Garrison Klueck’s Answers

Garrison Klueck

San Diego Family Law Attorney.

Contributor Level 7
  1. Community property in a california divorce

    Answered about 5 years ago.

    1. Garrison Klueck
    1 lawyer answer

    401K--To the extent that the funds were contributed from compensation earned during the marriage in California or another community property state, the contents of the 401K are community property. In California, the law requires judges to divide community proerty equally. Therefore, the non-participating spouse ordinarily gets 1/2 of the retirement fund proceeds paid into their own retirement account--like an IRA. "Days" Earned--Dividing the vacation, sick leave and personal hours is a more...

    1 person marked this answer as helpful

  2. I payed 217.00 for child care and just had it removed, my son is 15 years old, can i get the back childcare for arrears $22,000?

    Answered almost 3 years ago.

    1. John F Cannon
    2. Garrison Klueck
    3. Cathleen Elisabeth Norton
    3 lawyer answers

    I would depend if you had a specific court order that the other parent was required to pay a portiong of the child care expenses. If youy had such a court order and the other parent ignore it or was a "deadbeat," the chances are very great that you could get a judgemtn in your favor. However, if you never had a specific past order on this issue, it would almost impossible to get any reimbursement. Remember, court ordered child care is a form of child support. If you prove that you are...

  3. How old does a child have to be to choose whether to live with mom or dad in California?

    Answered almost 5 years ago.

    1. Garrison Klueck
    1 lawyer answer

    This a frequently-asked question and the existence of such a "magical legal choosing age" is somewhat of a "urban legend" amoung parents in California. The truth is that, although some other states may have a specific age where the child gets to "choose" with what parent the child wishes to live, California does not such a specific age and I do not believe ever has had. What California does have is California Family Code Section 3042. That law says that, "if a child is of sufficient age and...