Stella Espinoza Browne's Answers

Judgements

Judgments are enforceable for 10 years and are renewable for another 10 years and then renewable after that. Once a judgment's been renewed, it can't be renewed again until 5 years later. When the judgment is renewed, the interest that has accrued will be added to the principal amount owing. From that point on you're entitled to interest on the accrued interest.

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Domestic violence case and deportation

I agree with the answer's of my colleagues. A domestic violence conviction can have serious immigration implications. You should contact an experienced immigration attorney as well as an experienced criminal law attorney immediately.

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Anonymous testimonial

Your question is vague. By "anonymous testimonial" do you mean testimony given in a court of law? Do you mean a "testimonial" as part of advertising? I would need more information regarding what you mean by "anonymous testimonial".

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How would a fathers criminal record affect his chances in a custody battle?

It may have a big affect or none at all. Some of the issues that the Court will address will have to be the nature of the crime, when the crime/conviction occurred, and whether the nature of the crime will affect the health, safety, and welfare of the minor children in the future. For example, if a father has a domestic violence conviction, that may keep him from having custody of the children. However, other minor issues or issues that happened long ago, may not be given much weight by the court.

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CHILD SUPPORT AND ALIMONY

Child support is generally determined by a calculation of each of the parties respective incomes as well as the "non-custodial" parents timeshare with the minor child. Theoretically if you are living with your child, your timeshare may be calculated at a higher percentage and result in a lower child support amount. Regardless, living with your girlfriend will not elminate your child support obligation. You should also bear in mind that child support is generally only retroactive to date of...

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How much would a lawyer charge for this?

An rate is generally based upon several factors, including their experience, the complexity of the of the matter, and the community in which they practice. Obviously, an attorney may charge more for "rush" services if he has to put other matters aside to focus on your case. I suggest you talk this over with the attorney you have in mind and inquire about his rate. You can also call other attorney's to compare their rates, as well. Good luck.

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Paternity

Family Code Section 7540 sets forth what is known as the "conclusive presumption" of fatherhood. This requries that the two of you were married and living as husband and wife. The law allows a narrow exception to the conclusive presupmtion under Section 7541, which allows for a two-year time period. You should contact an experienced family law attorney immediately in order to evaluation ad protect your legal rights.

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Child Support

Child support is calculated by determining the income of the parents and the time-share of the non-custodial parent, among other things. The court will calculate the disabled parent's timeshare as well as the disabled parent's ability to earn and actual income. Child support is generally set according to guideline. Good luck.

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Family law

Marital Settlement Agreements sometimes contain life insurance provisions where there are issues where child support may not be paid or available at a later time, or when a spouse will not be eligible to receive social securit benefits (i.e when the employee spouse worked for the city and did not pay in to social security). However, no such provisions are required and a mandatory settlement agreement will only recite the agreement of the parties. Law Offices of Stella Espinoza Browne

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Non practicing lawyer

A lawyer who has an "active" license is legally allowed to practice law and render legal advice. You can go to the California State Bar website (www.calbar.org) to check on the status of an attorney's license. If, in fact, he does have an active license he is not engaging in the unlawful practice of law and can assist your husband inthis capacity. Law Offices of Stella Espinoza Browne

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