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My wife has threatened to extend spousal support if she cannot get work by the time alimony payments end.
Richard's answer
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Answered on February 20, 2015
The key question is the Court's jurisdiction. If your judgment divests the Court of jurisdiction to extend spousal support, then you are not at...
Archived
How can I establish the legality of QDRO (401k) my husband created to make sure is split 50/50 according to CA law (divorce)?
Richard's answer
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Answered on February 20, 2015
As you are in Northern California, I recommend that you contact Moon, Schwartz & Madden in Orinda, California. They are accountants with...
Archived
Dropping assault/domestic violence charges in CA questions
Richard's answer
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Answered on February 20, 2015
In a case such as this one -- where your boyfriend was previously convicted of an awful and violent felony against a former spouse -- the District...
Archived
How to get alimony in California?
Richard's answer
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Answered on February 19, 2015
You will need to file a request for order for spousal support for temporary support. For permanent support, you will need to present evidence to...
Archived
Civil Lawsuit: What happens if you don't serve the defendant in 60 days?
Richard's answer
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Answered on February 19, 2015
As you are in San Jose, I recommend County Process. Ask for Scott or Nicole. They are process servers who are excellent at locating defendants. ...
Archived
Modification of a custody order
Richard's answer
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Answered on January 25, 2015
Per Family Code 3003, you are entitled to information concerning your children's schooling. Request it from the school. If they have questions,...
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Wife is trying to railroad me in divorce where she had an affair with the help from our co owned Rest.
Richard's answer
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Answered on January 25, 2015
Your wife's affair doesn't matter. You don't need to prove an affair to get a divorce in California. It is only relevant if she used community...
Archived
Will a court impute income on me if I retire at 59 years old?
Richard's answer
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Answered on January 25, 2015
The Court might. If you're healthy enough to work, jobs are available and expenses need to be paid, the Court may well impute income.
Expenses on community property after filing divorce
Richard's answer
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Answered on January 25, 2015
The expenses must be apportioned. The wife is entitled to a credit for half of the mortgage payments. The husband - who owns half of the house...
Archived
How is alimony and child support calculated after divorce is finalized?
Richard's answer
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Answered on December 19, 2014
Carefully review your Marital Settlement Agreement or Judgement. If spousal support jurisdiction has been reserved, then the Court will look at...