DO I HAVE TO TELL MY EX-HUSBAND THAT I HAVE REMARRIED?

QUESTION: I am divorced and remarried and still receiving alimony checks, I'm I legally required to my ex-husband that I am married?

MY RESPONSE: Yes, you are required to tell your ex-husband that you have remarried. The Judgment provides that you receive Spousal Support payments until your death or remarriage. You should refund all Spousal Support payments that your ex-husband paid after you remarried. If you don't notify your ex-husband, and continue to receive and cash his Spousal Support payments, you will be committing fraud and deceit, subjecting you to a potential civil lawsuit and/or criminal prosecution.

HOW CAN I LEGALLY DISOWN MY CHILD?

QUESTION: How can I legally disown my child to make it where I am no longer her mother and my husband makes her no longer her father. Can I hand her to a relative or to adoption? How would i go about either one?

MY RESPONSE: Parents can't just "disown" their children. If your daughter is a problem child, she probably would not be a good candidate for an adoption, but you and your husband can contact adoption agencies to investigate the possibility. If your daughter is 12 years old or older, her consent would be required for her to be adopted. You can't legally give her away to a relative, although a relative could seek to become her legal guardian through the Court.

HOW SOON CAN I SEEK SOLE CUSTODY OF MY UNBORN CHILD?

QUESTION: I'm currently 7 months pregnant & my babys father has just been in & out of our lives. He currently found a new gf & is now completely not interested in our childs life. He will not cooperate with me to get things settled custody wise & says he refuses to take a dna test. I just found out he had a kid he signed his rights over. He has two kids already & I'm not sure if to just get him to sign his rights over to me or get sole custody of the child. His interest isnt there for our baby. He has not helped out with any of the things the baby needs like his crib. His only intentions are to try & control me & I know its not for him wanting to be there for our son... If he signs his rights over to me would he still be responsible for child support? Could I get sole custody of my child? Should I just have him sign his rights away & how soon can & should start the process? Thank you for your time!

MY RESPONSE: File a Paternity case without further delay, and have the father served. Under the circumstances that you relate, you likely will receive full custody of your child, and based on the father's income, you may receive a child support order plus orders requiring him to pay some and/or all of the birth-related expenses. You would best retain an experienced Family Law Attorney to represent you, or at least have a face-to-face consultation with an experienced Family Law Attorney. If you can't afford an attorney, you may qualify for an attorney fee order if the father is employed, but you would have to apply for an attorney fee order, in that event. Also, if you can't afford an attorney, you can go to your local Superior Court's self-help clinic for advice and assistance from a volunteer lawyer. You can start the process now, before the child is born. A father can't sign his "rights" to a child away (other than for an adoption), although he can agree that he won't have any child custody or visitation. If the father has no child custody or visitation, his Child Support obligation would be the highest, because Child Support is based on the parties' respective incomes and the percentage of the Father's custodial timeshare.

HOW DO I GET THE BEST LEGAL HELP TO DIVORCE MY WIFE?

QUESTION: I want a divorce from my wife as rapidly as possible. I also want her removed from the only house in this country I have ever felt at home in. My wife has done everything to make me suffer since April 3, 2012, in very concrete ways. She is doing all possible to deny me ANY rights to my son with her. My wife is an ethnic Russian who originally was born in the Ukraine. I can prove she is being coached on how to ruin my life. Right now, my wife has full custody of my child. Currently, I do have a pending child custody/restraining order case with a good attorney, but his specialty is criminal defense. At times, I also find him insensitive to my situation, and I feel my case is not important to him. This pending case will be heard at the beginning of August after an expert will assess both my wife and me for "custodial/psychological" evaluation. On April 3, I was arrested and spent 24 hours in jail because my wife accused me of domestic violence. The night before I was arrested, I sent my wife a text message that stated, "If you mistreat him, I'm calling the cops." I heard my wife yelling at my son, and I heard lots of physical commotion coming from his bedroom where they were located. I assume she was not treating him as a mother should. All criminal charges were recently dismissed (I believe on May 9) . I met my wife when I was teaching in Russia for the United State Information Service (now, this service falls under the Department of State through US Embassies around the world). I brought my wife to this country and married her. She obtained US Citizenship.

MY RESPONSE: The best help for your divorce would be from a Certified Family Law Specialist who knows the Family Law field, not a criminal attorney.

CAN MY EX-WIFE GET A RETROACTIVE CHILD SUPPORT MODIFICATION?

QUESTION: My ex wife waived payment of child support to her during a hearing granting her a move away order from California to Washington. Once she moved to Washington, she asked me to pay her support. I agreed to pay support but was only paying the original court ordered amount when we had 50-50 custody in California. This was mutually agreed upon and a modification of support was not filed. My son is now graduated from high school, 18 years old and lives on his own in Washington(she has moved back to California). She is now saying she will be taking me to court and suing me for back child support based on the actual 75-25 physical custody she had while living in Washington. Can she do this?

MY RESPONSE: It depends on what the Order required. If you were paying what the Order required, she can't come back for more, even though she had a larger percentage of physical custody. Child Support can't be modified retroactively to a date prior to the date she files an Order to Show Cause, Motion, or Request for Order seeking a modification.

HOW CAN I GET SOLE CUSTODY OF MY INFANT?

QUESTION: My ex is very abusive, deals drugs, drinks underage and I am only speaking to him for supervised visitation....I don't believe he'd hurt our son but I can't be sure so I want supervised visitation. He is trying to get my son for four days at a time; my son is only 8 weeks old, and is breastfeeding exclusively. I just wonder if he will be allowed that time?

MY RESPONSE: You would best retain an experienced Family Law Attorney to represent you in the child custody litigation. An attorney would know how to question witnesses and how to get evidence admitted, and your chances of succeeding would be significantly enhanced if you hire a good Family Law Attorney to handle your case.

HOW LONG DOES IT TAKE TO FINALIZE A DIVORCE?

QUESTION: I am the respondent to the petition my husband served on me. He has been paying the rent and bills since I am unemployed. There was only one case hearing due to him stopping to pay the rent for a month and there was a court order. So based on that hearing and another one scheduled I want to have an estimate on how long more this divorce might take to be finalized.

MY RESPONSE: Your divorce case doesn't get finalized by itself. You would best retain an experienced Family Law Attorney to represent you, and if you haven't yet filed your Response, to do that and move your case before your husband has your default entered. Otherwise, your husband could just sit on the case and do nothing. If you can't afford an attorney, you should go to your Superior Court's self-help clinic for assistande by a volunteer lawyer