Bernie Johannes Kempen’s Answers

Bernie Johannes Kempen

San Francisco Divorce / Separation Lawyer.

Contributor Level 11
  1. Why would a judge in family court order that a noncustodial parent gets to claim a dependency exemption?

    Answered 20 days ago.

    1. Bernie Johannes Kempen
    2. Jeffrey Lee Hoffer
    3. Edna Carroll Straus
    4. Jay Carl Stoegbauer
    4 lawyer answers

    The judge has the discretion to allocate the dependency exemption if it makes financial sense and result in a lower combined tax liability

    6 lawyers agreed with this answer

  2. Am I married or divorced to bigamist?

    Answered 24 days ago.

    1. Brian David Mcginity
    2. Bernie Johannes Kempen
    3. Svapna Alan Trivedi
    4. Edward A Misleh
    4 lawyer answers

    Based on those facts you may ask the court for an annulment since your current marriage to him is not valid. Consult with an attorney in your area.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can spouse refuse to take half of retirement in divorce?

    Answered 20 days ago.

    1. Carol Anne Jasinski
    2. Bernie Johannes Kempen
    3. Edna Carroll Straus
    3 lawyer answers

    She can waive her share of your retirement but in order to make the agreement safe from later set aside, she should know the true or actuarial value of the community portion of the retirement accounts , before waiving it.

    5 lawyers agreed with this answer

  4. Custodial law, in real state in Lima-Peru. Have a house in Lima-Peru, will like to sell it. My aunt and uncle have been living

    Answered 24 days ago.

    1. Bernie Johannes Kempen
    2. Michael Kevin Cernyar
    3. Edna Carroll Straus
    3 lawyer answers

    You need to consult with a real estate attorney licensed in Peru

    5 lawyers agreed with this answer

  5. I have been divorced for 6 months. What can I do to have my wife revert back to her maiden name and stop using her married name

    Answered about 1 month ago.

    1. Bernie Johannes Kempen
    2. Levi N Weikel-Magden
    3. Lisa Ann Berg
    4. Gregory Paul Benton
    4 lawyer answers

    There is nothing you can do. It's her choice.

    5 lawyers agreed with this answer

  6. I have a current order with my ex Joint and I am "Primary" I would like to move outside of Modesto for various reasons.

    Answered over 1 year ago.

    1. Edna Carroll Straus
    2. Bernie Johannes Kempen
    3. Stephen Ross Cohen
    3 lawyer answers

    I practice in Modesto. If you want to move the children from Modesto over the father's objection it will require hiring an attorney and paying for a move away evaluation. This will be a very costly process and most likeky you'll need a stronger set of facts and reasons to succeed. Call me at 1-888- ITSOVER to discuss

    Selected as best answer

  7. What is the best way to file a child support motion if you do not know the non custodial address?

    Answered 6 days ago.

    1. Bernie Johannes Kempen
    2. John Noah Kitta
    3. Mary Pamela Lauser
    3 lawyer answers

    If DCSS knows where the obligor lives you can file a RFO asking the judge to either order that DCSS provides the address to you for the purpose of service or that they serve the Request for a Post Judgment income and Expense Declaration on your behalf.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Child Custody / Visitation / Support Case

    Answered 12 days ago.

    1. Bernie Johannes Kempen
    2. C. Zadik Shapiro
    3. Judith Ann Routledge
    4. Alexandra Rachel Lavinsky
    4 lawyer answers

    If there is already a custody order in place it won't be affected by whether a response is filed or not, unless the judge set the custody issue for s review hearing. Most possibly the judge is referring to a response to the petition filed by you. If a response is filed each county has a different procedure how to proceed. Google your county's local family law rules. If no response is filed you may proceed by way of default. In either case hire a family law attorney or, if you cannot afford one,...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. If the petitioner is given a Smith-Ostler order regarding getting her share of bonuses, but she never serves it on respondent's

    Answered 28 days ago.

    1. Bernie Johannes Kempen
    2. Stephen M. Shirley
    3. Joseph Torri
    3 lawyer answers

    The Petitioner has a choice to collect by way of garnishment or not. It is the Respondent's court ordered obligation to make sure that the correct share of bonuses/overtime is paid to the Petitioner.

    4 lawyers agreed with this answer

  10. Is my child's dad being harassing enough to get a restraining order against him to protect my son & myself?

    Answered about 1 month ago.

    1. Bernie Johannes Kempen
    2. Reve Gerardo Bautista
    3. Robert Andrew Michael Burns
    3 lawyer answers

    Don't give him another chance and ask for a restraining order right away. Preferably you should hire an attorney but if you can't afford one, many shelters offer assistance. Best wishes to you.

    4 lawyers agreed with this answer

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510-582-1433