him right now, with good reason!! But I will figure it out some how... He did ask how I learned about the nunc pro tunc and i told him I posted at a site and asked a question. He says it's a bunch of crap and he is just allowing me to do this to prove he is right!! He is a very smart guy but Law isn't his thing but as I said he finds things out from people pretty quick like the anulment, I didn't know that? anyway I will work on getting this paperwork filled out cause I'm hoping to hear back from the ADA Cordinator soon.. I just got all the appropriate notes from my DR saying I shouldn't drive more then 40 minutes and that I am totally temp. disabaled. This will probably be done before he does anything is what you are saying so thats good news.. He did agree to hire someone for me to fill that out so I will take him up on the offer. Thanks,

 

[rmet4nzkx]

Well that will greatly relieve your stress being able to get an attorney to fill out your forms, however, you can still file the forms yourself and limit the cost, being able to file by fax and appear by telephone with the MC410 will make it much easier in the long run and save you money. Even if he were to get an annulment, you could fight it and it would cost him big bucks. Hopefully, once you get this resolved, his attitude will change.

 

[ENASNI]

umm

Rmet you are sounding like meganposer

Lucky for the Op your information is correct.. from what I have researched.

and no Doc...I only research for knowledge..not to check up on you!

How are your strawberries... you know I love them berries

 

[rmet4nzkx]

Rmet you are sounding like xxxxxxx

Lucky for the Op your information is correct.. from what I have researched.
I would never post anything incorrect, on Thresa'a original thread https://forum.freeadvice.com/showthread.php?t=217069 which is locked, CA Family Code 2346 I did post the text of the CA code for Nunc pro Tunc. If I was wrong, you can bet IAAL would have pointed it out long ago. She has since confirmed that there was an error of one month. Somebody didn't count on their fingers correctly.

and no Doc...I only research for knowledge..not to check up on you!

How are your strawberries... you know I love them berries

Don't put that name on this thread she will stalk me here now, can you delete it????

The strawberries are doing great, many small berries setting I have 5 varieies so I should have plenty all season long

 

[Theresalee]

I think I will try and fill out what I can.... Is it O.K if I come back if I don't understand something on the form? It looks just like dissolution papers and the legal helper told me where it says dissolution mark the box other. I saved the directions, I will be sure to save copies in case of a mistake. I really want to do this on my own meaning with out his help. I have received all the help here but I found this place on my own Yippee!!!!
I also found out he did ask an attorney about this years ago and he said he was told we were legally married?? So he did know then, how long is a guess..
I guess I won't know if I can fill it out until I try it.. Maybe once i get started it will get better, I have some old documents I can refer to as well, except those other directions that legal aid person gave me, when I put them together maybe it will make more sense? I will save the original empty copy to the side when I know the copy is perfect.. I still may have a legal person look at it to make sure? Sorry if I am a pest but to be honest most legal people I have talked to didn't know what a nunc pro tunc is!!! Sorry I will stick to someone who appears to know what they are talking about....
I have plenty to do next week and hopefully I will have everything done by then inclding the ADA stuff... I will let you know how it turns out if I don't ask another question before then.. Thanks and I will try not to bug you any further!! It is very appreciated BTW....

 

[rmet4nzkx]

It's always good to see someone empowered.