Mark David Gershenson's Answers

Wife beat up husband with a stick, husband is a drug addict and took kids away from grandparents by calling the cops ?

Yes, it sounds like your sister needs a family law attorney, and, depending on whether the D.A. prosecutes her for the assault on her husband, may also need a criminal defense lawyer. She would likely be best served by a family law attorney who regularly practices in the court that serves the area in which she has been residing. Your question, which is not really a question, does not disclose how or why the children were at their grandparents' home. Was this a visit, or have they been living...

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How to stop alimony. I have a cohabitation clause in decree.

You need to file a motion to reduce or terminate support. This consists of the Notice of Motion form and the Application for Order and Supporting Declaration form. You also should file an updated Income and Expense Account. Without seeing the exact wording of the cohabitation clause in your decree, I cannot comment on it or tell you your burden of proof. Were your decree silent about cohabitation, the law provides that her cohabitation creates the presumption of a reduced need for support on...

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My ex owes me >$100,000 in court ordered back c/s. I reside in CA he in MI. What can I do to get my $ - I can't afford a lawyer?

He still owes you for all unpaid child support, plus simple interest thereon at 10% per annum. If the child support services folks can help you, you may want to hire a lawyer in Michigan to pursue collections. There are some attorneys who will do that kind of work on a contingency fee basis. You might try typing "child support collection Michigan" in a search engine and see where that takes you. Good luck.

Would a prenup protect the income from a new marriage if one or the other has a custody agreement from a previous marriage?

Generally, your income, as your husband's "new mate," would not be considered by the court in determining the amount of child support your future spouse is ordered to pay to his former wife. An except might be if your future spouse stopped working and permitted himself to be completely supported by you. Having said that, there might be other reasons for you to consider having a prenuptial agreement. Without knowing more about your situation, I cannot discuss those reasons. It might well be...

My husband lives in Guatemala and I live in Pasadena, Can I divorce here in the US?

The answer posted by attorney Rebekah Main is substantially correct. You certainly can get a California court in Los Angeles county to terminate your marital status. You will need to have the papers served on your husband; time and space do not allow me to discuss the intricacies of getting papers served in Guatemala. Whether the California court has the legal power to make orders concerning property or support will depend on what contacts, if any, your husband has had with California during...