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Blog Posts in April, 2010

When do SOCIAL SECURITY BENEFITS commence after divorce?

Q. When do Social Security Benefits begin after I divorce, and what might I be entitled to? A. Although retirement benefits can begin at age 62, the amount received will be at least 20 percent less ...
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Are SOCIAL SECURITY benefits income for purposes of SUPPORT calculations?

Q. Are my social security benefits includible as income to me for purposes of my spousal support and child support application? Pursuant to California Family Code section 4058 gross income for ...
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What SOCIAL SECURITY BENEFITS may be paid to CHILDREN?

Q. My former husband is very ill. If he dies, what Social Security Benefits may our two children be entitled to? Social security benefits may be paid to children when one parent becomes disabled, ...
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What SOCIAL SECURITY BENEFITS are paid upon the DEATH of a SPOUSE after DIVORCE

Q. What widow's benefits exist from Social Security if my former spouse dies? In order to qualify for derivative widow (widower) Social Security benefits, a couple must have been married for at ...
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SOCIAL SECURITY BENEFITS and REMARRIAGE for divorced spouses

Q. I would like more information on my social security benefits in divorce if I remarry. A divorced person may receive social security benefits in one of two ways: (1) upon retirement based upon that ...
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Will California recognize a SAME SEX MARRIAGE from Vermont?

Q. My same sex spouse and I were married in Vermont in 2001 but moved to Palm Springs five months ago. Now it looks like we are splitting up. She works full time and I take care of the home. Can I ...
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Do I need a COHABITATION AGREEMENT?

Q. I am thinking about asking my girlfriend to move in with me. Should I be considering a Cohabitation Agreement and what would it say? A lawyer's job is to give conservative advice that protects ...
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Will the Court DRUG TEST My Wife?

Q. How do I get a Court Order for drug testing my wife? I know she is using and I fear she is a danger to our son. Your argument for drug and alcohol testing of parents or others having custody or ...
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How Do I Get the Court to Order My Husband to be HAIR FOLLICLE tested?

Q. I know my ex-husband uses drugs and I fear for the safety of our children. We are having a custody dispute. Is it possible to have him give a hair follicle sample for drug testing? How do I get a ...
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How Do I Get the Court to Order My Husband to be HAIR FOLLICLE tested?

Q. I know my ex-husband uses drugs and I fear for the safety of our children. We are having a custody dispute. Is it possible to have him give a hair follicle sample for drug testing? How do I get a ...
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Will the Court DRUG TEST My Wife?

Q. How do I get a Court Order for drug testing my wife? I know she is using and I fear she is a danger to our son. A. Your argument for drug and alcohol testing of parents or others having custody or ...
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How Do I Defend a Request by My (Former) Spouse to SET ASIDE our Support Orders?

Q. My former spouse claims that I lied on my Income and Expense Declaration and has filed a motion to set aside that order, seeking more money. How do I oppose this? A. This type of support ...
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What Are My Rights When I Believe My Spouse Committed Fraud in Their Income & Expense Statement?

Q. What remedies do you have if you believe your spouse concealed income or lied about assets in their Income and Expense Declaration [Form FL-150]? What If He Lied to You and the Court In His Income ...
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What happens to FEES I deposited if I FIRE my ATTORNEY?

Q. What are the refund policies if I reconcile with my spouse or switch divorce attorneys? A. Attorneys are required by California State Bar Rule 4-100 to refund all unused fees promptly, for whatever ...
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What happens to the FEES I give an ATTORNEY?

Q. Where does my Retainer Deposit go when I hire a family law attorney? A. Family Law lawyers are required to place all unearned fees into a State Bar approved Attorney Client Trust Account. ...
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What is a Family Law Retainer Agreement?

Q. What is a Family Law Retainer Agreement and When Is It Required? Retainer Agreement is a written contract between you and your divorce lawyer. The California Bar requires that any agreement for ...
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How do COURTS decide to award JOINT CUSTODY?

Q. How do courts decide whether to award joint or sole custody? Family Code section 3010 provides that a mother and a father "are equally entitled to the custody of the child." However, ...
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When can I file for LEGAL SEPARATION in CALIFORNIA?

Q. Can I file for legal separation in California if I just moved here from Arizona? In order to be entitled to file an action for legal separation, a spouse does not need to be a resident of the State ...
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How do I FIRE my ATTORNEY?

Q. How do I fire my family law attorney? You are free to discharge your attorney, and terminate his or her services, for any reason and at any time. Attorneys cannot require that you first pay off ...
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When I get MARRIED, how do I avoid my husband's DEBT?

Q. If I marry is it possible to avoid any of my fiancé's debt liability? Yes. First, your separate property doesn't become liable for a spouse's premarital debt simply by marrying. ...
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Am I LIABLE for my husband's NURSING HOME DEBT?

Q. Am I liable for my husband's nursing home bills? Community and both spouse's separate property is liable for the other spouse's "necessaries of life" while the spouses are ...
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Am I LIABLE for my husband's GAMBLING DEBTS?

Q. My husband won't stop gambling. Am I liable for his gambling debts? Janet, Lake Havasu, AZ The community property that the two of you own is liable as to satisfy his gambling obligations, ...
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Q. Who is liable for debts that we assign between us in our divorce settlement?

Q. Who is liable for debts that we assign between us in our divorce settlement? After property is divided incident to divorce or legal separation it is no longer community property; it is the separate ...
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DCSS INTERCEPTED my TAX REFUND with my new Husband.

Q. The district attorney's office intercepted our tax refund to pay past due child support. If we divorce do I get any of this money back? K. Santa Clarita, CA A. You might. This tax refund was ...
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