QUESTION
What should a husband do to prepare for a divorce?
Asked on Nov 09th, 2011 on Child Custody - New Jersey
More details to this question:
I am speaking on behalf of my brother in a federal prison. He would like to know if it is possible for his wife to go file for child support without divorcing him first, because she said that's what she did because she quit her job and is about to have nothing to support her and his son. He wants to know what he can do to prepare himself so he doesn't lose his son and she doesn’t take him from him. He doesn’t want to lose his child and wants to know what affect this will have on him.
8 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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How can she get child support if he is in prison?
Answered on Jun 26th, 2013 at 1:33 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Yes, she can file for support unrelated to a dissolution if they are separated, which apparently they are. As for the rest, he will only have limited time with his child if he somehow poses a danger or threat to the child, so much depends on why he is in federal prison. Regardless of the reason, being in prison is going to effect the timesharing or visitation that he is going to have with the child when he gets out.
Answered on Nov 15th, 2011 at 12:39 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Depending on how long he is in prison, he's already lost custody. He won't have to pay child support while he's in prison unless he has some substantial resources or other source of income. His wife has to file for divorce to get custody and an order for $0 child support while he's in prison. Once he's out, he can ask the court to modify custody and visitation and she'll probably ask to have support modified.
Answered on Nov 15th, 2011 at 12:35 PM
Steven D. Dunnings
She could file for a legal separation, but in order to get support, she has to file either a complaint for divorce or legal separation.
Answered on Nov 15th, 2011 at 10:16 AM
Yes, a party can file an action for support and not file for divorce or separation. I am not able to comment on what he can do to prepare without knowing more facts, such as how long he'll be in prison/jail.
Answered on Nov 15th, 2011 at 9:03 AM
Glen Edward Ashman
It is difficult to custody if he is in jail.
Answered on Nov 15th, 2011 at 1:41 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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He'll get notice and be able to respond
Answered on Nov 14th, 2011 at 6:26 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Your sister-in-law can file for child support before filing for a divorce. However, if her husband is in jail, how does she expect to collect it?
Answered on Nov 14th, 2011 at 6:06 PM