Latest Military pension Podcast Episodes

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Military Divorces Are Different

Andrea Kaye and Stan Prowse Legal Eagle Radio - April 21, 2016 19:06 - 11 minutes
Military divorces are different, right from the beginning. If we're talking about a service member who's on deployment, we have to know where he or she is in order to serve the member with the petition for dissolution of marriage. In some situations, there is no way to find out, because the nat...

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Senior Divorce

Andrea Kaye and Stan Prowse Legal Eagle Radio - April 21, 2016 19:02 - 10 minutes
Senior Divorce For Those Over 50 According to a recent article in The Wall Street Journal, the overall divorce rate has decreased slightly.  However, the divorce rate among people over 50 has increased substantially.  In 1990, the rate was one in ten.  In 2009, the rate was one in four.  In ot...

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California Divorce Essentials

Andrea Kaye and Stan Prowse Legal Eagle Radio - April 21, 2016 19:01 - 11 minutes
California’s legislature has given husbands, wives, and domestic partners of any persuasion the right to dissolve their marriages or domestic partnerships on the basis of irreconcilable differences.  Fault is not an issue.  Singing,“You cheated, you lied, you said that you loved me,” in Family ...

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Self Control and Divorce - Child Custody

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 31, 2015 22:24 - 9 minutes
Self control is an old virtue.  Lately it seems people have less of it in private and public than they used to have.  This is too bad, particularly if you are going through a divorce.  Losing it completely at home is also a good way to start one, because it will probably get you arrested and ki...

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Domestic Violence Protective Orders

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 31, 2015 22:24 - 13 minutes
California's Domestic Violence Prevention Act was passed in 1993, signaling a zero tolerance policy for civilian domestic violence.  Since 2001, the Department of Defense has also had a zero tolerance policy for domestic violence in the armed forces. The definition of domestic violence covers ...

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Military Pension Division

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 31, 2015 22:23 - 8 minutes
Dividing a military pension is a minefield Dividing a military pension is like walking through a minefield. From the perspective of both the service member spouse and the non-service member spouse, unexpected and unwanted results are an ever present risk. Why should it be so hard? One reason i...

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PTSD May Be a Factor in a Military Divorce

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 31, 2015 22:22 - 8 minutes
Divorce and PTSD The first question for an attorney representing a service member is whether his client has PTSD. Clients don't come in the door with their psychological issues written on their foreheads, and asking someone if they've been diagnosed with PTSD is probably not the best way to st...

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Modifying Child Support - Marine or Sailor

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 31, 2015 21:27 - 5 minutes
Child custody in military divorces often looks different than it does in civilian divorces.  Many young men marry their high school sweethearts before they enlist.  Their wives travel with them to wherever they are based.  Soon there are small children.  The combination of low pay, stressful pa...

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Divorce and Mental Illness

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 31, 2015 21:23 - 9 minutes
High Conflict Divorce Cases and Mental Illness Divorce lawyers refer to some divorces as "high conflict cases."  Over the past few years we've realized that some form of mental illness drives many of them. High conflict cases usually involve child custody and visitation.  The parties cannot a...

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Getting Help with PTSD

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 31, 2015 21:20 - 10 minutes
As a serving sailor or marine, you have a right to treatment of PTSD Whether you are a serving sailor, marine or retired service member, you have a right to treatment for PTSD.  Federal statutes and regulations creating the Veterans Administration and governing the care it provides guarantee t...

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Advanced Planning For Divorce - Records

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 31, 2015 21:07 - 6 minutes
Separate Property in A Divorce There are many things to consider if you’re thinking about divorce.  One of the most important considerations is records.  If you have what you think is separate property, be prepared to defend it, because you have the burden of proof.  Proving that “no” communit...

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Five Things to Remember About Child Support

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 17, 2015 04:42 - 10 minutes
If a divorcing couple has minor children, child support will be one of the main issues in their divorce.  Here are five things to remember about how child support works.   To find out how much you will pay or receive, someone has to do the following five things: 1.  Determine Custody. Joint...

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Why Is Divorce So Expensive?

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 17, 2015 04:32 - 7 minutes
Why is divorce so expensive?       And why does it take so long?  Why is divorce so expensive? There are many reasons.  Let's look first at dividing the assets.  Most middle class couples have more than one checking account, savings account, and money market account.  Let's take them and cut t...

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Five Most Important Things to do Before Your Divorce

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 16, 2015 05:52 - 11 minutes
1. Withdraw half of the money you have in joint bank accounts, and put it in a new account in your name alone at a bank where nobody knows your spouse. This includes all checking, savings, and brokerage accounts. Your spouse and his or her lawyer will profess to be shocked.  Pay no attention, b...

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Contested Uncontested Divorce

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 16, 2015 05:15 - 11 minutes
The phrases contested divorce and uncontested divorce can be misleading.  Let’s take contested divorce first, because its meaning is clearer than uncontested divorce.  From the court’s viewpoint  contested means that the case ended with a trial, the judge decided the issues, and the decision is...

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Legal Separation Versus Divorce

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 16, 2015 05:15 - 11 minutes
Many people ask about the difference between legal separation vs divorce.  Sometimes they ask because they are not sure their relationship with their spouse is irretrievably broken. Sometimes they ask for religious reasons, or because legal separation sounds better to them than divorce.  Somet...

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Child Custody and Visitation

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 13, 2015 00:25 - 10 minutes
Child custody and visitation determinations are undergoing a seismic shift. Traditionally a parent's behavior was described.  Now it is diagnosed. For example, instead of Dad being self-centered, Dad is now narcissistic. Of course,  narcissism has been around for a long time.  Narcissus was t...

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High Net Worth Divorce

Andrea Kaye and Stan Prowse Legal Eagle Radio - March 13, 2015 00:01 - 7 minutes
High Net Worth Individuals and The Premarital Agreement Living happily ever after is a lofty goal. Unfortunately, not every couple manages to obtain it. When one or both parties are high net worth individuals, a divorce typically presents more complicated issues than otherwise. High on the li...

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Domestic Violence Prevention

Andrea Kaye and Stan Prowse Legal Eagle Radio - January 30, 2015 21:56 - 11 minutes
The DVPA Provides immediate legal protection for victims of domestic abuse  California's Domestic Violence Prevention Act (the "DVPA") was passed in 1993.  Its objective is to provide immediate legal protection for victims of domestic physical abuse and emotional abuse, in the form of temporar...

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Child Support Fundamentals

Andrea Kaye and Stan Prowse Legal Eagle Radio - January 30, 2015 21:20 - 9 minutes
Child support must be calculated according to a complex formula set forth in the Family Code. It is complex because it is supposed to be perfectly fair, unlike the simple and arbitrary formulas used by other states. Except in rare cases, the only inputs are the average gross monthly incomes o...

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Child Custody Disputes

Andrea Kaye and Stan Prowse Legal Eagle Radio - January 30, 2015 21:20 - 9 minutes
The California Family Code is Explicitly Asexual Regarding Child Custody Proposing to slice a child in half to resolve a child custody dispute between divorcing parents would certainly be frowned upon today.  On the other hand, children in the middle of a custody battle between Mom and Dad fre...

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Spousal Support Fundamentals

Andrea Kaye and Stan Prowse Legal Eagle Radio - January 30, 2015 20:18 - 11 minutes
Calculating Spousal Support Spousal support tends to be a dirty word to the high earner spouse in a divorce. He or she is likely to come away thinking the amount ordered by the court is outrageously high, and that they got the shaft while the low earner got the mine.  They are also likely to t...

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California Child Custody Fundamentals

Andrea Kaye and Stan Prowse Legal Eagle Radio - January 30, 2015 20:17 - 15 minutes
There are two kinds of custody and two ways to allocate them between parents. The first kind of custody is legal. The second is physical. The first way to allocate custody is to award it to one parent. This is called sole custody. The second way is to award it to both parents. This is cal...

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