Bernie Johannes Kempen's Answers

Child Support .. in California does new spouse income is taken under consideration when establishing child support.

Yes you do but the court may only use new spouse income for the purposes of its tax effects, so new spouse income may help the spouse because the household income may be in a higher tax bracket

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QDRO in California

An actuarial firm usually charges upward of $450 and attorneys upward of $750 for a 401K. However, you may need attorney help to complete joinder requirements and to file a motion if the other party refuses to sign off on the QDRO

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Is the family law court judgement on domestic violence has the same effect as the criminal court conviction to green card holder

You need to consult with an immigration attorney. My understanding is that a felony conviction may trigger a deportation, not a family law judgment.

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What happens to a domestic partnership once marriage occurs?

You should ask for both but you may wish to remain Domestic Partners if the are health insurance and other employment or retirement benefits available to you. It may also affect your options in filing your CA tax returns.

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Divorce and keeping the class b motor home as TIC.

There is no problem with that. You will be simply co-owners.

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Visitation with a 17 year old daughter who refuses to meet with her father.

No, your options are to let time be the healer or find a way to engage your daughter in reunification therapy where she can express her feelings in a safe and professional environment.

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Can you file an Ex Parte to change child support amounts in CA?

No, since you cannot show irreparable harm since the court can make the order retroactive to the date of filing of the motion.

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When does child support stop in California. My daughter will turn eighteen in June 2011. My support order doesn't say.

I disagree with Ms. Main. Reimbursement of overpaid child support is not a given, especially if the payee is a welfare recipient. Also, 19 is the upper limit for child support, even if the child is not graduated from high school. Also in order to receive child support beyond 18, the child needs to be living at home and going to high school full-time.

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Hello, in California, what form would I use to file with the court if my wife and I have an agreement on my severance pay?

I wouldn't mess with the judgment. if you have an agreement, memorialize it in a writing, have it notarized and keep in a safe place in case the other party wants to dispute the agreement at a future date.

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Do I have to file a CA FL-800 in person or can I mail it Certified?

I suggest you consult the Family Law Facilitator's office at your local Family Law Court House. Their services are free and usually the Facilitator is a Certified Family Law Specialist.

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