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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> CA

Ask a Divorce Lawyer: Can I divorce my wife if we live in separate states?

Feb 02, 2010

Question: I have lived in New Mexico full time since 2007 and am a legal resident in this state. 

I’m still legally married to my wife, but she lives in California and cannot leave the state due to her felony probation terms. 

Can I divorce her while I live in New Mexico and she’s in California? 

A few details: I’m no longer considered a resident of California, I cannot afford to travel to the state, we have no children, and we have very little shared property.

 


Posted by: mallen | Comment (1) |

Ask a Divorce Lawyer: How aggressive is enforcement of child support?

Jan 28, 2010

Jason BowmanQuestion: I pay child support to my ex-wife in Texas. I recently moved from Texas to California for a job. I am on community supervision for a contempt charge for failure to pay child support in the past. 

This year, I have continued paying child support but got behind on medical reimbursement. If they revoke my community supervision, a warrant will be issued for my arrest. I am trying to pay what I owe, but have been unable. 

If a warrant is issued, will they come to California to arrest me?


Posted by: mallen | Comment (0) |

Ask a Divorce Lawyer: I signed my paternal rights over to my ex's new husband so why am I getting child support bills again?

Jan 25, 2010

Jason BowmanQuestion: I live in Georgia but my 18-year-old child lives in California. In 1995, I signed a court document granting my paternal rights over to my ex’s new husband. (He was supposed to adopt him, but apparently never did.) 

Three years later, I start getting child support bills again. First for $76 per month, but now it’s up to over $100 taking out of my paychecks for back child support, money I was told I would not owe after signing the child over. 

Can they legally take this money from my check? And why would the county clerks office in San Diego tell me that I won’t be responsible for paying child support and then 3 years later suddenly start collecting again without telling me?

 


Posted by: mallen | Comment (0) |

Ask a Lawyer: Mother Does Not Want To Work

Jan 06, 2010

Question:

My friend and his wife have split up - they have two children, both under the age of 10. My friend's wife does not have a job and has never been able to last more than two months at a job. She was evicted from her apartment because she couldn't pay the rent so she moved in with a relative. She has been telling everyone that she has no plans of getting a job because she was going to get her husband to pay for rent, her car (which has not yet been repossessed probably because her mother is giving her money to pay for it), and everything else. I know California is a no fault state but my friend is leaving her because she has been unfaithful very many times throughout their union. She doesn't have money to spend on her kids yet she smokes, drinks and has had numerous tattoos and piercing done since my friend left her. Will he have to pay alimony? I know he has to pay child support but can't the court make them share the expenses of their children - especially since she gets free day care from her mother, who doesn't work either. Please advise. Thanks.

Answer:

Every state will have varied laws regarding spousal and child support. Since I am not licensed in California it is important to also consult an attorney who is. As you know, your friend will be obligated to pay support for his children. The amount will depend on the custody arrangement. Wife's income may be a factor if California uses an income share model to calculate support. If this is the case, then income can be imputed to her based on what she should be making not what she is actually making. States vary greatly on the award of alimony. The court may factor in her ability to work and earning potential in determining the amount of spousal alimony.

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Ask a Lawyer: Will prior lies about other children affect my chances for custody?

Nov 05, 2008

Question:

My wife and I have been married for 8 yrs. and it looks like it may be coming to an end. She has two children from a prior relationship that I have raised as my own. We also have one child (5 yrs) together. After splitting with her ex-boyfriend and the father of the two children, she told their natural father that the girl was not his (even though it was) and after leaving, changed her son's name and had a false Social Security Card made up to prevent him from finding them. She also gave the State a false name when she applied for State assistance. A couple years later, she slept with one of her brother's friends and got pregnant. After giving birth, she gave the baby up for adoption and never told her brother's friend that she had his baby. My fear is that if we do get divorced, that she may try to pull something similar with me. Can this information be used in court if it comes down to fighting for custody?

Answer:

I cannot answer your question specifically to the laws of California as I am not licensed in that State. Generally pre-marital issues are not relevant to the divorce. The court will often view the premarital issues as something you should have known and considered prior to marriage and then prior to having a child with the person. If the issues were hidden from you there is more of a chance to put the issues before the judge. If you are allowed to put the issues before the court the facts presented appear to show a pattern of minimizing the role of the father in her children's lives. That is often a factor in custody disputes.

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