Richard Alan Dinnebier’s Answers

Richard Alan Dinnebier

Tustin Family Law Attorney.

Contributor Level 5
  1. How should I arrange my family business S-corp to avoid divorce and alimony from destroying the business?

    Answered about 2 years ago.

    1. Andrew Kevin Jacobson
    2. Richard Alan Dinnebier
    3. Dana Whitney Atchley
    4. Shawn Regis Jackson
    5. Hillary Johns
    5 lawyer answers

    You have raised a very touchy question. We could never advise you to do anything fraudulent. You must be aware that all types of rules apply when setting up a corporation or transferring corporate stock. There are all kinds of rules that pertain to piercing the corporate veil. A corporation cannot be undercapitalized. The fact that your father now owns the corporation creates a community property presumption. Any transfer to you would be suspect. Even though your father is a 100%...

    8 lawyers agreed with this answer

  2. Substituting family law lawyers

    Answered about 2 years ago.

    1. Michael Charles Schwerin
    2. Rhonda Diane Ellifritz
    3. Robert Brett Burch
    4. Michael Charles Doland
    5. Richard Alan Dinnebier
    6. ···
    6 lawyer answers

    The courts should never draw an unfavorable inference from a party changing attorneys. A party should be able to choose whomever they want to represent them. However, as a practical matter, judges always wonder why a client has had so many previous attorneys. Is it due to unreasonableness or failure to pay a bill? Practically, no negative inference should be drawn due to a change in attorney of record. Be mindful that the courts will always wonder why multiple changes occurred....

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. How are alimony payments determined?

    Answered about 2 years ago.

    1. Richard Alan Dinnebier
    2. Michael Charles Schwerin
    3. Harold William Edgar
    4. Babak Robert Farzad
    5. Robert Ricci
    5 lawyer answers

    Temporary spousal support payments are determined using a program such as Dissomaster. Because of the high volume of cases and the need to get them through the system, the courts use a computer program to determine a support amount on a temporary basis. Spousal support is based upon your wife’s need and your ability to pay. It is income driven, not expense driven. Your question on a permanent basis revolves around Family Code 4320. There are a number of factors a court should consider:...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can we annull our 3month marriage?

    Answered about 2 years ago.

    1. Richard Alan Dinnebier
    2. Rhonda Diane Ellifritz
    3. Peggy Margaret Raddatz
    4. George Baker Richardson
    5. Michael John Apicella
    5 lawyer answers

    The simple answer to your question is, while it is possible to annul a three-month marriage, it is highly unlikely in your situation. The grounds for annulment are as follows: age of minority not met, prior existing marriage, unsound mind, fraud, force, and physical incapacity. I assume you do not qualify for not meeting the age of majority, prior existing marriage, force, and physical incapacity. The only possible grounds appears to be fraud. However, I think this would be a stretch....

    4 lawyers agreed with this answer

  5. What does judge mean by filing a response.

    Answered about 2 years ago.

    1. Michael Charles Schwerin
    2. Michael Charles Doland
    3. Richard Alan Dinnebier
    3 lawyer answers

    I believe you are mistaken when you say the judge requested that you file a response. I think what the judge said was that you need to file a formal order that encompasses the judge’s ruling. You may have misspoken as to what the judge requested. There is a Judicial Counsel form entitled Findings and Order After Hearing. I suggest you locate that form. It is Judicial Counsel form FL-340. I hope this was helpful.

    3 lawyers agreed with this answer

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  6. Should I stop a child support claim?

    Answered about 2 years ago.

    1. Richard Alan Dinnebier
    2. Cathleen Elisabeth Norton
    2 lawyer answers

    The simple answer is that without a valid child support order, you have nothing to enforce other than the father’s promise. A promise, in and of itself, is not enforceable by way of wage assignment, levies, garnishments, or attachments. My gut feeling is that you want the security of having a court order. There is nothing wrong with telling the father that, in fairness, you want to have a court order for a set amount. You would very gladly accept any money he wanted to voluntarily pay over...

    2 lawyers agreed with this answer

  7. What information do we include in Confidential Marital Settlement Agreement and Stipulated Judgment

    Answered about 2 years ago.

    1. Warren Sherwood Forest
    2. Donald Frederick Conviser
    3. Richard Alan Dinnebier
    4. Peggy Margaret Raddatz
    4 lawyer answers

    What you are asking for is not impossible. However, the law in the state of California requires disclosure of pertinent information. All court files are open to the public unless they are sealed. There are very few times when a judge will seal a divorce file. Therefore, sometimes parties wish to have a Confidential Marital Settlement Agreement which is signed and executed by the parties and not filed with the court. In that case, you would have two separate documents. You would have the...

    2 lawyers agreed with this answer

  8. Legal custody rights for unmarried couple.

    Answered about 2 years ago.

    1. Richard Alan Dinnebier
    2. Robert Brett Burch
    3. Cathleen Elisabeth Norton
    3 lawyer answers

    When an unmarried couple has a child, family law, namely dissolution of marriage is not applicable. You fall within the category of a paternity case. You could file for paternity seeking support from the father. Father could file what is known as a reverse paternity action requesting custody. Units father files a paternity action, he technically does not have any legal rights to the child. However, I need to caution you that if the father signed the birth certificate at the hospital, or...

    2 lawyers agreed with this answer

  9. I have been married for 21 yrs, I will be filing for a divorce where do I start

    Answered about 2 years ago.

    1. Robert Brett Burch
    2. Rhonda Diane Ellifritz
    3. Isileli Tupou Manaia Mataele
    4. Richard Alan Dinnebier
    4 lawyer answers

    Your question is very complicated. The simple answer is to file a summons and petition. However, there are multiple factors you need to consider. With regard to support, be aware of your income versus your husband’s self-employment income. Do you need a forensic accountant to determine the value of his business and his cash flow? You have not addressed custody of your 11 year old daughter. The amount of timeshare that a parent has with a child is used to determine child support....

    2 lawyers agreed with this answer

  10. Can you give advice about child support and whether I need an attorney?

    Answered about 2 years ago.

    1. Richard Alan Dinnebier
    2. Rhonda Diane Ellifritz
    2 lawyer answers

    Succinctly stated, whether or not an attorney will be able to benefit you is problematic. I always tell my clients not plant a tree, fertilize it, water it, and prune it, unless it will eventually bear fruit. No attorney should give you a guarantee that if you hire them, they can get you more support. It is simply a question of evidence that can be presented to a judge. The judge can only make a decision based upon evidence, not speculation. It seems to me from your statement, that there...

    1 lawyer agreed with this answer