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Blog Posts in 2009

My New Wife Works. Can this NEW MATE INCOME Be Used to Increase my CHILD SUPPORT?

Q. I have two children from a previous marriage. I remarried two years ago, and my new spouse earns $8,500 month. While my hours have been reduced during this recession and my monthly gross averages ...
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How Are SOCIAL SECURITY benefits Treated In DIVORCE?

Q. How are Social Securities Benefits Divided in Divorce? Social Security Benefits are included in the definition of "income available for support" of Family Code section 4058. That means ...
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What is permanent SPOUSAL SUPPORT in California?

Q. What rights do I have to permanent spousal support? I live in Palm Desert, CA. Suzanne A. Permanent spousal support is not usually "permanent," although it can be in cases of very long ...
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How is TEMPORARY SPOUSAL SUPPORT Determined in California?

Q. How is temporary spousal support calculated in California? Temporary "Pendente Lite" Spousal Support Awards in CA Divorce In order to be entitled to spousal support, parties must be ...
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ENFORCING SUPPORT ORDERS in California

Enforcing California Child Support and Alimony Orders As a private person, you have a host of remedies. Some require the assistance of an attorneys, other may not depending upon your relative interest ...
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GRANDPARENT CUSTODY in California.

Grandparent Custody and Visitation There are a number of important aspects to nonparent custody and visitation which deal with the rights of people who are not biological or legal parents of children ...
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How Do I CHANGE VENUE in a divorce?

Q.: My wife moved to the desert with our two sons about 5 months ago. Up to that time, we were living together at our home near Watsonville in Santa Cruz county, where I still live. Yesterday she ...
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Domestic Violence and SHELTER FROM THE STORM

Coachella Valley Shelter From the Storm I visited the administrative center for the Palm Desert based Shelter From the Storm on November 11, 2009, and met with its Executive Director, Lynn Moriarty, ...
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I am a COMMON LAW spouse under Canadian law. We have been living in California for 4 years and acquired property.

Q. My husband and I qualify as common law spouses in Canada, where we lived until 4 years ago when we moved to Palm Desert, CA. Does this mean anything? Gwen, Saskatchewan A. There is no common law ...
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Is OVERTIME considered in fixing CHILD SUPPORT?

Q. Is overtime a factor in considering child support? from Ted, in Fontana Yes, if there is already a history of overtime - meaning a court won't order a parent to work overtime who hasn't ...
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Can you give me a MOORE MARSDEN Analysis on My SEPARATE PROPERTY HOME?

Q. Can you please help. I understand a Moore-Marsden analysis needs to be performed on my house in my pending divorce, but I don't understand what it is my attorney is telling me. These are the ...
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I want to hire a NEW ATTORNEY with money my husband was ordered to pay my last lawyer.

Q. The court ordered my husband to pay my family law attorney $10,000 for legal fees at $500/month. He has made 2 or 3 payments. The court order says the fees are to be paid directly to her. I want to ...
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How does my sister get CUSTODY of her GRANDSON?

Q. My Niece has a 1 yr old son. She is always gone on drugs and alcohol. Her mother cares for him 24/7, takes him to doctors... the boy's mother doesn't seem to care for him. My sister needs ...
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My girlfriend is due to have a baby next month. I am not sure if it mine. What do I do?

Q. My girlfriend is having a baby in September, but I don't know if I am the dad. A friend told me that I need to be careful because if I go to the hospital with her when she has the baby, I will ...
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Joint legal and sole physical custody Mom needs help.

I am a mom in San Diego County. There are court orders for joint legal custody and sole physical to me. The old orders said I could move anywhere within San Diego County. I just changed our son's ...
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