Can males be held liable for child support for wife&#39;s child? Lets say a single male living in California were to get married to a woman who has an existing one year old child from her previous marriage. If in the future they were to get divorced, how much of a chance is there that he could be held liable for child support of that child?
According to http://info.legalzoom.com/divorce-am-responsible-kids-not-mine-20971.html Your stepchildren -- the biological kids, adopted children and stepchildren that your spouse acquired in another marriage or relationship before marrying you -- are usually not legally entitled to support from you after you divorce your spouse. However, if you signed a contract with your spouse agreeing to provide child support for a stepchild after a divorce, a court will likely compel you to honor the contract.
If I did punch him , would that be okay? No, that would be Assault and Battery. If you did him serious injury you could face a charge of Grievous Bodily Harm. If you killed him, that would be murder. If you are in the UK, Canada or Australia and you were charged with murder you could claim provocation in an attempt to have the charge reduced to Voluntary Manslaughter. If you were in the US you could attempt to argue "extreme emotional or mental distress" if you are in a state that has adopted the Model Penal Code for any of the charges; if successful your sentence would be reduced. I saw people punch one another over this in movies. And I saw aliens invading the Earth in the movies - what happens in the movies if not necessarily true. Kissing my wife is adultery right? No, extramarital sex is adultery. Notwithstanding, adultery is not illegal in common-law countries. I'm pissed and don't know what to do? I sympathise with you but this is not a legal question. Whatever is going on between you, your wife and your neighbour is a social situation; not a legal one.
You have pretty well enumerated when it is legal. On the face of it it appears that the 11 year old acted illegally. So, if he is not being prosecuted, why not? Age of criminal responsibility. Below a certain age (I don't know about Alabama but in NSW it is 12) a person cannot by law be held criminally responsible because they are deemed to lack the emotional and mental maturity to distinguish right from wrong; this is particularly relevant when the same action can be legal or illegal depending on rather nuanced circumstances. Public interest. A DA may consider that prosecution of this child in these circumstances is not in the public interest. Prospect of conviction. A sensible DA may decide that there is very little prospect that a jury will convict notwithstanding that there is adequate evidence to prove guilt. This is a subset of the public interest; it is in no one's interest to spend time and money on a trial that will probably end with an acquittal.
They retain sui juris after "divorce" or death of a spouse. A minor becomes sui juris upon marriage (civil marriage pursuant to Thai Civil and Commercial Code, article 1448). [Art. 20] The status of sui juris won't be revoked by divorce or death. This rule is not written in statutes but is interpreted in such manner. However, if a court judged that marriage is null and void (e.g. a valid marriage did not exist because of same-sex marriage, polygamy, consanguineous marriage etc.) and a spouse is aged under 20, his/her status of sui juris also become null and void.
in washington state can a divorce case last 32 months Yes. There is no limit to the possible duration of a divorce case, especially where at least one represented party has any money. This report showcases various instances of divorce proceedings that have lasted longer than the marriage itself because lawyers dragged the case for as long as they want. Being in Washington or New Jersey makes no difference. Your description, including the mention that your &quot;helper&quot; from the divorce packet babysat your kid, suggests that you have been scammed. If you want to get divorced, it is in your best interest to learn about divorce &amp; procedural laws of your state and then take the helm of your proceedings. You did not specify the conditions of the divorce packet you purchased. It is therefore unclear whether the packet provider has any duty toward you in the direction of an attorney-client relation. That being said, your husband as the adversary in the proceedings has no obligation to inform you about proceedings if he already notified the person representing you in court.
This is a matter of state law, so the answer is not precisely the same in all jurisdictions. Many states have laws that prohibit child support orders from being modified retroactively. In those states, they can only be modified back to the date of the motion seeking to modify them. In the case of an adult child in college, where an agreement ends child support at a given date, simply not living in the home while in college or on vacations during college is not likely to be a valid basis for discontinuing child support or modifying it, because this was a circumstance that was foreseeable when the order was entered. The fact that a child has some support from others or from a part-time job does not necessarily discontinue the obligation.
Maybe I'm reading Walsh wrong, but it seems to me to be saying that Stout might apply in some cases, but it doesn't in that specific case. I think you are indeed reading it wrong. In the Walsh case, the court says: We have not had occasion to decide the question up to this time, but now that it is presented, we not only reiterate the doubt which we expressed in the McAlpin case (supra), but we think that the question of the defendant's negligence was erroneously submitted to the jury in the Stout case, and that we ought not to follow it as a precedent. It's clearly repudiating Stout here, and not just as it applies to that case. It literally says they think it should not be followed as precedent.
This is very, very weird. I've never heard of a case like this one. Is there some context that could explain why anyone would refile a divorce someplace new twelve years after getting divorced the first time around? The logical thing to do if Canadian civil procedure is at all analogous to U.S. civil procedure on this point, would be to have a Canadian lawyer file a motion in the Canadian divorce case to set aside the judgment on the extraordinary grounds that you were not married any longer at the time that the 2015 divorce was filed, seeking to set aside the 2015 case ruling. In most U.S. jurisdictions with civil procedural rules modeled on the federal rules of civil procedure (California's are not), this would be a motion under Rule of Civil Procedure 60, but obviously, the Canadian rule numbering would probably be different. Alternatively, if the home is in California, you could bring an action for declaratory judgment declaring that the Canadian judgment is invalid because it was brought in a divorce action between people who were already divorced and probably also lacked jurisdiction over you and the property. I'm not sure what you mean by CPL in this context. Normally, in a real estate context, a CPL would mean a "closing protection letter", but in the context you are using it, it sounds like you are referring to something akin to a lis pendens or a lien. Perhaps you mean a "certificate of pending litigation" which is another name of a lis pendens in at least some Canadian jurisdictions (but is terminology rarely used in the U.S.). This sounds like slander of title, or "abuse of process" or the filing of what is known as a spurious lien, any of which are actionable, but without knowing what a CPL actually is, it is hard to know.