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Questions Answered by Mr. Min G Kim
1 Answer | Asked in Divorce for Texas on
Q: I filed for a divorce, married a little over 10 years. Am I entitled for half of community property and his assets?

Even though he changed his beneficiary on his assets?

Mr. Min G Kim
Mr. Min G Kim answered on May 1, 2012

In Texas, community property is property acquired during hte marriage. Exception are any property that was given as a gift, inheritance or personal injury (speicifc type) directly given to one spouse. This also includes any retirement that was obtained or accumulated during hte marriage.

The...
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2 Answers | Asked in Bankruptcy for Texas on
Q: If my bankruptcy gets dismissed what can happen
Mr. Min G Kim
Mr. Min G Kim answered on May 1, 2012

If the court dismissed your case with prejudice, than you must wait 180 days or as stated in the court order dismissing your case. If it is dismissed without prejudice, than you can file as soon as you want.

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1 Answer | Asked in Divorce for Texas on
Q: When an inmate files an answer in a divorce case what does the court do?
Mr. Min G Kim
Mr. Min G Kim answered on Apr 25, 2012

Filing an answer means that the person has made an appearance for the purpose of his case. Generally depending on which court you are in and in what city, the Court will handle your appearance in court differently. In some courts, they will allow your appearnace at the court hearings through... Read more »

2 Answers | Asked in Family Law for Texas on
Q: There are not custody papers in place can I take my child to out of state without it being chil abduction?

I recently moved out of state. I wanted my son to come visit me. There are no current child custody or child support court order in place. I was going to take him with me when he finished school for this year. If my son wants to come back then I will send him back but he wants to live with me. What... Read more »

Mr. Min G Kim
Mr. Min G Kim answered on Apr 25, 2012

If there is no court order regarding child custody, than as the father of the child, you have equal rights to the child's welfare just as much as the mother of the child. Its just as if the mother of the child took the child and moved to another state. Unless there is a court order regarding child... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: How long do I have to be separated from my husband in order to get a divorse in the state of texas

Trying to get a divorse through lonestar legal aid,cant afford a lawyer,need help,my husband cheated and Im leaving him,,,,and he still thinks he has to control over me because were still married.

Mr. Min G Kim
Mr. Min G Kim answered on Apr 18, 2012

A person can file for divorce as long as either party meet the standing requirement. The standing requirement is that one or both parties has been domicile in Texas for 6 months and a residence of the county for 90 days.

1 Answer | Asked in Bankruptcy for Texas on
Q: Do I have any recourse for getting money back from a company filing bankruptcy?
Mr. Min G Kim
Mr. Min G Kim answered on Apr 18, 2012

You can file a Proof of claim in the company's bankruptcy. Also, depends on whether you are a creditor to the company or a customer.

1 Answer | Asked in Family Law for Texas on
Q: Am order to pay child support to my mom for my son for both me and my ex and my ex gets him every other weekend and i

Can't see him at all and i dont kenow y and i was not know about the court date when they did all this so are any of my right be voilated or not and should i still be froce too paid for 2 people

Mr. Min G Kim
Mr. Min G Kim answered on Apr 9, 2012

In Texas, generally the primary custodian of the child will be entitled to receive child support. From you facts, it sounds like you are the parent with visitation rights or supervised visitation. You court order should state what your visitation rights are. A person's right to see the child may be... Read more »

1 Answer | Asked in Bankruptcy for Michigan on
Q: If I can get an attorney to help me pay back taxes, do I have to file bankrupcy to catch up my mortgage???
Mr. Min G Kim
Mr. Min G Kim answered on Apr 6, 2012

Taxes goes to the state, mortgage payment goes to you mortgage lender. Paying one doesn't resolve your issue with the other.

By filing bankruptcy you can address both issues at once, rather than hiring an attorney for just taxes and seperatly your mortgage.

consult a local bankruptcy...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Im in my 4th year of a chapter 13 & plan & arrears on mortgage are current. can i keep my escrow surplus check?
Mr. Min G Kim
Mr. Min G Kim answered on Apr 6, 2012

You may want to contact either your attorney or your current trustee. They will advise you how to handle the money.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: Why when someone files for chapter 13 has to submit their tax returns to the trustee?
Mr. Min G Kim
Mr. Min G Kim answered on Apr 6, 2012

Once you file for your bankruptcy it creates a bankruptcy estate that includes all your interest and debts. This includes your tax returns. Depending on your trustee and district, future tax returns are dealt differently. Consult your current attorney or local legal organization or clinic where... Read more »

1 Answer | Asked in Bankruptcy for Illinois on
Q: May i include property taxes in a chapter 13?
Mr. Min G Kim
Mr. Min G Kim answered on Apr 6, 2012

yes, and more importantly, you must include all debts in your chp 13 bankruptcy. however, unless your ongoing mortgage payments includes the escrow payment, than your future property taxes must be paid outside your bankruptcy unless otherwise dictated in your chp 13 plan. Consult your current... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: Bankruptcy, Chap.7, discharged +2 yrs ago. Now, big bank took $ from my account to pay for debt so discharged. Action?

What action can be taken against bank? Their action to take the funds caused significant change of plans and prevented me from taking a trip to visit family and purchase a car to replace recent wreck. The bank did replace the $ in about a week.

Mr. Min G Kim
Mr. Min G Kim answered on Apr 6, 2012

If the bank was taking money in regards to a debt that was identified in your chp 7 bankruptcy and was identified in your chp 7 bankruptcy, than they are in violation of post discharge injunction. Once you receive a discharge and the debt and creditor is identified and the debt itself is... Read more »

1 Answer | Asked in Bankruptcy for Texas on
Q: Can I file bankcruptcy not pay IRS income tax?
Mr. Min G Kim
Mr. Min G Kim answered on Apr 2, 2012

General rule of thumb, the government will always get their piece of the pie. The rules regarding whether or not you can get your IRS debts discharge is complex. Generally, if you have filed all your taxes on time and your IRS debts are more than 3 years old from the date you file for... Read more »

1 Answer | Asked in Bankruptcy for Texas on
Q: Do I need to separate myself from my husband on all assets or file bankruptcy together?

He is a co-applicant on a trailer home. It is in process of being repo-ed. This was acquired b4 we were married. The mortgage co says that they will come after him. Can they go after our bank acct? He is not-employed and I make the income for the household. Do we need to file bankruptcy or... Read more »

Mr. Min G Kim
Mr. Min G Kim answered on Apr 2, 2012

If your husband cosigned on the mortgage for the trailer home, unfortunately, he is jointly liable with you on the note. Although the property is purchase prior to the marriage this is not an issue of community or separate property where a person co-signed on a debt. In regards to the banks... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Who do I go to when my ex-spouse is noncompliant with the divorce? No one seems to want to help.
Mr. Min G Kim
Mr. Min G Kim answered on Mar 30, 2012

When an exspouse is non-compliant with the divorce decree, than you may resort to filing an enforcement action against your ex spouse. Largely it depends on what you are trying to enforce. Property division, child support, visitation of child, etc. My firm is a Houston based family law and... Read more »

1 Answer | Asked in Divorce for Texas on
Q: If my husband is filing do I still need a lawyer even though I don't want anything
Mr. Min G Kim
Mr. Min G Kim answered on Mar 27, 2012

If you and your spouse agree to all issues that are covered by the document your spouse is filing, than you can sign a waiver of service and sign the agreed final divorce decree that you agree on. However, it is well advice to review the documents that you sign thoroughly so that you don't regret... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Does 60-day wait to request hearing on Divorce Petition begin @ filing or service on Respondent - Who won't sign Waiver?
Mr. Min G Kim
Mr. Min G Kim answered on Mar 27, 2012

The 60 days period starts from the date of filing, not date of service or the Respondent signing the waiver. If the Respondent is not signing the waiver, you may resort to hiring a process server to serve the Respondent with the documents that were filed. This may result in a contested case rather... Read more »

1 Answer | Asked in Divorce for Texas on
Q: How long does a couple have to be together to have a common law marriage
Mr. Min G Kim
Mr. Min G Kim answered on Mar 27, 2012

In Texas, to have a common law marriage you have to show that both intended to form a common law marriage, lived together and represented to others that you were married. There is no specific time period that you have to be married. It is more of a factual analysis that the parties must prove or... Read more »

1 Answer | Asked in Divorce for Texas on
Q: How can i get help for a divorce if my wife is in the military?

My wife is in the Army and before she lefted for her duty station I found out she cheated.. She also lefted my kids and I. She called me and told me she wanted to put our marriage togher and so my kids and I moved to Fort Bliss, Tx. in Nov. 2011. I recently found out she is still talking to the guy... Read more »

Mr. Min G Kim
Mr. Min G Kim answered on Mar 27, 2012

You can file for divorce. Just because your wife is in the military doesn't prevent you from going forward with the divorce. For military members, the Texas Family Code provides certain standing and jurisdiction requirements that can be address by you and/or your attorney. Consult an attorney to... Read more »

1 Answer | Asked in Divorce for Texas on
Q: My divorce is final but my ex is not paying the court ordered allimony what can I do?
Mr. Min G Kim
Mr. Min G Kim answered on Mar 27, 2012

If your ex is required to pay alimony under a court order, you have to right to file an enforcement of such court order. You would file the enforcement with the court that granted your order. however, if the order is out of state, than you have to go through the process of registering that out of... Read more »

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