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Garrison Klueck's Answers

Garrison Klueck
La Mesa Family Law Attorney.
Contributor Level 7

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Attorney answers:

  1. Garrison Klueck

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

Asked by a user in Orange, CA - almost 2 years ago.

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...

1

Attorney answers:

  1. Garrison Klueck

Community property in a california divorce

Asked by a user in Murrieta, CA - about 2 years ago.

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...