Atty. Kenneth Reyes

Apportionment of retirement benefits in divorce case

Thursday, 13 November 2008 22:37 Atty. Kenneth Ursua Reyes

One of the major assets a divorcing couple usually has, other than real estate property, are retirement benefits such as company pensions, 401k, and other deferred compensation. The problem in determining how much community property interest in the retirement benefit arises when the employee spouse worked at a particular employer longer than the period of the marriage. The question that arises is how do you apportion the community property interest? How much of it is the employee spouses’s separate property?

Retirement benefits in a divorce case are usually characterized as community property to the extent that the work done to earn them is performed between the date of marriage and the date of separation. Marriage of Brown. The community interest is not affected by whether or not the rights are vested or matured. To the extent that the work was performed before the date of marriage or after the date of separation, the benefits are the employee spouse’s separate property.

Defending husbands against wife’s false allegation of domestic violence

Friday, 07 November 2008 01:29 Atty. Kenneth Ursua Reyes

(1 vote, average: 5.00 out of 5)

Many women contemplating divorce file false allegations of domestic violence against their husband as a matter of tactical advantage in a divorce case. This is often done either without notice to the husband or ex parte with 24 hour notice. It is unfortunate that there are bad apples out there because it shifts the burden to the Courts to weed out which cases are false and which are meritorious enough to deserve protection under the law. Courts often take the side of caution in these cases specially where physical abuse and contact are involved. Court tend to protect women and children because they are the most vulnerable in our society. Unfortunately if the allegations are false, it often gives the domestic violence applicant a tactical advantage in a divorce proceeding against the husband in several respects.

First, the husband can be ordered to move out of the family residence immediately or on short notice. This puts the husband in a difficult position of having to look for a place to stay and not having enough time to take personal belongings and documents he may need in a future divorce battle. If the husband is the high earner in the household, he may also be ordered to maintain the household even though the wife is the one that lives there. Husband is placed in the situation where he has to maintain two households.

I want out! Dissolution or legal separation?

Thursday, 30 October 2008 23:12 Atty. Kenneth Reyes

(2 votes, average: 4.00 out of 5)

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.

Knowing your rights to reimbursements during divorce

Friday, 24 October 2008 10:22 Atty. Kenneth 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?

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

Friday, 17 October 2008 10:25 Atty. Kenneth 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.

Parent's right to change child's residence to another state in custody cases

Friday, 10 October 2008 09:56 Atty. Kenneth Reyes

(1 vote, average: 5.00 out of 5)

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 the non-custodial parent to exercise his or her visitation rights in a frequent and continuing manner if the custodial parent moves to a different state hundreds or thousands of miles away from the non custodial parent.

Parent's right to change child's residence to another state in custody cases

Thursday, 09 October 2008 10:53 Atty. Kenneth Reyes

Determination of Child Support Payments in California

Tuesday, 30 September 2008 10:25 Atty. Kenneth Reyes

(1 vote, average: 4.00 out of 5)

Whenever the support of a minor child, or an adult child for whom support is authorized under §3901 or §3910 of the family code, is at issue, the court may order either or both parents to pay an amount necessary for the child’s support. Family Code §4001. For purposes of child support, a minor child is one under 18 years old. Family Code §6500.
The parties may not by agreement divest the court of jurisdiction to order child support. Marriage of Ayo (1987) 190 CA3d 442, 235 CR 458; Marriage of Lambe & Meechan (1995) 37 CA4th 388, 44 CR2d 641.

Child support is determined using a statewide guideline. The calculation is based on the parents’ respective net monthly disposable incomes, the number of children for whom support is being determined, and the parents’ respective periods of primary physical custody and visitation times. Applying the formula to those factors would result to the child support amount.

Naturalization: Becoming a US citizen

Tuesday, 23 September 2008 09:55 Darrick Tan

As Filipinos, we are all undoubtedly aware to a certain extent of the procedures and avenues by which one can obtain permanent residence. After obtaining permanent residence status, many green card holders desire to take that next step—becoming a United States Citizen. As a United States Citizen, one is afforded many privileges that are not conferred on persons who only have permanent residence status. A United States Citizen is able to petition for the green cards of close relatives, pass on citizenship to existing children and children yet to be born, and vote. Needless to say, naturalization is a very important step that requires familiarity of the requirements and procedures involved. The following is a brief overview of naturalization.