Family Law PDF Print E-mail
Q: I have joint custody of my children with my ex-husband. The children live with me and he pays support. He is trying to get the children to move in with him so that he does not have to pay support. Can he get the custody changed? What can I do to protect myself?
A: It depends on the facts. The best interest of the children is the guiding principle . A change of custody does not always result in a change in child support. Consult with a lawyer who practices Family law.

Q: I want to get a divorce. I have been separated for 15 years but I do not know where my husband is. Can I still get a divorce?
A: Yes you can. Although you must make all diligent efforts to locate your spouse, a court can grant a divorce even without service of the petition, if it is satisfied that all diligent attempts to locate the spouse have been made, that there are no other serious corollary issues that would be affected by the divorce and if it is satisfied that no substantial prejudice would be suffered by the Respondent spouse.

Q: I am getting remarried and have children from a previous relationship. I own a house and have other assets, my fiance has no assets. What should I do to protect my assets?
A: Enter into a marriage contract, preferably before the marriage. Change your will consistent with the terms of the marriage contract. Marriage generally invalidates a previous will.

Q: I am paying child support and spousal support. I am unemployed now and cannot afford to make the payments. What can I do?
A: You can negotiate a change in payments with the recipient and if they are unwilling to negotiate or agree on your proposed terms, apply to the court for a variation. The process varies depending on whether there is an existing court order, or a separation agreement or neither.

Note: The information provided above does not constitute legal advice; it is for reference only and each case is and should be treated individually by a qualified lawyer.

 
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