Family Law Questions & Answers

Q: my ex-moved from Georgia to Wyoming two years ago. I haven'tseen or spoken to the kidssince. what can i do .

1 Answer | Asked in Family Law for Georgia on Nov 17, 2014

Answered on Nov 27, 2014

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Julie A. Rice's answer
The answer to your question depends on what is stated in the court order. What are your visitation rights? If the court order clearly sets out your visitation rights and he has taken the children to another state and you aren't able to exercise those rights, then you could file for a contempt action. Since this involves someone who has moved to another state, then this does complicate the situation in terms of jurisdiction, process of service, etc. so it would be important to have an...

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Q: Can I ask the court to deny any visitation if the father has not paid child support in 7 years.

1 Answer | Asked in Family Law for Georgia on Nov 17, 2014

Answered on Nov 27, 2014

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Julie A. Rice's answer
The answer to your question depends upon some important factors such as where the father resides and what your plans are to domesticate the judgement from the UK to GA.

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Q: Can I sue my kids' biological father for not providing and support? I buy food, shelter, clothes and anything elsen.

1 Answer | Asked in Family Law for California on Oct 16, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
If paternity has been established both biologically and legally (or if you and he were married at the time of birth), then yes, you can demand he support his kids financially. I am not sure how the abuse fits in here -- he says you are abusing them so that's why he's not providing food, shelter, clothes, etc for them?

Andy

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Q: i have a 15 month old son who's dad is not present in his life whatsoever. he asked for visitation that i dnt want given

1 Answer | Asked in Family Law for California on Oct 17, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
If paternity has been established both biologically and legally, then the father has the right to have visitation and custody. The actual implementation of this can be tricky if the parents live in different states. Visits might be every few months instead of every week.

If your son lives in Sacramento County, the dad would most likely have to commence a case for visitation, custody, etc in Sacramento County. By seeking visitation and custody, he would also be opening himself for...

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Q: we have never gone to court for anything and I send money every month she now says I owe back support what are my rights

1 Answer | Asked in Family Law for California on Oct 30, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
If you've never been to court, how did you determine what amount to send each month? Did the two of you just agree on something? You have to pay support, but there is a method to computing the amount owed. She can't say you're behind if the amount you're paying was just plucked out of the air.

Did you agree to let your daughter move to RI? If so, then you might have to go to RI to set child support and a visitation/custody schedule. Is there a court case in California of any kind?...

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Q: Hi, even tho you don't go thru with a divorce, can you legaly change your last name?

1 Answer | Asked in Family Law for California on Oct 30, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
It depends on whether you legally changed your name to a hyphenated version when you got married. This is normally done on the marriage certificate, although many married women just start using their new name without formally changing it.

If you want to just change your name back, you can do a petition to change name (google California petition to change name). I've never done it, but I believe the form you want to start with is the NC-100.

Andy

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Q: my ex husband secretly divorced me in another state 4 years ago and I just found out about it here in California

1 Answer | Asked in Family Law for California on Nov 1, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
Sorry to hear about your situation. I am not in San Luis Obispo, though. It is interesting from a legal perspective, though.

1) Until he domesticates the Oregon decision in CA, the Oregon decision is pretty much worthless in California.

2) Your case becomes much easier, I think, if you have proof that he said you were a missing spouse while he lived with you. You basically need to show with documents (e.g. mail, bank account statements, etc) that he very much knew where you...

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Q: I filed a form and overlooked checking a required box; what will happen to the case? It is currently showing as filed

1 Answer | Asked in Family Law for California on Nov 1, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
It depends entirely on the form and the box you didn't check. What is the form and box number?

Andy

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Q: If I have a child support order in the state of California and my ex spouse is not paying it what can I do

1 Answer | Asked in Family Law for California on Nov 3, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
Open case with your county department of child support. You can find the appropriate address and/or phone number by googling "X department of child support services" where X is your county (e.g. San Diego County, etc). This is very common and they do this all the time.

In my experience, you are more likely to get assistance faster if the ex-spouse has a steady job and can actually pay the support.

Andy

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Q: can a husband be held resonabale for his wife debit she got before they where married?

1 Answer | Asked in Family Law for California on Nov 5, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
If you're asking if a husband can be made to pay for his wife's debt from before the marriage, the answer is generally no because that debt is her separate property. There are exceptions to this (like there are exceptions in law to everything). Whether any exceptions apply to make you responsible for her debt will depend on the facts of your situation.

Andy

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Q: I am still married and I have moved from Ohio to California with the kids. Is this ok to do?

1 Answer | Asked in Family Law for California on Nov 10, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
It depends on what your custody and visitation orders say. The problem with moving away like you did is that it can interfere with the dad's ability to see the children. That assumes, of course, he was seeing the children. If he didn't have visitation at all or lost his parental rights, then he has suffered damage by your moving away. The fact that he might be mad at having been served child support papers makes me think he maybe is more upset at having to pay support and not you moving away....

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Q: Do I still have to pay child support if theres a change in custody in the future that grants me more time with my child?

1 Answer | Asked in Family Law for California on Nov 11, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
Yes, you still have to pay support. If the child spends more time with you (i.e. your percentage goes up, which it sounds like it has), then your child support obligation can go down assuming all other factors stay the same. The precise amount it would change is going to be determined by a computer program called Dissomaster. You can also go to the California Dept of Child Support's website and use the free child support calculator there.

Andy

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Q: If I am seventeen under my father custody but threatens to kick me out , but my friend wants to adopt me how can she do

1 Answer | Asked in Family Law for Florida on Nov 23, 2014

Answered on Nov 26, 2014

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Robert Jason De Groot's answer
The parent would have to consent to the adoption if you are still a minor. It won't work, basically, until you are 18.

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Q: My mom has full legal custody of my two boys how do I get them back they dont want to go back to my moms

1 Answer | Asked in Family Law for Ohio on Sep 12, 2014

Answered on Nov 26, 2014

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Lee Thompson Esq's answer
This was asked more than two months ago but no one answered. You would have to file a motion to change custody, now referred to as a modification of the allocation of parental rights and responsibilities. You would be asking the court to name you residential parent.

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Q: At what age can my child choose what parent he wants to live with in Ohio ?

1 Answer | Asked in Family Law for Ohio on Sep 15, 2014

Answered on Nov 26, 2014

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Lee Thompson Esq's answer
There is no specific age. Years ago, Ohio set the age of election at 12 but the court could still overrule a child. What the court is looking at now to consider a child's wishes, are in a shorthand way, the maturity and reasoning ability of the child. There is no specific age. A 10 year old may be one the court will listen to but a 14 year old may be found not to have the capability to do so. Still, the final decision rests with the judge.

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Q: can i have my child support reduced in state of ohio once the mother has gotten married and has to household incomes?

1 Answer | Asked in Family Law for Ohio on Sep 19, 2014

Answered on Nov 26, 2014

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Lee Thompson Esq's answer
It's possible. You need to look at the deviation statute. It's a difficult area and I would recommend consulting an attorney on this one.

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Q: If a father is paying child support what else is he obligated to pay if there is no other court orders

1 Answer | Asked in Family Law for Ohio on Sep 22, 2014

Answered on Nov 26, 2014

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Lee Thompson Esq's answer
He only needs to follow the order of the court, which can be modified.

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Q: I have a question. um, it is, if I want the divorce asap. Do I need to be separated from him for 90 days?

1 Answer | Asked in Family Law for Ohio on Nov 25, 2014

Answered on Nov 26, 2014

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Lee Thompson Esq's answer
In Ohio, no. A divorce can be filed while the two of you are living together.

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Q: My Girl friend has started her divorce and His lawyer wants my personal banking info and emplyment info and stubs

1 Answer | Asked in Family Law for Ohio on Nov 25, 2014

Answered on Nov 26, 2014

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Lee Thompson Esq's answer
That can get it but would need a subpoena. If one if filed, you can get an attorney and file a motion to what is called quash it. They could also take your deposition. My guess is they want the information to show she has money available to her from you.

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