Atty. Kenneth Reyes

Consequences of Failing to Comply with Disclosure Requirements during Divorce

Thursday, 28 May 2009 20:37 Atty. Kenneth Ursua Reyes

THERE is a natural tendency between parties undergoing a divorce not to be forthcoming with one another in disclosing all their assets, debts, income and expenses. In an effort to get a bigger share of the pie, a party to a divorce proceedings sometimes will have to urge not to disclose that secret bank account or that secret property that was purchased without the other spouse’s knowledge. As a result, parties sometimes refuse to comply with the requirement to exchange preliminary and final declarations of disclosures. There is a statutory duty in family law to exchange prescribed "preliminary" and "final" declarations, along with a current income and expense statement, in all dissolution, legal separation and nullity actions. Family Code Section 2103 provides that "In order to provide full and accurate disclosure of all assets and liabilities in which one or both parties may have an interest, each party to a proceeding for dissolution of the marriage or legal separation of the parties shall serve on the other party a preliminary declaration of disclosure under Section 2104 and a final declaration of disclosure under Section 2105, unless service of the final declaration of is waived."

Does my child support garnishment automatically terminate once my child turns 18?

Thursday, 21 May 2009 21:57 Atty. Kenneth Ursua Reyes

(1 vote, average: 5.00 out of 5)

MANY child support obligors wonder whether their wages will automatically stop being garnished once their child turns 18. Well, it’s not as simple as that. The obligation to pay child support pursuant to a Court Order or Judgment continues until the child turns age 18 if the child is no longer attending high school as a full time student, until age 19 while still in high school full time, until completion of 12th grade while older than 18 but younger than 19, or if the child marries or becomes self-supporting (emancipated) before reaching the age of majority. A disabled adult child is entitled to child support beyond this period. (Fam.Code, §§ 3901.)

Knowing your rights to reimbursements during divorce

Thursday, 14 May 2009 21:01 Atty. Kenneth Ursua Reyes

DIVORCE can be a bit complicated specially if there are community assets and debts involved. Generally, accumulations and earning after the date of separation is each spouse’s separate property. What happens when you use separate funds to pay for community debts after the date of separation such as when one spouse continues to pay the mortgage to the family residence after separation? Does that spouse get credit for all those mortgage payment?

Awarding Child Custody in California

Thursday, 07 May 2009 20:23 Atty. Kenneth Ursua Reyes

ONE of the most emotional aspect of a marital dissolution case is dealing with Child custody issues. Sadly enough, this is an area where most parents play games with each other trying their best to deprive the other parents of their right to maintain relationship with their child. Child custody comes in two parts, 1) physical custody and 2) legal custody. Physical custody may be awarded solely to one parent or jointly. Sole physical custody means that the child will reside primarily and under the supervision of one parent subject to visitation from the other parent upon order of the court. Family Code §3007. Joint physical custody on the other hand means that the child gets to spend frequent and continuing contact with both parents. Family Code §3004. The court would state specifically the periods of time the child will be under the supervision of each parent.

What to do with conditional Green Card status in troubled marriages

Thursday, 30 April 2009 19:27 Atty. Kenneth Ursua Reyes

MARRIAGE for many persons is the culmination of one’s life. Getting married signifies the beginning of a new phase in life, both socially and economically. For those persons who lack permanent residency in the United States and have married a United States citizen, marriage also presents an opportunity to obtain permanent residency.

Factors that are considered in an award of spousal support

Thursday, 23 April 2009 20:07 Atty. Kenneth Ursua Reyes

THE purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of a particular case may be such which call for no spousal support, or for support for a very limited period of time, with the purpose to assist the supported spouse to "get back on his or her feet" as a single person, or until community property is distributed. On the other hand, the facts and circumstances of another case may call for support for an extended period of time, perhaps until death of the supported spouse, the purpose for which to provide assistance to one who cannot support himself.

I want out! Dissolution or legal separation?

Thursday, 16 April 2009 22:18 Atty. Kenneth Ursua Reyes

WHEN the marital relationship sours to the point where one or both spouses believe that the marriage cannot be salvaged, three remedies are available to terminate or alter the marital status: dissolution, nullity, and legal separation.

Under Family Code Sec. 2300, dissolution of marriage can be attained and the "single" status of spouses restored by 1) death of one of the spouses 2) a judgment of dissolution or 3) a judgment of nullity of marriage.

What to do with conditional greencard status in troubled marriages

Friday, 10 April 2009 04:49 Atty. Kenneth Ursua Reyes

Divorce consequences of moving from a common law state to California

Thursday, 02 April 2009 20:01 Atty. Kenneth Ursua Reyes

California is a community property state. This means property acquired by a couple during the marriage is community property for which each spouse has an equal interest. Other states such as New York and Connecticut are common law states.