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Hong Shen

Hong Shen’s Answers

265 total


  • What could the outcome of my case be?

    I have a six year old in witch i share custody of child, I'm he mother and primary take care of her. Dr's, dental and education, however i don't keep her from her father! so she dose have relationship with him, I want to move out of state temperat...

    Hong’s Answer

    You can request a moving-out order but nobody can predict what a judge will rule. You must present your evidence that moving out is for the best interest of you child. Frankly, I do not see why your child has to move out of state to learn Spanish. You ex husband has the burden to prove that the relocation is detrimental. Keeping the child away from the father is detrimental to the child, in the eyes of courts. You may have an uphill battle.

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  • Both employed but one spouse receives VA Disability Compensation in addition to regular income; considered community property?

    Both spouses employed during entire length of marriage. 5yrs 3mos at date of separation. ONe spouse receives VA Disability compensation, in addition to regular employment income. NOT RETIRED (not even close). Can the CA Court factor in the VA Disa...

    Hong’s Answer

    VA disability benefits cannot be characterized as community property. State law is pre-empted. However, that does not mean a court cannot use that benefit to calculate spousal support.

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  • Can you get a patent if you better an existing idea

    for example can you get a patent for a toilet seat cover if you improve it by including the tank

    Hong’s Answer

    While I agreed with my colleague's answers, I also want to point out that even if you show your combination does some new things, it is still obvious in the eyes of an examiner if a personal with ordinary skill in the art, for example, a plumber, would have come up with the idea.

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  • Can ex wife ask for more child support?

    Me and husband married in Orange County. He had previous court agreement for child support with his ex wife for 800/month. Mince we are married now can she come back and request more money now that my income,combined with his has increased? We l...

    Hong’s Answer

    More facts are needed to answer your questions. Child support is not something carved in stone. Either spouse can go back to court to ask for child support anytime they want to, provided there is a significant change in circumstances. If she is asking for more child support because your husband makes significant more money now, it is ok. Your marriage is not a significant change in circumstances that justifies a change in child support. In all likelihood, your income will reduce child support because between you and your husband you have to pay more tax now due to increase in income.

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  • I graduated from school last year and have not been able to find a job. My ex filed for modification of CS, alleging my income

    in the 6 figure range. The judge agreed and halved the original CS, which already used an income of $1200 per month for me while I was in school. We have another hearing coming up. What should I do to prepare? Thanks,

    Hong’s Answer

    Judge can choose to impute your income based on earning capacity. To do that, the other party must prove ability to work, which you have; and most importantly opportunity to work. This must proved with tangible evidence like your resume, job ad, etc. They have to prove payscales as well. You also need to provide evidence to refute it.

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  • How do I go to court to ask for imputed income to be ordered upon non-custodial parent when DCSS has the case.

    I have my two boys 95% of the time. The Mother is a deadbeat, got fired from her job years ago, and will not get a job. She has nothing in her name, not her car, not her condo, she doesn't have a bank account from what I know...she has nothing. ...

    Hong’s Answer

    Since your case is with the DCSS, it would the DCSS's motion to recalculate the child support. If you want to impute her previous income, you would bear the burden to prove (1) ability to work, (2) willingness to work, and (3) opportunity to work. Evidence of ability would include resumes, past work experience, testimony from others like experts, etc. Evidence of opportunity would include job ads, etc. Did you know if she is looking? If not, that might be a proof that she does not want to work.

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  • Child Support

    My Ex was order by the court to pay for Child Support, she started by not paying at the beginning because she could not accept it "Culturally", then she was order to pay, she started paying for four months, then she stopped paying again, after I h...

    Hong’s Answer

    • Selected as best answer

    I completely with my colleague's answer. Not paying child support is a serious matter. I would suggest that you contact the department of child support services and let the department take over the case so to avoid headaches from your side.

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  • I received a cease and desist letter from Sanrio, need advice.

    Today I received an email from a law firm on behalf of Sanrio, attached was a cease and desist letter. I own a small business www.facebook.com/theribbonstore and I had a few items with Hello Kitty on them. Please contact me and I can forward someo...

    Hong’s Answer

    It is possible that the hello kitty items are not authorized. You need to contact a trademark attorney to help you.

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  • What documents protect my idea BEFORE I get my patent?

    I have an investor who is willing to fund my idea from start to finish. My question is, since I dont have a patent yet, will ANY contracts (non-disclosure, non-compete, etc.) protect me from him stealing my idea? My worry is he will sign everythin...

    Hong’s Answer

    I agree with my colleagues that an NDA is definitely a good place to start. However, I would talk to a patent attorney first to see whether you can file a provisional first before you even talk to this investor. I do that for my clients anyway. I have peolple stealing ideas and creating similar business oversea, with an NDA in place of course.

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  • Trademark in California Help!

    I am currently running a small, fruit-distribution business. I am interested in trademark the name of my business, a phrase regarding the unique qualities of my work. My business is named La Tunera Company. I want to trademark my business...

    Hong’s Answer

    You can certainly trademark the company name, if that mark has not been registered by someone in the same line of business, which is selling fruits. The phrase is also trademarkable to identify the source of fruits.

    The way I would do is to do a search first in several databases to make sure these marks are still available. The next step is to file the application with the USPTO. The cost is $325 if filed electronically. Typically it takes several months for the PTO to publish your marks and finally approve them. You can either do it yourself or a trademark attorney must file it for you. The cost of attorney fees is a few hundred dollars for a solo practitioner to a few thousand dollars for a firm. This may or may not include fees to deal with office actions. Let me know if you need help.

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