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Must the father sign the divorce papers knowing he will pay child support and alimony even though he is taking the same responsibility in caring for the kids?

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2005-04-02 00:52:14
2005-04-02 00:52:14

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.

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Alimony has nothing to do with child support, meaning the divorced couple doesn't have to have children in order for an ex spouse to receive alimony. Alimony is to help (or completely) support the ex spouse, while child support is to help support the children. Also, child support is granted to the custodial parent after a divorce, while alimony depends on the state in which the couple divorce, and the conditions and circumstances of the marriage/divorce, and is not always granted to the ex spouse who is asking for the alimony.

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Temporary Alimony is spousal support that is paid during a separation but before the divorce becomes final. This type of alimony may ultimately be continued after the divorce but not necessarily. In some cases, the alimony stops altogether when the divorce becomes final.

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Divorce accompanied with alimony and/or child support.

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The power to "grant" a divorce does not lie with you it lies with the family courts. You cannot force your spouse to stay married to you. The court will establish child support (and alimony, if any) based on the needs of the parties and the ability to pay.

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Some states allow a "legal separation" instead of or before a divorce, which could include alimony and/or child support. In all states, I believe, you can file for divorce and ask for temporary child support and/or alimony pending the divorce. Check with a lawyer in your state.


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