Legal Question in Family Law in California

So I'm in a sticky situation.

I currently wish to apply for child support. I have a few questions to ask first though.

1) What sort of documents will I need to apply for child support

2) If I file for child support, will this present an opportunity for my ex to try and get custody of the children, even though he currently does not support them financially?

3) If said ex cannot pay the child support, will that mean that I will not receive money to support my children?

A little additional info, the ex and I were married out of country (in Germany), but when we moved to the US again, we did not submit our marriage paperwork. He says that because of this, we technically would not have to file for divorce... But I just wanted to make sure that this is the case.

Our marriage is still recognized by the US Army.


Asked on 8/31/10, 11:34 am

2 Answers from Attorneys

1) Too many to list in an internet bulletinboard answer. Pick up How to Do Your Own Divorce In California by Nolo Press, or contact the Family Law Facilitator at your Superior Court.

2) Yes, but not any opportunity he doesn't have now. Support and custody are completely unrelated issues. The court cannot combine them even if it wants to unless the judge just wants to be automatically overturned on appeal.

3) If your ex does not pay what he is ordered to pay, all kinds of bad things will happen to him once you report it to the Department of Child Support Services. If he has any money at all, he will pay eventually.

If your marriage was valid in the jurisdiction in which you were married, it is completely legal and binding in California. There is no need to submit any other "marriage paperwork" in the U.S. if the paperwork (if any) was valid where you got married. So your husband is entirely wrong.

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Answered on 9/05/10, 12:48 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. California recognizes marriages lawfully entered into in other countries. If you were legally married in Germany, you are legally married in California.

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Answered on 9/06/10, 4:24 pm


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