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Kevin W. Chern

Kevin Chern’s Answers

106 total


  • What is my recourse?

    ex-wife supposedly filed a restraining order against me with the highschool my 16 year old goes to. I was told by the highschool that no information could be released to me about my son due to this restraining order. There is no restraining order...

    Kevin’s Answer

    Although a restraining order can generally be entered in a divorce or other case, it's not the only way in most states. An action for a temporary restraining order could be initiated independently, for instance. The fact that you didn't find a restraining order under the divorce case doesn't necessarily mean that one doesn't exist. In most states, a temporary restraining order can be entered without notice, pending service and a hearing. Before you start looking for recourse, you need information. Your divorce lawyer is a good place to start, and you might also obtain valuable information by asking the school to send you a copy of the alleged restraining order.

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  • Child Support

    My ex-husband has had another child since our child support award was determined. He will soon have sole custody of this child and be 100% financially responsible for him. Can he modify the support agreement he has with me for our daughter just ...

    Kevin’s Answer

    Most states' child support guidelines do allow for an adjustment for responsibility to support "afterborn" children. Exactly how that adjustment is calculated depends upon the specific state guidelines. Whether or not a party has custody of the child may not change the calculation at all, since a legal obligation to support the child is generally presumed. Different states also have different rules regarding how often a child support order may be modified. The best source of specific information on this issue would be a local divorce attorney. If you don't have access to an attorney, you can find general information about how child support is calculated and modified at the NJ Child Support Program website (link below)

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  • Child support and child care

    My child support agreement states that my Ex is responsible for paying for childcare when he can not be available during his parenting time. He claims this is already included in the original calculation of support and he will not longer pay for ...

    Kevin’s Answer

    That depends entirely on the wording of your divorce decree/child support order. The best person to address this question to would be the attorney who represented you in your divorce.

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  • Can I collect damages from a wrongful death lawsuit if the defendant is not insured?

    Can I collect damages from a wrongful death lawsuit if the defendant is not insured?

    Kevin’s Answer

    As the previous response points out, the ability to collect damages hinges on whether or not there are assets to collect from. Where there is insurance, to that question is clear...at least to the extent of coverage. Where there is no insurance, more analysis is required to determine whether or not there are assets that would be subject to collection. Because each state offers various exemptions to protect certain property and has different rules about how jointly held property is treated and such, this isn't a simple yes/no question. However, fortunately most personal injury attorneys offer free initial consultations. Why not take advantage of that by setting up a consultation and explaining the circumstances to a local attorney who is familiar with the Florida exemptions and treatment of joint property and such to determine whether or not there might be assets on which you could collect?

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  • Can I get child support and/or alimony from man who is married to another women

    the guy i was seeing got me pregnant but neglected to tell me he was married and now he has decided to go back to his wife. he left me jobless because he said he didnt want me to work now i have nothing and i am two months pregnant. please help!

    Kevin’s Answer

    Talk to an attorney or your state's child support enforcement division (link below) about establishing paternity and collecting child support. A private attorney will probably be able to get the process completed more quickly and may pursue child support collection more aggressively, but given that you are currently unemployed that may not be an option for you. The state agency can also assist you in these matters. Child support is governed by established state guidelines, so you will be able to get a reasonably accurate projection of what you can expect in terms of support from the child's father and plan accordingly.

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  • Would going thru a debt consolidation company hurt your credit? We are trying to avoid bankruptcy.

    We are in a considerable amount of debt. We have two young children and our bills are all overdue. We want to try to avoid bankruptcy. My parents are trying to help, but now we are putting a strain on them also. We hear all the time about debt...

    Kevin’s Answer

    Unfortunately, a lot of people who tried to avoid bankruptcy by taking an offer that sounds too good to be true discover that it was--and many ultimately end up in bankruptcy, anyway, after throwing a lot of good money at the problem. While there may be legitimate agencies that can help you negotiate lower payments and/or interest rates, there are a lot of companies out there making inaccurate representations about what they can accomplish. If you should decide to explore that route, please check out the company carefully with the Better Business Bureau, your state's attorney general's office or other consumer protection division, and the Federal Trade Commission. Also consider scheduling a consultation with a bankruptcy attorney. Many offer free consultations, and you may be surprised by the options available to you and the truth about how your credit score would be impacted by filing bankruptcy versus pursuing other remedies.

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  • How do I go about getting divorced from a spouse who refuses to divorce me?

    I want to leave him due to domestic violence.

    Kevin’s Answer

    I'm sorry, the link did not come through in the original answer. It is included below.

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  • How do I go about getting divorced from a spouse who refuses to divorce me?

    I want to leave him due to domestic violence.

    Kevin’s Answer

    The Florida Coalition Against Domestic Violence has excellent resources on their its website (link below). You can even get information from an attorney at no cost by calling 1-800-500-1119, ext. 3 between 8 a.m. and 4 p.m.

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  • Can my credtiros gaurenche my wages?

    I required a credit debt relief program and my creditors keep calling me. They tell me not to talk to them and ignore the letters of threats, send them to the company and they will take care of it, but..why are they still calling me? I am worried ...

    Kevin’s Answer

    You should be worried, because your story is an all-too-common one, and often it turns out that the debt relief company has not been making payments, or not making timely payments. Many people end up in bankruptcy after attempting debt settlement and finding themselves more deeply in debt than when they started--after paying out thousands of dollars to the debt settlement company. The sooner you dig deeper and find out exactly what the company is and is not doing for you, the better. Check the company out with the Better Business Bureau, your state attorney general's office or other consumer protection division, and the FTC. And request detailed statements to determine where the money you've paid in to the company has gone and how it's been credited.

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  • What are the qualifications in filing chapter 7 in Ca? I make $65k and am a single mom

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    Kevin’s Answer

    You're very close to the median income for a family of two in California. Your best bet is to sit down with a local bankruptcy attorney and work through the means test to determine whether or not you qualify for Chapter 7. The link below leads to a detailed description of how the means test works, and on that page you will find a link to the current median income figures for all U.S. states.

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