Family Law Questions & Answers

Q: If my child support addendum says no deviation and there is a clear deviation what can be done about it

1 Answer | Asked in Family Law for Georgia on
Answered on Feb 9, 2016

Take the other party to court for contempt for deviating from whatever they aren't supposed to be deviating from.

Q: I got married 8 yrs ago. He left 9 mths after we married. Haven't heard from him since can I get a quick divorce?

1 Answer | Asked in Family Law for Georgia on
Answered on Feb 9, 2016

The court is going to presume that is his child if the child was born during the marriage. This is a complicated situation with jurisdiction, serving him with the papers, dealing with the issue of the child, etc. so you really need to seek legal counsel where you can sit down and tell you story and learn all your options in this case.

Q: do they still pay child support with rights signed away?

1 Answer | Asked in Family Law for Georgia on
Answered on Feb 9, 2016

The law is just as it has been stated. The biological father will have to pay child support until there is an adoption and at that time his rights are terminated and he is no longer responsible for the child; never, not at any point in time. Your husband will step into his shoes and will have all rights, responsibilities, and obligations as the biological father did.

Q: My wife took my child out of AZ, to CA, and filed for divorce 2 wks later. She does not meet state or county residence

1 Answer | Asked in Family Law for California on
Answered on Feb 8, 2016

You need to obtain an attorney in Arizona and file for divorce there. You need to request a UCCJEA hearing by filing an emergency request in your local courthouse. Good luck.

Q: I have domestic issues I need help with

1 Answer | Asked in Family Law for Colorado on
Answered on Feb 8, 2016

Due to the age of the case you have restricted options. Option one, bankruptcy is a possibility (you would need to qualify for an exception to the normal rule that support payments are NOT discharged in bankruptcy--you will need a bankruptcy attorney). Option two, contact the court and establish a payment plan (expect to be treated very poorly--which you cannot react to...). Option three, try to reconcile with your parents and have them sign a satisfaction and release of your support payments....

Q: In the state of Colorado, in Denver can a 17 year old marry a 14 year old if both parties have parental consent?

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Answered on Feb 8, 2016

No, Colorado requires that the parties be at least 16 with parental consent. See CRS 14-2-106 @ (click on the statutes link) http://www.intotolegal.com/upcoming%20Events/Forms.html . Incidentally, sex with a child under the age of 15 is a class 3 or 4 felony (even with consent).

Q: looking for an attorney in Alabama to file a motion to set aside an order titled divorce decree based on fraud

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 8, 2016

If you can prove fraud, then you should simply look for a divorce attorney in the county in which the divorce was filed.

Q: If the court has ordered an agreement of joint physical custody with the father ordered to pay child support and he

1 Answer | Asked in Divorce and Family Law for Alabama on
Answered on Feb 8, 2016

If the hearing was pendente lite (temporary in nature) and he was ordered to pay temporary support he will have to pay that. He will come back in the final hearing and attempt to show that he does not owe as much or should not pay as much. That will be in the final hearing. What chance there is that his support will be reduced or eliminated depends on the facts of the case. His income, your income, etc.

Q: When does a mother lose the right to take her child anywhere?

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 8, 2016

Not if there is a Court Order that says they have custody of the child! Go to the clerk of court and see what they have filed. Better yet, hire yourself an attorney and defend your rights to your child. Don't sit at home and wait for something to come to you in the mail. Get to the Court House in the jurisdiction where you live and make sure they have your address and make sure that you get a copy of whatever if filed.

Q: At the time of consumption of my daughter I was with the guy who I thought was the father however he signed the birth

1 Answer | Asked in Family Law for Georgia on
Answered on Feb 7, 2016

If the child has never been legitimated, then he has no rights. If he legitimates the child then he will have to pay for child support but that does not mean he gets visitation or custody rights. Since he hasn't seen this child for so long and she is still very young, then it is doubtful that the court would allow any visitation that is unsupervised by a qualified person; also especially given his criminal history.

Q: If my girlfriend has been incarcerated she pregnant as the father will I be able to take my baby to take care of her

1 Answer | Asked in Family Law for Georgia on
Answered on Feb 7, 2016

It will be up to DFACs. Legally, you have no rights until the child is legitimated and that isn't done until you file after the baby is born and then DFACs will determine if you are competent to take care of the child.

Q: We are separated 4 yrs. I filed divorce. She is asking for restitution of conjugal rights. Is that possible?

1 Answer | Asked in Family Law for Georgia on
Answered on Feb 7, 2016

There is a separation of church and state and the religious consequences of the divorce are hers to handle outside the courtroom. If you want a divorce b/c you no longer get along with her, then you will get a divorce regardless of her religious claims and you won't owe her anything b/c of her religious issues.

Q: my mom passed away with no will, how much will the state of cal take from the sale of her property, three apts one house

1 Answer | Asked in Estate Planning and Family Law for California on
Answered on Feb 7, 2016

Your sister should hire an attorney to help her through the probate process and have her appointed as the administrator of the estate. This estate shouldn't have any estate taxes due, since the exclusion is $5.45M that your mother can pass before any estate tax is due. But Probate is complex and has arcane rules that you have to follow. Call or email an attorney for assistance with the probate action.

Q: If the child is taken to another state and I am refused visitation can I have my support dropped

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 7, 2016

No, you can't drop support because mom won't let you see the child You can enforce the court order with respect to visitation. Go back to court and make her let you see your child and keep her from filling the child's mind with stuff that is not true. File an appropriate petition with the Court.

Q: my income is in the form of w2 she is a hairdresser and claims less than MW i know her true income what are my options ?

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 7, 2016

Take back to Court and ask that the child support be adjusted to reflect what you can prove that her income actually is. Your problem is proving what she makes.

Q: Can I be tooken to court for backpay cs for an 18 year old if I wrote her checks every month to mother instead of court

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 7, 2016

You can be taken to court, but you had better be able to prove those payment that you made to the mother.

Q: Do I have to provide my address toy ex if I'm stationed out of Ga or just the address of visitation?

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 7, 2016

Read the Alabama Child Relocation Act statute. Are you a military member? You probably have to provide the address and telephone number, depending on the answer to my question.

Q: If the non custodial parents fill taxes do the custodial parents get all there income money ?

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 7, 2016

The parent with physical custody of the child gets the deduction on income taxes.

Q: I'm 14. My parents are separated. But I want to move in with my grandparents. My mom won't let me. Can I move there?

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 7, 2016

No. If your mother has custody of you she decides where you live, subject to the orders and approval of the Court.

Q: If the non custodial parents is on child support do the custodial parents receive there income taxes money.

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 7, 2016

It sounds like you are asking if the non custodial parent can claim the child as a dependent on his or her income tax return. THe answer is no. Unless otherwise agreed, the parent with primary physical custody claims the child. If there is 50 50 custody, the usual arrangement is to alternate years.

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