Attorney Hong Kyu Lyu's Legal Cases

Child support

Modification of Child Support

Dec 03, 2014

OUTCOME: Opposing Party Is Not Granted Primary Request to Modify Child Support.

I represented the wife in this case. This is a post-judgment motion that was filed by the husband to request a modification of child support orders. His allegation was that the court miscalculated the ... support order and wanted to drastically reduce his child support obligation. Wife hired me to represent her for a limited scope representation, which means I am only appearing for one court date only. On, December 3, 2014, the day of court in Los Angeles, I met with opposing party to possibly reach an out-of-court stipulation, but our client wanted to just take it before the judge. We waited to get before the judge. When our case was finally called, I argued against a modification for the grounds cited by opposing party. The court only partially granted opposing party’s request, which resulted in a slight modification. Regardless, the opposing side did not get what he primarily requested. Client was happy with the new calculation by the judge.

Child custody

Paternity Action

Nov 14, 2014

OUTCOME: Mother Receives Additional Timeshare With Child, Child Support & Attorney's Fees.

Lamoreaux Justice Center - Post-Judgment Modification Mother (my client) wanted to seek more custody timeshare modifying the stipulation she entered into with father when she was representing hersel ... f. Through that agreement, mother had lost nearly all custody and waived child support. Years later, she retained my office and we filed a motion to modify. We met with father and his attorney at his office and conducted a settlement conference. The parties ultimately agreed to additional timeshare to mother as well as child support and attorney’s fees. Mother is happy with the results.

Child custody

Marriage of E.

Nov 12, 2014

OUTCOME: Father Receives More Timeshare With Child & Reduced Child Support Payment.

Lamoreaux Justice Center - Post-Judgment Modification Father (my client) wanted to seek more custody timeshare based on a change in circumstances that occurred since the divorce was finalized. After ... a brief hearing before the judge in which he described his tentative ruling, opposing counsel and I indicated that we would be able to reach a negotiated settlement. We negotiated extensively back and forth until we reached an agreement in which my client was to receive more timeshare and reduced child support payment obligations. The client was happy to see such a positive step in the right direction.

Domestic violence

Domestic Violence Restraining Order (DVRO) Dismissed For Father

Oct 27, 2014

OUTCOME: Father Reunited With Toddler After Domestic Violence Restraining Order is Dismissed.

Lamoreaux Justice Center: Family Law court - Client retained our office to defend him against a DVRO allegation filed by his wife. Based on an allegation of physical abuse by our client, a temporary or ... der was issued by the court. A criminal investigation was also initiated regarding that alleged incident. From the day he was served regarding the temporary orders, client had to stay away from his home and his toddler son which was very difficult for him. I appeared with the Client for the hearing that was set for permanent orders. Mother agreed not to pursue the restraining order and dropped the charges. The matter was dismissed against our client. All that remains is the pending criminal investigation, although at this point no formal charges have yet been issued.

Child support

RFO: Child Support & Child Support Arrears

Oct 24, 2014

OUTCOME: Client Avoids Paying Accrued Interest of $50,000 in Child Support & Child Support Arrears.

Pomona Courthouse: Family Law Court Client retained us to represent him for a Request For Order (RFO) filed by the child’s mother for a modification of child support and child support arrears. The mot ... her’s child support arrears claim went back as far as 2003, over eleven (11) years ago. Interest on unpaid child support payments in California is 10% per year. Client was looking at the possibility of paying around $50,000 in back support with incurred interest. I appeared at the hearing and worked with the mother’s attorney to reach a stipulated agreement that included a provision in which our client will pay a smaller, more manageable amount in full satisfaction of the support debt as well as all incurred interest.

Family

Marriage of A.

Oct 01, 2014

OUTCOME: Client was granted primary physical custody of child, as well as child support with limited, supervised visitation to the other party.

San Bernardino Superior Court - Central District. The hearing was set for child custody, visitation and child support. We represented the Wife/Mother and had filed the motion. The Husband/Father was un ... represented. The matter went to hearing before the judge. I argued to the court for the safety and well-being of the child, infant son. Father had issues with depression and suicidal tendencies. Judge agreed with my position and granted primary physical custody to our client with limited, supervised visitation to Father. I was also able to establish child support orders for our client. Our client got everything that she had wanted.

Family

Stepparent Adoption

Aug 28, 2014

OUTCOME: Client is able to adopt his stepchildren.

San Bernardino Superior Court – Victorville District. A married couple wanted to have the husband adopt the wife’s sons from a previous marriage. The husband has been raising the boys as his own; the ... boys love him and want to take on his name. Although the husband is the stepparent, he has no parental rights over the boys. The biological father is still alive and still retains his parental rights, but he is currently incarcerated out-of-state. I filed a request for adoption. The biological father raised an objection, and the court appointed an attorney to represent him. Several months later, the parties and their attorneys reached a settlement which allowed the stepfather to adopt the boys. The judge granted the adoption in the presence of the boys and the extended family of the parents.

Family

Marriage of H.

Jul 23, 2014

OUTCOME: Client is granted primary physical custody of child.

Riverside Superior Court – Hemet District. The hearing was set for custody/visitation, post-judgment (after divorce had been finalized). We represented the mother, a Riverside county resident. The fath ... er, who lives in San Diego, filed a motion with his attorney to give him sole physical custody, so that their son (who is now starting school) can attend school in San Diego. Our client wanted to keep the child in Riverside county where he had been living his whole life. Difficulty stems from the fact that the original custody orders give both parents equal timeshare, so there is no parent with “primary” custody (or timeshare that is more than 50%). Because of this stalemate, arguments were made by attorneys to presiding judge on the matter. Judge heard and considered the pleadings and oral arguments made by both sides and decided to keep the child in Riverside County. Our client prevailed on the matter and will be able to keep her son in Riverside with her.

Divorce and separation

Marriage of S.

Feb 05, 2014

OUTCOME: Client seeking divorce in a long-term marriage is only required to pay a minimum spousal support ammount of $100 per month.

Riverside Superior Court – Downtown Riverside Family Law Courthouse. Divorce trial on marriage of 20+ years, a long-term marriage by California’s definition. I represented the wife. The issue was rega ... rding spousal support and asset distribution. The husband and his attorney presented evidence seeking permanent spousal support in the amount of $900/month. We argued the Family Code §4320 factors before the court. Once evidence is presented pursuant to §4320, the court has the discretion to determine the appropriate amount of spousal support. After considering the evidence presented and the oral arguments made, the court ruled that spousal support is to be $100/month. Since our client already knew that she would likely be ordered to pay support, she was glad that it was a manageable amount. The remaining disputed assets of the parties were distributed in accordance to California law.

Family

Major Win For A Father's Rights in Rancho Cucamonga

Oct 11, 2013

OUTCOME: Father wins full custody of minor child, is awarded the marital home as his sole and separate property, and is set to pay zero spousal support.

I finished a family law trial in Rancho Cucamonga, CA. The issues that were before the court included a dispute regarding the length of marriage, child custody and visitation, spousal support, and how ... to distribute the marital home between the parties. After offers of proof and testimony, from the parties, the judge found in favor of my client on all issues. The judge adopted the date of separation that my client alleged, awarded sole physical custody of the minor child to my client, awarded the marital home to my client as a his sole and separate property, and set spousal support to zero. In short, it was a landslide victory in favor of my client.

Hong Kyu Lyu's Legal Cases (10)

Modification of Child Support

Paternity Action

Marriage of E.

Domestic Violence Restraining Order (DVRO) Dismissed For Father

RFO: Child Support & Child Support Arrears

Marriage of A.

Stepparent Adoption

Marriage of H.

Marriage of S.

Major Win For A Father's Rights in Rancho Cucamonga