Atty. Kenneth Reyes

H-1b Visas for professionals and college graduates

Thursday, 26 March 2009 21:22 Atty. Kenneth Ursua Reyes

Mostaliens that come to the United States do so under a B-1 or B-2 visa as a visitor which gives visitors up to six months stay in the US. However, due to the recent policy of disfavoring extensions of visitors status, extending one’s visitors visa is almost no longer an option for a lot of aliens seeking to reside in the US permanently. For aliens that do not have any immediate relatives that are LPR’s or US Citizen, it takes years to obtain a green card through employment unless ofcourse you’re a nurse or physical therapist. In the meantime, it is necessary to maintain status in this country.

Tax consequences of divorce on non custodian parents

Friday, 20 March 2009 22:33 Atty. Kenneth Ursua Reyes

Consider the common divorce scenario where the divorce judgment provides primary custody of the children to one spouse while the other spouse only gets visitation. The parties begin to file separate tax returns. What are the tax consequences of the non custodial parents with regards to claiming the children in his or her return?

A non custodial parents can no longer file as head of household, even if the non custodial parent is allowed to claim the children as dependents under the divorce judgment because this requires that the parent have custody of the children at least 6 months of the year. Non custodial parents also can no longer claim the earned income tax credit. However, the non custodial parent can claim the child tax credit

K-1 Visa: Fiancee visa to marry US Citizen

Saturday, 07 March 2009 00:00 Atty. Darrick Tan

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 a couple is married. Often, a foreign national is in his/her home country and, for one reason or another, the U.S. citizen cannot travel to that country to marry him/her. A solution in such a scenario can be found with the K-1 Fiance(e) Visa.

A K-1 visa allows a foreign national to come to the United States to marry a United States citizen. The K-1 visa is valid for ninety (90) days after entry to the United States, during which time the marriage must take place. Once the foreign national is issued a K-1 visa, any of his/her unmarried children under the age of 21 may be issued K-1 visas. Upon arrival in the United States, the foreign national may immediately apply for permission to work. A two-step process is involved to obtain a K-1 visa.

Awarding child custody in California

Thursday, 26 February 2009 20:05 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.

Can I get a quick divorce when issues exist regarding property, support and custody?

Thursday, 19 February 2009 22:43 Atty. Kenneth Ursua Reyes

The decision to terminate one’s marriage typically brings to the forefront many issues all at once. Issues pertaining to property, support, and child custody need to be addressed in a divorce proceeding. In a long term marriage especially, these issues are often heavily litigated between the spouses, and can take a significant amount of time to resolve. Frequently, a spouse would like to "move on," and re-attain single status as soon as possible, but has a perception that to become divorced, issues concerning property, support, and child custody first need to be resolved. Many erroneously believe that getting a divorce prior to resolution of property, support, and custody issues is like putting the "carriage before the horse"—an impossibility. Under the Family Code, a spouse can "bifurcate" the issue of marital status and terminate the marriage without having to wait until the issues pertaining to property, support, and child custody are resolved.

Why is the date of separation significant in divorce cases?

Thursday, 12 February 2009 20:57 Atty. Kenneth Ursua Reyes

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 a judgment of legal separation are his or her separate property. A spouse’s "earnings and accumulations" while living separate and apart from the other spouse are his or her separate property as well pursuant to Family.Code. § 771(a)).

Factors that are considered in an award of spousal support

Thursday, 05 February 2009 22:44 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.

The two situations mentioned hereinabove are extreme cases, on opposite ends of the spectrum. Quite obviously, the facts and circumstances in a particular case may be such which call for some amount of support for some period of time, though not until death of the supported spouse. For example, the court may order support for that period of time required for the supported spouse to obtain or complete an education, to allow the supported spouse to take care of the children until they reach an age where a return to employment would be more feasible, or to become self-supporting within a reasonable time.

California Court’s Power to make Divorce Orders When One Spouse Does Not Live in California.

Thursday, 29 January 2009 20:56 Atty. Kenneth Ursua Reyes

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 is an additional requirement if you are seeking a divorce rather than annulment or legal separation. To obtain a divorce in California, one of the parties must have been a resident of California for six months immediately before the filing of the divorce petition. Responding spouses can use this requirement as a defense if the Petitioning spouse does not meet such requirement when the petitioner filed for divorce. In addition, divorce petitions may be filed in the county where at least one spouse resided for 3 months immediately prior to filing the petition.

Characterization of gifts in divorce cases

Saturday, 24 January 2009 05:55 Atty. Kenneth Ursua Reyes

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 c ompl i -cated 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 by the spouses during the marriage in "joint form" as community property under Family Code Section 2581. In such situations, it is important to look into evidence of the intent of the donor and the parties mutual understanding. At the very least, the gift becomes a reimbursable separate property contribution. Therefore, it is important to evaluate the intent of the parties and the underlying circumstances when faced with what the other spouses characterizes as a "gift."