Archived
What are my rights as a stay-at-home mother facing divorce after 14 years of marriage?
Marlene's answer
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Answered on January 21, 2015
You are entitled to child and spousal support. You have what a long term marriage so it is unlikely the Court will put a termination date on...
Archived
Mother is not working due to health issues. If she is denied disability should her earning potential be factored in?
Marlene's answer
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Answered on January 21, 2015
Since you are going to an MSC you can state your position and proposal regarding the support issues. At a MSC the settlement judge will listen to...
Archived
How soon after the new court order is in place can i file for a modification?
Marlene's answer
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Answered on January 20, 2015
You need to check with some AVVO attorneys in the San Jose area as in San Diego, this is governed by our local rules.
Archived
What happens to a custody order if I and that parent get married?
Marlene's answer
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Answered on January 19, 2015
If you are getting married normally you will be in the same house. You both will have equal custody since you are again remarried.
Archived
Is spousal support tax deductible to payor while ex-family is living together and/or there is no court order yet?
Marlene's answer
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Answered on January 19, 2015
Yes, that is true. You need a court order to be allowed to deduct spousal support paid.
Archived
Inter-state c.support, closed order. want to reopen without court. child over 18, arrears owed on a court ordered case?
Marlene's answer
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Answered on January 19, 2015
I do not know of a way to reopen a case without Court involvement. If you and the payor come to an agreement on the arrearages for payment, this...
Archived
I have an ex and a soon to be ex wife. Want to have a confidential conversation with the first wife regarding the second divorce
Marlene's answer
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Answered on January 19, 2015
You need to file a stipulated order to modify the existing order, otherwise she can enforce the existing order and request arrearages for any...
Archived
In California, what are the differences & rights of physical custody versus 50/50 visitation?
Marlene's answer
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Answered on January 19, 2015
The Judge probably entered the Order this way so you could take the tax exemptions for the children. If you have been exercising a true 50/50...
Archived
Can cp not allow me to pick up child on my scheduled weekend for....
Marlene's answer
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Answered on January 19, 2015
You need to have a valid Driver's license if you are going to transport your children. You need to file with DCSS to have payment on the arrears...
Archived
Gifts in the form of Jewelery received during marriage from the spouses family, would that be community or separate property?
Marlene's answer
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Answered on January 19, 2015
The jewelry that you own and possess must be listed and identified as separate property if it was a gift. The jewelry that was given away need...
