Archived
Can a defendant refuse to testify at a trial hearing for a DVRO? and if so what are the limitation or pro's and cons of this?
Robert's answer
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Answered on February 12, 2020
Yes, he can assert his right against self-incrimination. If he does not, the district attorney could use his statements against him in a criminal...
Archived
Is there ever a need to respond to responsive declarations?
Robert's answer
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Answered on February 10, 2020
You may submit a Reply Declaration five court-days before the hearing. It is a good idea to do so if they introduce new facts that you need to rebut.
Archived
How do I know I am getting a fair buyout?
Robert's answer
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Answered on February 10, 2020
If the property was purchased during the marriage, and no contribution towards the down payment was made with separate property funds, the buyout...
Archived
Do I need to include income I make on the side for the purposes of child support?
Robert's answer
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Answered on February 06, 2020
Yes. All gross income you receive must be disclosed for child support calculations. The Income & Expense Declaration (FL-150) must be completely...
Archived
Ex husband claims my children on his tax return. Is this legal?
Robert's answer
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Answered on February 06, 2020
As to whether he can claim the minor child on his tax returns: typically the party claiming the minor child has to have custody of the child at...
Archived
Do I have to take both last names?
Robert's answer
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Answered on February 03, 2020
You can change your last name to any name you want, so long as it isn't for a fraudulent purpose, copyrighted, or overtly offensive.
Live in California should I get a prenuptial agreement to protect my home & retirement benefits earned prior to marriage?
Robert's answer
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Answered on January 28, 2020
Without a prenuptial agreement, your home and retirement accounts probably won't be divided equally.
For your home, the community would acquire...
Archived
What if I get a good job and make money more after the divorce is final?
Robert's answer
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Answered on January 26, 2020
It depends on the terms of the Judgment. You and your spouse may stipulate to terminate the Court's jurisdiction to award spousal support to either...
Archived
Noncustodial parent recently married and wants to modify the existing support to pay less.
Robert's answer
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Answered on January 21, 2020
His marriage shouldn't have an effect on his child support obligation. Child support is calculated via a fairly rigid formula. If the Court orders...
Archived
Will I still receive spousal support if I file a Joinder?
Robert's answer
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Answered on January 21, 2020
A qualified domestic relations order (QDRO) is made in order to divide a retirement or pension account. The joinder of the retirement plan should...