Sondra Ellyn Bennaeim's Answers

What is the procedure for getting modifications for child support?

As the above answer indicates, you cannot have shared legal custody and primary custody (I am not sure what you are referring to as primary) unless you have a court order. On the same account, unless there is a court order ordering you to pay a specific amount of support, there is no legal obligation to do so until such an order is put in place. You also do not indicate how much income each of you receive monthly from work, etc. You also do not mention whether or not you were married to the...

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What personal choice rights does an adult have, who suffered some memory loss due to brain injury/coma, and lives with parents?

You do not indicate whether or not the mother has legal guardianship of this person. His rights would depend on whether she has a legal right to make decisions for him or not.

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My wife died 2 weeks ago unexpectedly. we have been living separated for a while but still friends. How do i get a divorce?

If your wife died you do not need a divorce, as the marriage ended upon her death.

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After annulment of the marriage, do i have to put "never married" or "divorced"in the appplication for marriage license

If your marriage was annulled, it is as if it never happened. So you would not put divorced on the paperwork.

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How can I find out if I'm divorced or still married?

You need to contact the court where you filed the papers. However, your divorce will not be finalized if no final judgment has been entered.

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Divorce

The general rule is half of the marriage. The court will take all circumstances into consideration while making support orders so there is no "absolute" rule.

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Do I need a Family Law attorney

If you are concerned with the safety of your grandchildren because of their mother's drug use you can call the Department of Social Services and make a report.

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Can a judge grant one parent to take the child out of the country without the other's consent when there in joint custody?

A Judge can make the decision to give the other parent permission to take the children out of the country. However, if it goes before the judge you would be able to explain your concerns for the dad doing so. However, ultimately it is up to the judge.

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Filing a order for child support

Do you already have a child support order? If so, you would file where the original paperwork was filed. If there is no support order, more information would be needed in order to answer your question properly.

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My sister has been diagnosised with schizoeffective bipolar we want to get guardianship over my 1 and a half year niece can we?.

You can try to talk to her doctors and ask them if they would file an LPS conservatorship which is used for mentally ill persons. This particular type of conservatorship (guardianship) must be initiated by a mental health professional (psychiatrist)/

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