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In California, if a couple is married for 4 years and are now divorcing, is the community property split evenly?
Myrlys's answer
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Answered on December 24, 2012
Generally, all property acquired by a couple during marriage is presumed to be community property (CP). However, this presumption can be overcome...
Archived
How much does it cost to change you Last Name in Yucca Valley,CA
Myrlys's answer
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Answered on December 23, 2012
If it is done as part of a divorce, there is no cost outside of the divorce filing costs. If done as a Name Change Petition, the cost is the filing...
Archived
Other party is asking that I pay her attorney fees. I do not work; my husband does. Will his income be considered mine?
Myrlys's answer
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Answered on December 23, 2012
Under Family Code Section 2030, a court may order one party to pay some or all of the attorney's fees of another party. An attorney fee award under...
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Can i claim my son even if i pay child support and have provided when i was working before. i don't live with my son but i still
Myrlys's answer
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Answered on December 23, 2012
You can claim your son if you meet the IRS requirements and your court order allows you to claim the deduction AND your ex signs the IRS Form 8332...
Archived
Why do I pay more child support when mandatory and non-mandatory retirement were computed in to the DISSOMASTER? How is the TCI?
Myrlys's answer
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Answered on December 23, 2012
Very simply stated, this is a common occurrence. The loose theory is that if you have more tax deductions, you have less tax liability and with...
Archived
Do I have to leave the house if I file for divorce or separation?
Myrlys's answer
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Answered on December 23, 2012
Neither one of you has to leave the house if you file for divorce or legal separation. In fact, we are seeing more and more divorcing couples...
Archived
Can a wife get alimony even if they are only married for 3yrs , 6 months pregnant and have 2 yrs old son.
Myrlys's answer
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Answered on December 19, 2012
If there is disparate income, a need for the receiving party and the ability to pay for the paying party (among other factors) yes, a wife can...
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Archived
If my wife has a baby by insemination against my wishes, am I responsible for the child?
Myrlys's answer
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Answered on December 19, 2012
In California, there is something called the Marital Parentage Presumption (see Family Code Section 7611(a)) which is essentially that a child born...
Archived
On the minute order, I see "amended petition ... ". What does this mean?
Myrlys's answer
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Answered on December 19, 2012
If the petition was amended, it may be that the Petitioner amended the petition to correct an error (such as the date of marriage or requested...
The court reserves jurisdiction over the issue of child support
Myrlys's answer
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Answered on November 17, 2011
Generally speaking, I see a reservation for support when support -- whether it is child support or spousal support --is set at zero. This empowers...
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