Wendy K. Tse Contributes to Divorce Magazine

Gilligan, Frisco, Trutanich & Sarris, LLP own Wendy K. Tse has contributed to the FAQ & Answer section of Divorce Magazine for its 2016 Winter / Spring Digital Edition. Her answers to FAQs will be featured on DivorceMagazine.com. I want to change my name back to my maiden name. How do I do this?

1.    I want to change my name back to my maiden name. How do I do this?
Changing your name back to your maiden name is a simple process in a dissolution of marriage.  On the Judicial Council Judgment Judicial Council form (FL-180), there is a provision allowing your former name to be restored.  You type in your maiden name exactly as you would like it, and once the Judgment is entered by the court, your name is effectively changed as the Judgment is a formal order of the court.

2.    What is a deposition?
A deposition is a formal means of obtaining information in a civil action and is basically your testimony under oath taken outside the courtroom, usually taken in one of the attorney’s offices.  You will be asked questions by the opposing attorney and in some cases by other attorneys. The questions and your answers will be recorded by an official court reporter.

3.    What can the spousal support recipient do to protect against the payments ending with the payor’s death or disability?
Spousal support usually ends upon the payor’s death or can be reduced if there is a change of circumstances such as the payor becoming disabled.  A spousal support recipient could try to protect against support payments ending with the payor’s death or disability by negotiating a buy-out of spousal support where the payor pays a lump sum to the recipient spouse and therefore the payor’s death or disability would not affect spousal support.  Alternatively, a spousal support recipient could obtain some type of security such as a life insurance policy on the payor’s life so that the recipient would receive some money should the payor predecease the recipient. Similarly, a spousal support recipient could obtain disability insurance in the payor, however, disability insurance is usually cost prohibitive.  Additionally, if the case involves a long term marriage, one of over ten years in length, the spousal support recipient may be entitled to collect a higher amount of Social Security upon the death of the payor.

4.    When will my child support end?
Generally, California Family Code §3901 provides that a parent’s duty to support his/her child continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.