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Does a father have the right to deny divorce simply because the mother wants alimony and child support?

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2015-07-15 18:23:58
2015-07-15 18:23:58

IN CALIFORNIA, DIVORCE IS NOT AN ISSUE REQUIRING "MUTUAL AGREEMENT." IF ONE PARTY WANTS A DIVORCE, SIMPLY FILE FOR IT, SERVE THE OTHER PARTY, FILE PROOF OF SERVICE. THIS FORCES THE "UNWILLING" PARTY TO "RESPOND" TO THE LAW SUIT FOR DIVORCE. IF NO RESPONSE IS FILED WITHIN 30 DAYS, A "DEFAULT JUDGMENT" CAN BE HAD. IF A RESPONSE IS INDEED FILED, THEN IT IS ONLY A MATTER OF GOING TO COURT AND "HASHING-OUT" THE DETAILS. NOTE: IF THE "UNWILLING" PARTY HAS A RETIREMENT ACCOUNT WHICH WAS ACCUMULATED DURING MARRIAGE, IT IS WISE TO CONSULT AN ATTORNEY TO LOCK THIS DOWN SO IT CANNOT BE "CASHED-OUT." NOTE: THIS IS JUST WHAT I KN0W FROM MY EXPERIENCE...NOT LEGAL ADVICE. CONTACTING AN ATTORNEY WHICH TAKES THESE TYPES OF CASES ON A "FLAT FEE" BASIS IS STRONGLY ADVISED.

Mom can get the divorce even if Dad doesn't her to. If Mom is given custody of the children, then Dad will have to pay child support. Rather or not he'll be required to pay alimony depends on many factors. He may, or may not, have to pay alimony. Check the laws of your state for more information.

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If the divorce ordered the father to pay support, he owes that support until/unless the order is modified.

Alimony is money usually given to the wife in a divorce. You are refering to Child Support. First you have to sue then there has to be proof that he is the father which can be ordered by the court. A. It will cost you a bit of money and B. after 5 years..........good luck. But you should try to get a free consultation from a lawyer.

As a means of punishing him for moving on with his life? Alimony would have been ordered at the initial divorce, not later.

Spousal support (also know as alimony) represents regular payments made from one spouse to the other during a separation or after a divorce. The purpose of spousal support is to recognize the recipient spouse's contribution to the marriage and to assist that spouse to achieve financial independence where possible. Alimony can be made from man to woman or woman to man depending on the nature of the marriage. Regardless of circumstances, even when requested, for a man to be awarded spousal support. A good example was Gordon Clark, the husband of Los Angeles Prosecuting Attorney, Marcia Clark. She earned $180,000 a year, working 100+ hours a week, while he was a stay at home dad. Not only did he not get Alimony, but he was ordered to pay her child support, because she was given custody due to him being a poor example of a father. I was able to obtain a copy of the divorce file one hour before she was motioned to t\court to seal it.

Yes you do. You are still the child's Father ... That never changes. The only thing that might change is your requirement to pay Spousal Support [alimony].

Child support may be ordered any time there is an absent parent. Alimony or maintenance is almost always temporary - until the obligee can become self-sufficient.Added: You can't have it both ways. You can speak with your church or religious leader about the possibility of the marriage being annulled in the eyes of the church, but (especially since there were children of the marriage) you cannot have it ruled, as a matter of law, that the marriage never occurred in the first place. The most you can hope for civilly is a divorce. HOWEVER - as the father of the children (either natural or adoptive), the father will be held responsible for contributing a certain amount to the support of the child(ren). Any alimony for the spouse would become a subject to be settled in the divorce action.

An alimony obligation cannot usually be discharged in bankruptcy, but must be paid in full, with two important exceptions. If a divorce decree specifies that an obligation to a spouse is alimony, but the obligation is not actually in the nature of alimony, then the obligation can be discharged in bankruptcy. For example, if the divorce decree states that the husband is to pay a marital debt to XYZ Corporation, and further specifies that the husband's payment of the debt shall be treated as alimony, the husband may arguable have the ability to discharge such debt in bankruptcy even though the divorce decree calls his payment of the debt alimony. Also, in certain instances an ex-spouse may be able to discharge an alimony obligation if the obligation has been assigned to a third party. For example, suppose John and Mary Doe divorce. John is ordered to pay Mary alimony of $500.00 per month. John does not pay the alimony and Mary, who needs the money, assigns the right to collect alimony to her father, who gives Mary the $500.00 per month in return for the assignment. Mary's father now owns the right to collect the alimony from John. If John files bankruptcy then the alimony obligation can be discharged to the extent it has been assigned to Mary's father. The United States Bankruptcy Code (Title 11 of the United States Code) states in Section 523 that: (a) A discharge under Section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt . . . (5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not to the extent that (A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to § 402(a)(26) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State); or (B) such debt includes a liability designation as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance or support . . . .

Divorce is something that happens between spouses, not between parents and children. A child's refusal to see the father does not affect the father's child support obligation.

An alimony obligation cannot usually be discharged in bankruptcy, but must be paid in full, with two important exceptions. If a divorce decree specifies that an obligation to a spouse is alimony, but the obligation is not actually in the nature of alimony, then the obligation can be discharged in bankruptcy. For example, if the divorce decree states that the husband is to pay a marital debt to XYZ Corporation, and further specifies that the husband's payment of the debt shall be treated as alimony, the husband may arguable have the ability to discharge such debt in bankruptcy even though the divorce decree calls his payment of the debt alimony. Also, in certain instances an ex-spouse may be able to discharge an alimony obligation if the obligation has been assigned to a third party. For example, suppose John and Mary Doe divorce. John is ordered to pay Mary alimony of $500.00 per month. John does not pay the alimony and Mary, who needs the money, assigns the right to collect alimony to her father, who gives Mary the $500.00 per month in return for the assignment. Mary's father now owns the right to collect the alimony from John. If John files bankruptcy then the alimony obligation can be discharged to the extent it has been assigned to Mary's father. The United States Bankruptcy Code (Title 11 of the United States Code) states in Section 523 that: (a) A discharge under Section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt . . . (5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not to the extent that(A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to § 402(a)(26) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State); or (B) such debt includes a liability designation as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance or support . . . .

Yes because it doesent really matter because after you have a baby you have to pay no matter what you understand

There's no such thing as "marital spousal child support." You might be able to get spousal support ("alimony" or "maintenance") for a brief period to allow you to become self-sufficient.

In most cases the parent providing the majority of the total support (more than 50%) is entitled to claim the dependent deduction. It is also becoming more common for the divorce decree or child support order to include a specific rule as to which of the parties can claim them as dependents.

In the United States there are several laws and legal issues that deal directly with family matters. Some of the most common family law cases have to do with alimony, child support, and cases dealing with family law and divorce. While these laws are updated and changed periodically, general guidelines and intricacies of these family laws are outlined as follows: Alimony and Spousal Support Upon divorce, a court may rule that one party make monthly alimony checks to the other party, dependent on terms of the settlement or outstanding circumstances that require a court ruling exclusively. Alimony is a form of support payment from one spouse to the other. There are different types of alimony payments including rehabilitative, permanent, recompense or reimbursement, and lump-sum payments. Divorce laws are different within each state and eligibility for spousal support also changes from state to state. There is certain criteria that needs to be met in order to be eligible for support: income and property, children, standards of living, earning capacity, marriage duration, taxes and any pre-marital agreements that were made. Child Custody Laws and Child Support Custody laws are very different depending on the state that is involved in the hearing. Child custody situations are either decided on by the parents or exclusively the decision of the court. There are several different types of child custody, each have its own guidelines: legal and physical custody, sole custody or joint custody. In each case, the child's best interests are met when deciding who gets custody and visitation rights. In most cases, the mother is granted custody of the children and the father makes payments called child support every month in order to give the children necessities that the mother may not be able to provide on her own. Divorce Divorce laws as they pertain to family law change from state to state, however there are general topics of interest when dealing with divorce. Property division and alimony cases are common when dealing with divorce. Throughout a marriage, property is accrued that has to be split fairly in a divorce hearing. Child custody and child support is also a large component of divorce law.

If a father leaves a child he should always pay, that's a horrid thing to do

Yes, but only if the father willingly gives up the right to child support in the divorce settlement.

IF AT LEAST ONE OF THE PARENT'S HAS LIVED IN CALIFORNIA FOR AT LEAST 6 MONTHS, CALIFORNIA HAS JURISDICTION AND UNDER CALIFORNIA LAW, AS I UNDERSTAND IT, NO SIGNATURE IS REQUIRED BY THE OPPOSING PARTY TO EFFECTUATE A DIVORCE DECREE. MEDIATION WILL LIKELY BE ORDERED TO WORK OUT A PARENTING PLAN AND "DISSOMASTER" WILL BE UTILIZED TO COMPUTE SUPPORT AMOUNTS.

Yes, its child support. If the money is not used to support the child then its being misused. Alimony would be to support you. If the father is looking after the child, then he should not be paying child support to the mother - she doesn't have the cost of looking after the child at that time. In fact, the mother may well be in a position to send chilod support to the father - it goes both ways and she is responsible for the child just as much as the father is.

That would be up to the courts and what was in your divorce agreement.

Yes if the father or the mother is not helping take care of the child then you can put that parent on child support.

If it was a part of the divorce papers, there should have been a separate child support order, unless the divorce is more than 30 years old, predating the Federal Child Support Enforcement Act. Under those circumstances, it would be unenforceable.

no. because you are no longer the legal father.

If married, when you divorce him and if single when the child is born. He will then have to prove paternity in court and can then petition for visitation, custody and also pay child support.


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