Child Support Services Department (CSSD) are often sought by the custodial parent to obtain and or enforce child support order against the non-custodial parent. If the non-custodial parent has not been paying the child support order or has not sought modification of the child support order, then the child support accumulates as arrears and compounds…
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…
In previous editions of this article, the process of obtaining permanent residence through marriage was explored. Discussion of that procedure began with the supposition that the couple was married, and continued with the various steps to ultimately gain permanent residence. In many cases, however, a problem exists in even getting to the point at which…
The date of separation is one of the most litigated issues in a divorce case. Its determination can have a significant economic consequence in the outcome of the case. The reason being, a spouse’s “earnings and accumulations” after separation are his or her separate property. A spouse’s “earnings and accumulations” while living separate and apart…
Generally in California, property acquired by a spouse prior to marriage is considered under the family code as separate property while those acquired after marriage are considered community assets. What ever happens when one spouse purchases real property before marriage but retains it during marriage and uses community funds to pay the mortgage? The community…
Consider this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in…
CALIFORNIA law on the nature of spouses’ rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good faith” standards to heightened “confidential duty” and “fiduciary duty’ standards. Under current law, the duties owed between spouses in transactions between themselves are the same…
Divorcing couples may have established revocable living trust for estate planning pusposes during their marriage which was funded primarily with assets acquired by one spouse prior to the marriage. The issue is what is the characterization of those property when the couple gets the divorce. Transmutation is the changing of the characterization of a property…
FOR most professional immigrants that seek long term immigration status in the US, the key to success is finding an employer who would petition them for an H-1b visa. The problem recently though is the reduction in the visa numbers for this classification that makes this visa unavailable most of the year after the cap…
FOR most professional immigrants that seek long term immigration status in the US, the key to success is finding an employer that would Petition them for an H-1b visa. The problem recently though is the reduction in the visa numbers for this classification that makes this visa unavailable most of the year after the cap…
The economic crisis of the past few years and changes in immigration legislation has made it more difficult to pursue certain traditional paths to obtaining permanent residency in the United States. Employment based immigration has been affected by long wait time in priority under the EB3 category. H1-b visas has been affected by the visa…
It is very common for beneficiaries of family based petition to wait many years before their petition’s priority date becomes current. This is usually the case with US Citizen parent petitions to adult son or daughter. This is also common among petition’s between Siblings. What happens when the Petitioner dies? Are all those years of…
There is a natural tendency among divorcing parties to hide their assets from their spouse and understate income. This is a common problem that I have observed from practicing law for many years. A common question I hear from clients is “my spouse doesn’t know I have an account in this bank, do I have…
THIS is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. Domicile is where a person lives and intends to remain. However, there…
PARENTS that are going through divorce and legal separation sometimes have to make a decision to move out of state for various reasons. It may be because their family network is in another state. This decision often have a significant impact on the visitation of the other parent because it would be more difficult for…
Couples have different spending habits and different philosophy in handling marital finances. Some spouses are conservative in managing their finances and stick with a budget while other spouses do not even set budgets. What is your exposure if your spouse is a shop-a-holic and runs though his/her credit card like there is no tomorrow? What…
California law on the nature of spouses’ rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good faith” standards to heightened “confidential duty” and “fiduciary duty’ standards. Under current law, the duties owed between spouses in transactions between themselves are the same…
A petition for nullity of a marriage is based on an allegation that an impediment existed at the time of the marriage that prevented the marriage from ever existing. Whereas a petition for dissolution of a marriage typically alleges that some issue arose during the marriage that precludes it from continuing further (i.e. “irreconcilable differences”),…
YOU and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve…
The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
GENERALLY, property acquired during the marriage are considered community property. However, property acquired by “gift, bequest, devise, or descent” are the acquiring spouse’s separate property. The issue becomes more complicated when a gift is given under the name of both spouses. In that situation, the community property joint presumption kicks in which presumes an acquisition…
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…
Thinking about one’s demise is not something people want to spend time thinking about. However reality is that we all have to face this one day. It is just a matter of whether you depart this world prepared or unprepared. If you pass away with at least $150,000 in gross assets and you do not…
IT is very common for beneficiaries of family based petition to wait many years before their petition’s priority date becomes current. This is usually the case with US Citizen parent petitions to adult son or daughter. This is also common among petition’s between Siblings. What happens when the Petitioner dies? Are all those years of…
SINCE 1938, US immigration regulations have provided for the automatic revocation of the approved visa petition upon the death of the Petitioner. However, immigration regulations since 2006 provided that automatic revocation provisions does not apply to a spousal immediate relative petition if the deceased petitioner and the alien widower had been married at least two…
Since 1938, US immigration regulations have provided for the automatic revocation of the approved visa petition upon the death of the Petitioner. However, immigration regulations since 2006 provided that automatic revocation provisions does not apply to a spousal immediate relative petition if the deceased petitioner and the alien widower had been married at least two…
IT IS a common situation specially within the Filipino community in California to listen to paralegal marketing about “Quick” Nevada divorces.?Since there is no divorce in the Philippines,?many Filipinos?come to the US still married to?their spouse in the Philippines.? After settling in the US,?some Filipinos in this situation end up?meeting an American boyfriend or girlfriend…
The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
There seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this question a lot from our family law clients. The fact is that California is a no fault state and you do not need your spouse’s…
An action for dissolution of marriage often involves the division of community property. Typically, this involves property that is in the control and possession of either spouse. However, community property is often in the control of a third party not involved in the divorce proceeding. This scenario commonly occurs when one of the spouses has…
