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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1696
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I am going through a divorce in CA, divorce papers were filed

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I am going through a divorce in CA, divorce papers were filed in March of 2011. Unfortunatly my youngest daughter now 30 yr old broke her neck in an accident(5/29/2011) and is a quadrapalegic and I have been with her since as her primary care giver. My main question is will the courts of ca take this into account as I am not able to work yet and I am in another state (AZ) to be her care giver. At some point in the next 1 to 2 years we are hoping that she will be able to be more independent. Also my age is 59. I am in the process of selling the joint buisness my ex and I had together. we have in northern california. Of course my ex wants the moon and has been very vindictive during the divorce and is a pathological liar so there is no chance of any co-operation from her. She has a good job paying her 55K a year. I wonder if there are any previous cases that could be used that would help me out here so I can continue to help my daughter. She has no insurance benefits to help pay for a nurse or care giver so I have had to play this role and it is important for me to be with her as support for emotional well being as she has stated multiple times when she is in severe pain that she doesn.t want to live this was if they can't get her pain under control. Iam not very happy with the attorneys mine or hers they seem to work together to collect as much money as possible. In fact the first words out of my attrneys mouth after talking to her attorney the first time about this case was " Chuck said you have xxxxxxx amount of money" is that correct. This is a small town so these attorneys have had cases together for over 25 years. Over 90000.00 has been spent for these attorneys with no results. In fact the judge having more common sense than 100 of the attorneys working this case told them in court that he was not going to give themXXXXXtime for a 5 year 8 month marriage. I had some large inheritence funds from 2002 and my spouse had debt when we married in 2005. looking for any kind of advice. I will later discuss what i think are real ethical issues with these attorneys and what I perceive as neglegence. My wife is in her mid 30s if you need to know that fact and there was no written prenup.
Submitted: 2 years ago.
Category: Family Law
Expert:  Steven K. replied 2 years ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

An obligation to an adult disabled child is not a factor in determining how to divide community property. In California, all community property is to be divided 50/50 without consideration for other factors. However, this obligation could be taken into account if either party is requesting spousal support from the other party. Although it is not a specified factor in the statute, the court may consider any factors the court determines are just and equitable. (California Family Code Section 4320(n).


Steven Kincaid :

What are the issues that are being disputed?

Steven Kincaid :

The inheritance should be your separate property - unless you commingled it with community property funds. Pre-marital debt should also be your spouse's separate property. Each spouse has no right or responsibility with respect to the other spouse's separate property.

Steven Kincaid :

With respect to your daughter - does she have too much income or too many assets to qualify for SSI and Medicaid? That could help cover some of her medical expenses. But if she is receiving SSDI or some other form of income, she might not be eligible for Medicaid - at least not without paying for it out of her income.

Steven Kincaid :

Is there any other information I can provide for you?

Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1696
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Steven K. and 3 other Family Law Specialists are ready to help you

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