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What is a spousal waiver for when purchasing a home?
Buying a house together indicates that the house would be marital property. A waiver signed before purchase means that either spouse is relinquishes any claim to the property, should the marriage end.
Is a waiver of spousal support enforceable in a Prenuptial Agreement enforceable under California law?
See the FAQ section at www.laprenuplawyer.com. Historically, waivers of spousal support were considered to be unenforceable in California. But in 2000 the California Supreme Court reexamined California's long-standing policy against such waivers of spousal support in In re Marriage of Pendleton & Fireman, 24 Cal.4th 39 (2000) . In that case, the Supreme Court found that when entered into voluntarily by people who are aware of the effect of the prenuptial agreement, a premarital waiver of spousal support does not offend contemporary public policy. In response to the Pendleton decision, the California Legislature promulgated new regulations that limit when modifications or waivers of spousal support in prenuptial agreements may be upheld. Section 1612 (c) of the Family Code now provides that any provision regarding spousal support, including a waiver, will be unenforceable if either party against whom enforcement is sought was: (1) unrepresented by independent counsel at the time the agreement was executed, or (2) if the provision is unconscionable at the time enforcement is sought. It is impossible to predict what circumstances might someday cause a Family Law judge to conclude that enforcing a spousal support waiver would be "unconscionable." While we can surmise with a high degree of certainty that if, after a 10-year marriage, one party is worth one billion dollars and the other party has no assets is unemployed, and is completely disabled, enforcement of a spousal support waiver would likely be deemed to be unconscionable. On the other hand, at the other extreme, we can say with equal confidence that if, after a one-year marriage, both parties have assets of equal value and comparable incomes, enforcement of a spousal support waiver in a prenuptial agreement would not be deemed to be unconscionable. Between these two extremes, we can only speculate where a Family Law judge might draw the line between "conscionability" and "unconscionability." Unfortunately, since Section 1612 of the Family Code was amended by the California legislature in 2002, there has been little case law that addresses under what circumstances a Family Law judge is likely to find a waiver of spousal support to be "unconscionable." Until a more developed body of case law emerges that addresses this important issue, it is impossible to predict under what sort of circumstances a provision in a prenuptial agreement dealing with (or waiving) spousal support is at risk of being struck down on the grounds that it is "unconscionable."
What is a Deed of Waiver?
A Deed of Waiver usually means that a person is formally waiving their rights to something they are otherwise entitled. In a divorce, for instance, some parties agree to sign a Deed of Waiver to waive rights to a spouse's pension after death.
Can You still Be sued for child support once you sign an affidavit waiver of interest of a child?
I'm not familiar with this waiver, but I'm sure that signing it does not exempt one from paying support.
What if you have a green card and get married to an illegal?
A new rule still to come into effect can help in this case. Its the Application for Waiver of Grounds of Inadmissibility,Form I-601 waiver which can be used in case the illegal spouse can prove extreme hardship if separated. But this waiver is not in effect still.
How can I revoke waiver of ex-wife not to pay child support?
Yes you can.
If you are illegal in US and marry a green card holder will you get any papers and be legal?
Marriage to a US citizen does not make the foreigner legal in the US. The marriage itself will be legal, but the status of the illegal person does not change. The couple still has to go through the correct steps and the process to obtain a spousal visa and legalize the status of the spouse. The first step is to file one of the two spousal petition options with USCIS, providing background information on both parties and paying fees. Once the petition is approved and has been sent to the National Visa Center, various other forms and fees need to be filed and paid. The approved petition will eventually be sent to the US Consulate in the illegal person's home country where s/he will have to go for a visa interview. At the interview s/he will be denied the visa based on his/her illegal presence in the US and if he/she is eligible, s/he will be allowed to file a 601 waiver to overcome this visa ineligibility. Along with the waiver, the US Citizen/qualifying relative has to provide a detailed letter with evidence and documentation proving that the USC will suffer "extreme hardship" if the foreign spouse's visa is denied. Waiver approval rates differ from country to country as does waiver adjudication time. The non-USC is required to stay outside of the US during the waiver adjudication time, which could be more than one year, depending on the country. If and when the waiver is approved, the spouse will receive either a green card or a non-immigrant spousal visa (depending on which type of petition they chose to submit). If itis a non-immigrant visa, there is further adjustment of status paperwork /fees/fingerprints/interviews to be done in the US before the spouse can work and until a conditional green card is received. If the couple has been married for less than two years, the card is conditional and those conditions are required to be lifted 90 days before the two year anniversary of receipt of the original card.
Are spouses responsible for employee loans after their death?
In most cases a waiver has to be signed that states the spouse will not be responsible. This is especially true for credit cards. If you have signed a statement in contract that states in case of death... it depends on what it states; responsible or not responsible, again it is all in the fine print. There may be a waiver on a loan if the spouse had no knowledge of said loan if loan was signed into being prior to a wedding date.
What is an immigration country report?
It is a requirement for the I-601 Waiver "perdon." It is as evidence to support the qualifying relatives (e.g. U.S. Citizen, or Permanent Resident, spouse or parent) claim that he/she will suffer extreme hardships if the I-601 Waiver was delayed or denied. One agency that sells immigration country report is H. Paul Leyva International, Inc for $9.99 each. Contact number is 847.924.2833 or leyvainternational com ships in 2-3 days
Can you sign off back child support in fort Wayne Indiana?
Only the courts can approve any waiver or forgiveness of past-due child support.
What are the three types of judicial waiver?
judicial, prosecutorial waiver and legislative waiver
What is a Spousal Waiver of 703.140b exemptions?
I WOULD LIKE TO KNOW THE WORDING THAT GOES INTO THE SPOUSAL WAIVER. The "Spousal Waiver of 703.140b exemptions" that I am referring to in this answer is actually called the "Mutual waiver of right to claim state exemptions other than those provided in California Code of Civil Procedure 703.140(b), during pendency of bankruptcy case." It is a document that is signed by married couples when one spouse wants to file bankruptcy in California individually (and not jointly with their spouse) and they want to use the 703.140b exemptions. (This waiver is certainly used in the southern district where I practice). Exemptions are the things that allow you to keep property in a bankruptcy. Without exemptions your property would be taken and sold by the Trustee to satisfy your debts. There are two sets of exemptions in California. One set is called the "non-bankruptcy exemptions" and this is the set that contains the homestead exemptions. These are listed under CCP (Code of Civil Procedure) 704. If you don't own a home or if you don't have equity in your home then most people would choose the 703.140(b) exemptions when filing a bankruptcy because the 703 exemptions contain the very generous "wildcard" exemption. The wildcard (modeled after the federal exemption statutes) allows you to keep any type of property at all (even cash) with a value up to approximately $20,000. (Check for the exact amount at the time you are considering filing bankruptcy). The spousal waiver is necessary in California because both spouses must agree on which set of exemptions they will both take together. If they don't choose or if they can't agree on which exemptions they want then they get the non-bankruptcy 704 homestead exemptions by default. They would both then lose the wildcard. By signing the Waiver both spouses waive their right to claim any state exemptions other than those provided in 703.140(b) during the pendency of their chapter 7 bankruptcy. That means that if they sign then the agree to use the 703 exemptions (wildcard) and they waive or give up their right to use the 704 homestead exemption. In my experience most chapter 7 bankruptcy filers want this set of exemptions so most couples sign the document and they get their wildcard exemption which they must now share. The wording of the waiver comes from CCP 703.140(a)(2) so check out that section of the law to see where it came from but the effect of it is as I described above. For more bankruptcy information check out my website and my blog at www.farquharlaw.com.
