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Christopher Charles Melcher
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Christopher Melcher’s Answers

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  • If after 10 years spouse stops paying court ordered child support what do you do?

    should I have my attorney simply write a letter to his payroll administrator asking why direct deposit has abruptly stopped? He is still employed in good standing with the company, the child is still a minor and nothing has materially changed exc...

    Christopher’s Answer

    Make sure you have a copy of the judgment or order for child support. There should also be an earnings withholding order directing his employer to withhold money from his paycheck for child support. Send a copy of the earnings withholding order to the payroll administrator. You can also send a letter directly to you ex-husband advising that the money has not been received. Late payments result in heavy penalties. Keep track of the payments received and when they became due, so you can calculate the arrears and interes on arrears.

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  • Am I responsible for husband's credit card debt since we have been seperated as of 1988 & I filed for divorce July 2009. Per

    credit card company card was issued in 1980 both my husband and my name are on the card. However, there is no recorded of a signed agreement. We live in California. Please advise.

    Christopher’s Answer

    A divorce court can assign the responsibility to pay a debt between the spouses, but the decision has no effect on the rights of the creditor. In other words, when both parties are named on a credit card, both of them are liable to the credir card company for all charges made on the card by either party. In a divorce, the court can order one party to pay the credit card. However, until the card is paid, both parties will remain liable to the credit card company. The date the divorce case is filed is not important. What matters is when the parties separated (began living separate and apart with no intention of reuniting). Post-separation debts are generally assigned to the party who incurred the debt -- which means that the divorce court will order that party to pay the debt. However, if no support order is in effect, the court can order either party to pay a post-separation debt which was incurred by a party for the necessiities of life of one or party of their child.

    Hope this helps. No attorney-client relationship is created by this answer.

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  • I am divorced nunc pro tunc in calif. can i remarry before the paperwork is filed?

    i am divorced nunc pro tunc in california. can i remarry before the paperwork goes through?

    Christopher’s Answer

    A person cannot remarry until their first marriage has been dissolved. A divorce occurs when the court enters a judgment dissolving the marital status of the parties. Look at the Judgment form FL-180. It will state the date when marital status was terminated. It will sometimes show a future date for termination if less than six months have elapsed since the petition for divorce was served or the other party filed a response, whichever is earlier. In those cases, the court will insert a date in the future (which is after the six month period has elapsed) for termination of marital status. The marriage remains intact until that date occurs. Once the date occurs, the marriage is terminated automatically.

    Hope this helps. No attorney-client relationship is created by this answer,

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