I am separated from my husband and we are going forward with a divorce. Currenrly he is paying child support and alimony but taking out taxes and medical. I’m unsure of how it’s calculated and what my rights are
The calculation for coming up with an amount for child support is done using a computer program called Dissomaster. There is a free version available here: https://childsupport.ca.gov/guideline-calculator/ Dissomaster can be used to calculate spousal support before judgment is entered....Read more »
Bought the house in 1983, married in 1990, added 2nd story in 1992, upgraded original floor in 2004 all with zero financial support from her. Refinanced many times but with just my name on the title. Do have a current HELOC under both names.
Because you purchased the house before the date of marriage, it is your separate property. The community acquired an interest in this property resulting from mortgage payments and improvements made during the marriage. That interest is not necessarily equal to 50% of the home's total value.
I think my husband will be difficult to talk to once we start this process. We bought a house together but it's not paid off. I only make about $1500 a month right now. Would the kids and I be able to stay in our house? I want to have equal custody rights, though I will probably be with the kids a... Read more »
Establishing separate property of a spouse If this instrument establishes the real estate as one spouse’s separate property, such as a spouse signing a quitclaim deed to the property. “This conveyance establishes sole and separate property of a spouse. R&T 11911” OR “It is the express... Read more »
This looks like a conveyance, part of a deed, between a married couple. California is a community property state, and property acquired marriage belongs to the community, basically the marital unit, both spouses. This is one spouse deeding their half to the other spouse as just their own separate...Read more »
Can I sue for Legal Malpractice? I have already been assigned an investigator by the state board of ethics. My lawyer never filed for Alimony although I was a housewife for 19 years. My ex-husbands Anuity and retirement is to be split equally between us yet I have not received anything as of... Read more »
Once you file for divorce and serve him with the summons and petition, he will subject to the temporary restraining orders that are listed on the second page of the summons. Once he is served with the summons he will be restrained from removing you from his insurance. That's your protection, so...Read more »
Hello I have been living in the US for almost 10years now. I came in with a k1- fiance visa. I married my husband within the 90 day period. After marring my husband he decided not to proceed with the process of applying for my permanent residence (adjustment of status). We had our 2 children... Read more »
You are the victim of spousal abuse. The Violence Against Women Act (VAWA) will allow you to apply for a green card without your abusive spouse petitioning for you. This process exists so that non-citizens will not have to be dependent on an abusive spouse, in order to stay in the U.S.
Whether you have the authority to fire this person is something that no one here can know without a lot more information. Her employer, or an authorized representative of her employer has that power. More would therefore need to be known about the form of the business, your and your husband's...Read more »
If spouse had consistently provided health insurance to me during the marriage, could a judge order it to continue after divorce (or is it common for a judge to do so)? Ins policy language states that divorce would remove me, but I've heard that it might be possible. Otherwise I assume I would... Read more »
The health insurance coverage under your spouse's plan would terminate once divorce is final. That coverage is governed by the insurance company. Typically, the insurance company will provide you with COBRA information once they are notified of final dissolution which allows you to choose to...Read more »
Informal agreements are not court orders. If you want something enforceable you need to get a court order or judgment. If what you have is a court order or part of a judgment then it should not be modified informally and only modified by a new court order.
The question is whether you also live in Riverside County. If not, where do you live? But I agree that there is no jurisdiction for a court to hear a divorce case, if, at the time of the filing, neither party had lived in the county at issue for at least three months. The way to get around this,...Read more »
Did I make a mistake? I left my husband almost a year ago to move from cali to Ny. I started filing for divorce in September and to avoid him getting my 401k I withdrew it all that December. I took a big tax and penalty hit on it. He still has not signed any divorce agreements yet. Am I in the... Read more »
I need more information. Where was the divorce filed, or has it been filed. You mention "divorce agreements" but I'm not sure what that means. How long have you been married and when did you start the 401K?
Depends on why you are asking. A judgment of divorce that is valid in the state in which it was given, is valid in California. You do not have to do anything. If there is something about the divorce judgment that needs enforcement here in California (such as a modification of spousal or child...Read more »
A valid marriage in Pennsylvania is valid here. I would be very concerned about a lawyer who states otherwise. If you were legally married in Pennsylvania your married is legally valid here in California. If you want to be divorced, then yes, you need to file for divorce.
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