Atty. Kenneth Reyes

Reopening deportation proceedings and rescinding deportation orders

Thursday, 11 March 2010 17:03 Atty. Kenneth Ursua Reyes

UNDER Title 8 of the Code of Federal Regulations (CFR) Sec. 245.2(a), if an alien is in deportation or removal proceedings, his application for adjustment to lawful permanent residence status can only be made and considered in those proceedings. For those persons who have had a deportation order entered against them in absentia (i.e. the person did not appear at the deportation hearing), and are now eligible for adjustment of status (such as through marriage to a United States citizen), the foregoing code requires reopening of the deportation or removal proceedings for the adjustment application to be considered. This article explores possible ways to reopen deportation or removal proceedings so that a deportation order can be rescinded and the adjustment application can be heard.

Your liability for your spouse’s financial irresponsibility

Monday, 08 March 2010 00:55 Atty. Kenneth Ursua Reyes

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 if your spouse has a gambling problem and continues to get in debt to finance his/her gambling habits or what if your spouse has child support arrears from a previous relationship? To add insult to injury, what if you are the primary bread winner in the family working two jobs at the hospital while your spouse philanders around for other prospects.

Your liability for your spouse’s financial irresponsibility

Thursday, 04 March 2010 19:13 Atty. Kenneth Ursua Reyes

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 if your spouse has a gambling problem and continues to get in debt to finance his/her gambling habits or what if your spouse has child support arrears from a previous relationship? To add insult to injury, what if you are the primary bread winner in the family working two jobs at the hospital while your spouse philanders around for other prospects.

Generally, the community estate is liable for a debt incurred by either spouse before or during marriage and prior to separation. The liability accrues regardless of which spouse has management and control of the property or whether one or both spouses are parties to the debt or to a judgment for the debt. Fam.C. § 910(a) and (b). The communnity estate are the property and earnings accumulated during the marriage. In other words, your community property can be liable to creditors of your spouse for debts accumulated even prior to marriage. The community estate liability is not limited to debts incurred for the benefit of the community. Under Family Code § 910, the community may be liable even to debts incurred by one spouse exclusively for his or her personal benefit.

Can I obtain a divorce if my spouse will not sign?

Sunday, 28 February 2010 19:55 Atty. Kenneth Ursua Reyes

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 signature in order to get a divorce. What is more important is being able to satisfy the jurisdictional requirement of the Court of residing in the State for at least 6 months prior to filing the petition and in the County for 3 months prior to filing the petition.

Obtaining permanent residence through marriage

Thursday, 18 February 2010 18:47 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. However, although the opportunity to obtain permanent residency arises in such situations, one must be aware of and comply with procedures in existence to obtain such status. Due to concerns that persons were becoming married to United States citizens merely to obtain permanent residence status, a two-step procedure under the Immigration Marriage Fraud Amendments of 1986 (IMFA) was set up to ensure such status was given to those only in marriages that are bona-fide and not entered into simply for immigration purposes.

Getting out of a joint tennancy situation that has gone sour

Thursday, 11 February 2010 20:51 Atty. Kenneth Ursua Reyes

As persons living in the Los Angeles area, we are all aware of the high cost of living and high price tags attached to homes for sale. Often, an individual’s income does not provide sufficient funds to cover living expenses, let alone the purchase of a home. Consequently, persons who desire to avoid the money pit that is rent, but cannot afford to purchase a home on their own, frequently agree with a relative or friend to purchase property together and become co-owners.

Consequences of failing to comply with disclosure requirements during divorce

Thursday, 04 February 2010 17:22 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."

Factors that are considered in an award of spousal support

Thursday, 28 January 2010 18:00 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.

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

Sunday, 24 January 2010 20:23 Atty. Kenneth Ursua Reyes

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.)