We have filed for divorce and do NOT have a judgment yet, but have agreed on an amount of my 401k to be transferred to a retirement account for her. How do we do this?
You need to prepare or have prepared a Qualified Domestic Relations Order. Some 401K plans give you sample forms to use and others do not. If they do not, you will need to have one prepared by an attorney and not all attorneys do them as it is a very specialized area of the law. If you do not do the transfer with a QDRO, it can be taxed.See question
Marijuana.I have a medical license I only smoke when he isn't around or at night after work in my room.I live in California based on those two reasons alone shouldn't I be fine and excused from that?
No. Marijuana is still a touchy subject with California judges and family law matters. While it may be legal to smoke it with a medical card, that does not mean minor children, who the judge has to make sure are safe and secure and in the right environment, has to allow them to be exposed to it. It is still illegal federally and many, if not most medical cards are a joke. Anyone can get one. Therefore, no, you are not excused from a judge protecting the best interests of the minor children, until marijuana is made completely legal.See question
12/22/2014 Notice-Acknowledgement of Receipt Filed by Petitioner 12/22/2014 Judgment-Package Received-2336 Filed by Petitioner 12/22/2014 Request-Enter Default Filed by Petitioner 12/22/2014 Decl For Deflt or Uncontested Jdgm Filed by Petit...
The most important question is what was the date the other person was served. The earliest you can be divorced is 6 months and one day, from that date. But, that assumes everything else was done correctly and that is not the case. As the other attorney pointed out, it is impossible to have filed you case on 11/26/14 and then filed a Request for Entry of Default less than 30 days later. Even if the other side was served on 11/26/14, the date of filing, 30 days have not passed. So, expect your papers to be rejected and need correction.See question
(parent 1 has 43% custody)(parent 2 has 57% custody) Parent 1 has full time job parent 2 is getting paid under the table . Has not been reporting wages for about 3 years
Child support is calculated based on the gross incomes of each party. Additional expenses (day care, activities, medical) are in addition to child support and may be ordered to be paid equally regardless of the incomes of the parties. The judge also has the discretion to allocate those expenses on a pro-rated basis based on gross incomes. If the other persons income is higher than they are reporting, you have to take steps to prove that. Just saying they are making more money does not make it true. Talk to a lawyer about how to make your case.See question
It is my understanding that if my spouse owned a home before we got married then he would keep the home. But it then is my understanding that if he purchased the home while we were engaged and I helped with the down payment and then since we got m...
You are wrong in both of your comments. Who owns what depends on a number of factors. How title was taken on the home, the source of the funds to buy the home, the source of the funds to make the monthly payments, was there any refinancing, did the title change, the date of marriage, the date of separation, the value of the house at time of purchase, date of marriage, date of separation and date of division (trial). There are many factors to determine what may or may not be your share. You need to sit down with an experienced family law attorney for a consultation, go through the facts, have the above numbers or at least a good estimate of those numbers, then then the attorney may be able to help you estimate your interest or your share.See question
When I get married in a church through religious and civil ceremony but there is a defect in a marriage ceremony which renders marriage invalid , is it a separate ground for nulity under state law? It is not listed in the family code but is counte...
If you have a valid civil wedding you are married. The religious ceremony is irrelevant.See question
One party was unemployed half the time in the previous twelve months, and the other party had bonus and capital gains income, but now both are working with a constant monthly salary how can child support court be persuaded to take average annua...
Sorry but that is not the way it works. Child support is based on current monthly income. If someone was employed for only 1/2 the year and income was averaged, their income would only be half of what it should be in the support calculation. That is not appropriate. Bonus and/or capital gains income is treated differently and not included in base support calculations.See question
Got divorced 3 years ago, went to trial for custody issues. In the judgment after the custody trial, it was clearly spelled out that "The mother(my ex)gets to claim the child tax exemption starting the year of 2013." I asked the judge then at the...
You may want to have a consultation with an experienced family law attorney on this issue. If you ask for the tax exemption for your child and you are the one paying child support, your child support will likely go up. The judgment stands unless you file a motion to modify it. You need to determine if it is appropriate to file that motion. Why would you want to file a motion to increase the support you pay?See question
my home was worth $550 in 2004. it is worth $450 K today. i had roommates that paid $50K of it in the last 10 years. i married in 2004 and now he will divorce me if i dont do a post nup with him. he wants me to agree to not touching his 401k, whic...
What you really need to do is go see an experienced family law attorney face to face for a consultation. You need to educate yourself on the law. You are not asking the right questions. Do not sign any agreement until you meet with a lawyer and learn your rights.See question
Even if there is no motion and order from the jugde.
Only a judge can find some in contempt of court in a hearing. To be in contempt of court means there is a court order you have violated. If you have not violated an order, you are not in contempt of court. If you received an overpayment of support, that does not make you in contempt of a court order. If there is an order requiring you to repay it, and you do not do so, then you may be found in contempt of court. But, until a judge orders that you have violated a court order, you are not in contempt of court.See question