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Blog Posts in January, 2010

FORM 8332 is required to release DEPENDENCY EXEMPTIONS to Father awarded deduction!

Please Note: There have been some important changes to IRS policies for how to claim the dependency exemption since this Blog was first written over two years ago - please click here for the latest ...
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Can CHILD SUPPORT ORDERS be made RETROACTIVE?

Q. Can child support orders be made retroactive in a court proceeding? A. Except when the county has paid benefits, or possibly where a third party has provided necessaries like food, shelter, or ...
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How long does a CHILD SUPPORT OBLIGATION continue?

Q. How long does child support last? A. At a minimum, by statute, the duty to support a child that is imposed by FC section 3900 continues as to an unmarried child until the age of 18 years or, if the ...
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My ex wife has twice taken the DEPENDENCY EXEMPTION. I am supposed to get alternate years.

Q. My ex wife, who is getting child support from me, has twice claimed our daughter on our taxes. We are supposed to alternate each year. I took her back to Court, and the Judge ordered that I get to ...
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How does one begin to become MINDFUL during DIVORCE?

Q. What does being mindful require? A. Mindfulness requires nothing because it exists outside the realm of achievement. It is based within the present moment, and the present moment exists without ...
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What should I do before selecting a divorce attorney?

Q. What should I ask a family law attorney to see if we are a good fit? Before you step into a lawyers office, you should know something about them. Today this is easy. Go to the California State Bar ...
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Am I LIABLE for my husband's CHILD SUPPORT ARREARS from his first marriage?

Q. Can the property I owned before marriage be taken to pay for my husband's unpaid child support from his first marriage? Latisha, Goleta, CA A. No matter when child support, or spousal support ...
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Are my EARNINGS during marriage LIABLE for my spouse's PREMARRIAGE DEBTS?

Q. Are my earnings liable for my spouse's debts incurred before marriage? A. Earnings during marriage are not liable for your spouse's debt incurred before marriage so long as these earnings ...
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Am I liable for my husband's BUSINESS DEBTS?

Q. My Husband is being sued for a business debt. I am not named in the lawsuit. Am I still liable? Cindy, Morro Bay, CA A. You do not need to be named in a lawsuit against your husband to collect a ...
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My Wife caused a CAR ACCIDENT. Am I LIABLE too?

Q. My Wife caused a car accident. We were underinsured. Am I liable if the wreck occurred before we separated? Sam, Aptos, CA A. Personal injuries and property damages caused during marriage get a ...
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Must I pay any of my husband's STUDENT LOAN if we DIVORCE?

Q. If my Husband and I divorce, am I stuck with any of his student loan? Jean, Carlsbad, CA A. Hi Jean - used to surf in your neighborhood as a youngster Most likely not. Upon separation and ...
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If my Wife and I are separated, do I have to pay the CREDIT CARDS she ran up after leaving?

Q. My Wife and I are separated. Am I liable for her debts she incurs once we split up? James, Blythe, CA Credit Card Debt and Divorce If you are a co-signor on, for instance, a credit card account you ...
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Am I LIABLE for my spouse's PREMARITAL DEBT?

Q. Am I liable for my spouse's pre-marital debt? A. Yes, and no. Whether you are liable for debts of your spouse depends on what kind of property exists and is available to satisfy a debt. ...
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Why is the date of PHYSICAL SEPARATION legally important?

Q. Why is the idea of 'physical separation' important in California divorce or domestic partnership dissolutions? A. The idea of "physical separation" is one of the most important ...
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What Is a LEGAL SEPARATION in California?

Q. What is meant by "separation" in California, and is legal separation a good idea? A. There are two contexts in which the word separation is used in divorce and family law in California: ...
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What are interspousal FIDUCIARY DUTIES?

Q. I keep hearing the phrase "interspousal fiduciary duties". What does it mean? A. Few areas of California divorce and family law is changing as rapidly, or is having as great an impact ...
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I have an attorney but what if I want a SECOND OPINION?

Q. I am represented by an attorney. However, I don't have a lot of faith in him anymore and now trial is scheduled in four months. Am I being paranoid in wanting a second opinion about my divorce ...
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My wife she used her INHERITANCE to buy our home. We are getting divorced.

Q. My wife and I separated in June 2009. When we purchased our home in March of 1998 (married December 1994), she used part of an inheritance from her grandmother to help with the down payment. I have ...
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My Husband Is Receiving A PERSONAL INJURY SETTLEMENT. Am I Entitled To Any of It?

Q. My Husband is receiving a large settlement for an auto accident he was in. If we divorce, am I entitled to one-half of the settlement? Allice - Rancho Cucamonga, CA Probably not, but maybe. ...
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