Divorce and Foreclosure in San Bernardino

July 13, 2011,Posted by admin

In today’s economy, many couples are burdened financially and as a result in many instances divorce is initiated. Financial issues are typically the root of divorce filings.
The Community house/residence are commonly in default in at or near foreclosure proceedings.

Couples can certainly still proceed with the divorce action despite being upside down on the home. The home can be short-sale or  in many cases, couples have just walked away from their homes in default. Unfortunately that is the sad reality that we are faced with in today’s economic times.

With no equity in the home, many couples are just defaulting on the loan and walking away from it. In the divorce process, the house will be one less issue to address and resolve because there is no equity in the home.

Usually in better economic times, there is equity in the home and one party typically decides to keep the home and buy out the interest of the spouse or it gets sold altogether and the proceeds are then divided between the spouses.

Despite the housing market crashing and having no equity in a community residence, parties can still proceed with the divorce process using an experienced family law attorney. Other issues such as custody, visitation, support and pensions, still need to be addressed in a divorce action.

The family law attorneys of Wallin & Klarich in San Bernardino can help and guide you through the process and explain your rights as a spouse and/or parent and discuss in detail the interest in all the community assets and debts acquired during the marriage.

If you are in the middle of a divorce or plan to initiate one, contact the experienced family law attorneys at Wallin & Klarich in San Bernardino, to assist you in cost effective measures when in it comes to divorce and family law matters. Our attorneys have helped numerous people in the same or similar situations when divorce is involved. Call Wallin & Klarich today at 1-888-280-6839 or visit our website at www.wkfamilylaw.com.

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I am Getting Divorced and I Make More Then My Spouse. Do I have to Pay Spousal Support? – Part 2

July 08, 2011,Posted by admin

In a previous blog, we discussed the general rule and/or principal for the ordering of spousal support. We discussed how if the parties have been married for less then 10 years, the higher income earner will have to pay spousal support to the other spouse for a period of time that equals half the length [...]

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My Spouse Cheated On Me. Can I Use This To My Advantage In My Divorce?

July 08, 2011,Posted by admin

“I have proof that my wife has been cheating on me with her gym trainer”. “My husband is a big gambler and womanizer and has used a lot of our money on prostitutes and gambling during our marriage.” Many times we get calls from spouses who want to file for divorce and want to know [...]

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My wife and I have 2 children, ages 12 and 10 and we have lived in California for 9 years and now my wife wants to leave me and take the kids with her to be with her family in Kentucky, Can she do that legally??

July 06, 2011,Posted by admin

It really depends on whether there is a court order or not, as a married couple, if you separate before either one files for divorce or for a custody motion, one parent will usually care for the children primarily outside an agreement between the parties and if that parent moves to another state, that parent [...]

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Tax Implications of Spousal Support

July 01, 2011,Posted by admin

Alimony or spousal support paid to a former spouse arising out of a court order, or family law judgment is tax deductible by the payor when he/she files an income tax return. Contemporaneously, spousal support received by the payee/recipient arising out of a family law order or judgment is taxable income to the payee/recipient. Determination [...]

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Does a Father automatically obtain custody rights from a DNA test?

June 30, 2011,Posted by admin

Many times, a father will take a paternity test to determine if he is the biological father a minor child when there is no marriage involved. Once it is determined that he is the biological father through DNA testing, the next step would be to file a Paternity Petition and a motion to determine custody [...]

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I am the father of my 9 month old daughter but the mother refused to put me on the birth certificate. Now she is not letting me see my daughter. What can I do to be able to establish my parental rights?

June 29, 2011,Posted by admin

If you believe you are the biological father of a child but you are not named as the father on the birth certificate then you must go to court to establish your parental rights. You do this by retaining a lawyer and file for “paternity” of your child. If the mother “contests” your paternity then [...]

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What does the Court base the child support award on?

June 24, 2011,Posted by admin

The factors the court considers when calculating guideline child support include: (1)    How much time each parent spends with their children, (2)    How much money the parents earn or have the ability to earn, (3)    How much other income each parent receives, (4)    How many children these parents have together, (5)    The actual tax filing [...]

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How does the Court Determine Child Support?

June 22, 2011,Posted by admin

If parents cannot agree on how much money is fair and reasonable, outside of court, to take care of their child, the court’s assistance may be requested to order to determine that one parent is to pay the other parent a specific amount of money every month to help pay for a child’s living expenses. [...]

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What is the Difference Between Legal and Physical Custody?

June 22, 2011,Posted by admin

We often get calls from parents inquiring about the custody of the their children in their on-going divorce or paternity matter, etc. Many times these parents want sole custody. However, they often overlook that fact that there are two types of custody to address, Physical Custody and Legal Custody. We will now go over the [...]

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