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Adam Garcia
2,625 followers -
Bankruptcy Attorney at Sacramento Law Group
Bankruptcy Attorney at Sacramento Law Group

2,625 followers
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Generally, an individual can receive an #annulment in California if the marriage was obtained under any of the following circumstances: (1) In cases of bigamy, when one spouse is already married to someone else; (2) Where incest exists, such as siblings or other close blood relatives; (3) When the marriage resulted from fraud or force; (4) One of the spouses had an unsound mind or was under age 18 at the time of the marriage; (5) The other spouse’s incurable physical incapacity.

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The principles behind California's formula for calculating #childsupport are contained in Family Code § 4053 and explain in part why the formula places a greater burden on the wage earning parent of a single income household. According to § 4053 the court must adhere to the following principles when implementing the formula...

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While a spouse may attempt to hide assets during #divorce in California, there are steps a vigilant party and their family law attorney can take to uncover such unethical behavior.

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Unlike child support, permanent spousal support in California is not calculated using a statutory formula. Instead, the determination whether to award permanent spousal support, the amount of support, and the duration of support is influenced by 14 factors found in Family Code §4320.

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To file for #divorce in #Sacramento you must have been a resident of Sacramento County for at least 3 months and California for at least 6 months. After filing the divorce petition and serving your spouse you must wait at least 6 months and 1 day before a final judgment for dissolution can be entered by the court.

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All parents want to provide for their children, but California child support laws can impose a significant financial burden on the income-producing parent. The California Family Code requires #childsupport awards to be calculated using each parent’s actual income (which is zero for the stay-at-home parent) and recognizes that the award may appropriately increase the standard of living of the custodial parent. As a result, California child support law, while designed to establish “adequate” child support, often leaves the income-producing parent in #divorce with significant child support obligations.

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Some policies behind California's statutory formula for calculating child support in #divorce that weigh against the income-producing parent include:

1) Each parent should pay for the support of the children according to his or her ability.
2) Children should share in the standard of living of both parents. Accordingly, #childsupport may appropriately improve the standard of living of the custodial household to improve the lives of the children.
3) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children.
4) Child support orders must ensure that children receive fair, timely and sufficient support reflective of California’s high standard of living and high costs of raising children compared to other states.
5) The amount of support awarded using the Guideline is presumptively correct in all cases.

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Chapter 13 bankruptcy is not a magic wand that eliminates debt without any work on your part; it’s a powerful tool for repaying secured debts while you keep your property. One powerful feature of chapter 13 #bankruptcy is the ability to cure defaults on long-term debts while retaining your property. In regards to your home in foreclosure, you can keep your home while you repay your late mortgage payments over 3 to 5 years.

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There are several costs when filing chapter 7 #bankruptcy in California. The largest expense is hiring an attorney. #Modesto bankruptcy attorney Adam Garcia typically charges $900 in attorney fees, but other attorneys may charge more. After paying an attorney you’ll have to pay the Bankruptcy Court a $335 filing fee. Lastly, you must pay for 2 online courses required by the Bankruptcy Code. These courses typically cost $15.
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