Family Law Questions & Answers

Q: My husband is a USA citizen holder. And i'm Indian. My husband is a business man in USA. I'm legally his wife.

1 Answer | Asked in Family Law for California on Feb 14, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
I'm not understanding your situation. If you file for divorce in the US, you can ask for temporary spousal support. There's a formula that the courts use for that. If you file for divorce, you control what happens and when. Thus, if you are the one who files and he doesn't want to give you the support you want, he can't finish the divorce on his own. Without finishing the divorce, he can't remarry.

The court would want you and he to either work out the support problem or the two of you...

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Q: My spouse left me, I have not way to contact. Can I file for legal seperation, so I can save my home?

1 Answer | Asked in Family Law for California on Feb 9, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
Sure you can file. The problem may be serving the papers on them. You have to try to find them somehow through mutual friends and/or family. You might be able to serve by publication (google that).

Andy

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Q: Can I file for full custody even though I don't know where the father lives?

1 Answer | Asked in Family Law for California on Feb 18, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
Was a paternity case or declaration of paternity ever done? Since the two of you were not married, he is not the legal dad and has to take additional steps to be declared the legal dad. Until he is the legal dad, he doesn't have standing to ask for custody, visitation, etc.

Even though you don't know where he is, you still have to try to find him and serve him. It is possible the judge may allow you to serve by publication. This can involve publishing newspaper ads, etc.

Andy

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Q: my step son has filed for divorce I am the step mom am I able to serve his soon to be ex? State is California.

1 Answer | Asked in Family Law for California on Feb 28, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
Sure you can. CA's server requirements are basically just (1) be over age 18, and (2) not be a party to the action. Being related to one of the parties by blood is fine, which means a relation by marriage is fine as well.

Anndy

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Q: Dating someone & got pregnant. Not married. He broke up with me. What responsibilities does he have as the father in CA?

1 Answer | Asked in Family Law for California on Mar 1, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
You'd have to file a paternity case in your local family court to get him declared to be the legal date since you and he were not married. A paternity case basically involves a DNA test that, if positive, largely settles the case.

Once he is determined to be the legal father, he is responsible for child support. He can also file for visitation and custody, but from the custodial parent's perspective, the obligation to pay child support is usually the big thing they are interested in....

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Q: How do I get proof that I don't owe any back child support

1 Answer | Asked in Family Law for California on Feb 25, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
Checks and other similar forms of proof of payment can work. If you have a child support case open through the state, however, you can call your local DCSS office and request a print out of your balance. This can take some time, however. If you have online account access set up, you can print out a balance in a few minutes.

Andy

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Q: I need advise gave brirher a car. He died girlfriend refuses to give back. No tags, no insurance, no registration

1 Answer | Asked in Family Law for California on Mar 2, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
This is not technically a family law question. You'd have to sue the girlfriend for either return of the car or the monetary equivalent. I'd also fill out a notice of release of liability with the DMV so that if the girlfriend hits someone, gets in to an accident, gets a ticket, etc, it is not your fault.

I believe the Notice of Release of Liability form is a REG138 and it is available online.

Andy

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Q: I live in California and I filed Motion for Custody of minor as the father lives in PR. How can I serve him?

1 Answer | Asked in Family Law for California on Mar 2, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
You'd have to do it using a method that Puerto Rico law recognizes. I am not licensed there, but I would guess serving him personally would be sufficient. You will need someone in Puerto Rico to do that, though. This could be a friend or family member. I do not know whether local law enforcement in PR would be able to do this for you. I have never looked, but I assume there are process servers in Puerto Rico. If you give them a name and address for the father, I am sure they could serve him....

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Q: My hushas been unfaithful numerous times. So I want to file for a divorce. He was in an accident

1 Answer | Asked in Family Law for California on Mar 2, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
There is no way to answer this. Alimony is determined by many things. These are listed under Family Code section 4320. You can google that if you want. Infidelity, however, is not a 4320 factor.

Andy

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Q: If a couple has been married for 34years and if they divorce does the woman get any of his benefits?

1 Answer | Asked in Family Law for California on Mar 3, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
What a spouse will get in such a situation depends on many, many, many things. The length of the marriage is only one component of the formula to decide who gets what. I would guess, however, that there is a good chance the woman should get something.

For example, if a marriage was longer than 10 years, a spouse can claim a share of their ex-spouse's Social Security retirement benefits.

I'd encourage you to find a lawyer in your area to discuss what other factors might factor...

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Q: Child support in Maryland with no court order. Does it terminate on its own, or do I send a letter to the courts?

1 Answer | Asked in Family Law for Maryland on Feb 25, 2015

Answered on Mar 5, 2015

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Evan M. Koslow's answer
if no court order on child support then the courts never knew you were paying it. You could stop at anytime.

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Q: If a person is indigent can a court force that individual to pay restitution

1 Answer | Asked in Family Law for Maryland on Feb 26, 2015

Answered on Mar 5, 2015

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Evan M. Koslow's answer
restitution for what? Criminal matter? back child support? Much more information needs to be provided before any sort of response can be provided.

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Q: How can I find out if my estranged spouse has filed for divorce?

1 Answer | Asked in Family Law for Maryland on Feb 26, 2015

Answered on Mar 5, 2015

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Evan M. Koslow's answer
If he or she lives in Maryland you can look here: http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp and type in your name or your spouse's name. If he lives in another state, perhaps the other states have a similar website you can check.

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Q: Do either parent have to pay child support to one another if we share joint, split, legal and physical custody.

1 Answer | Asked in Family Law for Maryland on Mar 1, 2015

Answered on Mar 5, 2015

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Evan M. Koslow's answer
depends on each parents income and any daycare costs. If equal income and 50/50 physical custody then no child support would be awarded to either parent.

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Q: Filed a mod of support and for custody of the child-he is living w/ me but I am still pay c.s. How can this be stopped?

1 Answer | Asked in Family Law for Maryland on Mar 2, 2015

Answered on Mar 5, 2015

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Evan M. Koslow's answer
contact the office of child support immediately and request a hold on the garnishment or at least a hold of them forwarding the money to the other parent until this is resolved. If they will not agree, file a Motion requesting a freeze and file a motion to shorten time for OCSE to respond. You would do well to consult with an attorney off line.

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Q: What money has to be included when filing for child support?

1 Answer | Asked in Family Law for Maryland on Mar 2, 2015

Answered on Mar 5, 2015

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Evan M. Koslow's answer
If you are receiving child support for another child, that is not considered income, under the table or not.

The Maryland Child Support Guidelines defines "actual income" to include, without limitation, (i) salaries; (ii) wages; (iii) commissions; (iv) bonuses; (v) dividend income; (vi) pension income; (vii) interest income; (viii) trust income; (ix) annuity income; (x) Social Security benefits; (xi) workers' compensation benefits; (xii) unemployment insurance benefits; (xiii)...

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Q: My childs mother wants a child support increase to help pay for boyfriends child support?

1 Answer | Asked in Family Law for Maryland on Mar 2, 2015

Answered on Mar 5, 2015

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Evan M. Koslow's answer
The Court will decide whether or not a modification is necessary, by determining whether either (or both) of your incomes have significantly changed, the child's work-related daycare has changed, and if custody has changed in determining whether or not to modify. It also wouldn't hurt if you have proof that she isn't trying to change child support for the best interest of the child, but if the above factors haven't changed since the last order was entered she will likely not be successful.

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Q: Does my child's father have right to sign over custody to my mother if he returns to his country?

1 Answer | Asked in Family Law for Maryland on Mar 3, 2015

Answered on Mar 5, 2015

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Evan M. Koslow's answer
Yes, your mother can adopt the child and that would in turn terminate the father's parental rights. It's much easier to have this accomplished with the father's consent.

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Q: If my husband bought a truck in his name while we were married then can i ask him to sell it during the divorce?

1 Answer | Asked in Family Law for California on Mar 4, 2015

Answered on Mar 4, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Since you are going through a divorce proceeding, the family court will order how the assets should be divided. If the truck was purchased with community funds, it would be considered a community asset. Be sure to consult your own attorney to protect your legal rights.

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