QUESTION
What are my father's financial rights after being served with divorce papers?
Asked on Jul 30th, 2012 on Divorce - California
More details to this question:
My 77-year-old father was served with divorce papers. What rights does he have to joint finances? Can he take living expenses out of a joint checking and move his two automatic incomes pmts. ie social security and pension to his new accountt?
8 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes. He may be ordered to pay some back, but he should at least take half of the money and put it and any new checks into a new account.
Answered on Aug 16th, 2012 at 2:31 PM
Melissa Kay-Peterson Roudabush
He is allowed to remove as much as necessary to cover his living expenses. He may open a bank account for his income from this point forward, as well.
Answered on Aug 16th, 2012 at 2:31 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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He should consult at the very least with an attorney.
Answered on Aug 16th, 2012 at 2:30 PM
Your father's social security can be transferred to a new account. Either party can use money that is (was) already in the bank for their expenses. However, the answer regarding the pension is will ultimately depend upon whether your father was married (to the wife who is divorcing him) when he earned the pension in question. It may be entirely his separate property or it make be all community property or some of each. The best thing you can do for your father is to help him obtain counsel.
Answered on Aug 16th, 2012 at 2:30 PM
Great Question. Each party to the divorce MUST file a Financial Affidavit. The Financial Affidavits of both parties, in addition to other factors, are used to determine financial rights. Regarding the other matters, if he is doing that, consider getting an attorney as quickly as possible to go to Court and stop what he is doing. Good luck.
Answered on Aug 16th, 2012 at 2:30 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes, he can do all of what you list. If your father is in my area and is looking for an attorney, please have him contact me for a free consultation.
Answered on Aug 16th, 2012 at 2:30 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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I need a lot more information for an appropriate answer. In general, income after separation is separate property. The caveat is, though, that income earned during marriage is community property. His pension and social security, therefore, may have community components. He is most likely entitled to remove 1/2 of the money in the joint account.. Best bet for dad is to consult an attorney.
Answered on Aug 16th, 2012 at 2:16 PM
Yes, he should take his half of any joint account and move it along with his auto payments to a new account.
Answered on Aug 16th, 2012 at 2:15 PM