What to do if your ex-spouse abuses legal proceedings against you, or acts in bad faith?

In case of abuse of family law procedures, there is the possibility to ask the judge to convict the other spouse to pay damages in the final judgment. These damages are intended to compensate for some of your losses, for example certain legal fees that you have had to pay.

If you claim child support or alimony and are afraid that you will not have the financial means to assert your rights in court during the proceedings, there is also the possibility of requesting that your ex-spouse be ordered to pay you a provision for litigation costs. This is an amount of money that will be used to cover your future legal fees. The behavior of the ex-spouse, as well as the difference between the incomes of the former spouses, are among the factors that will be taken into account by the judge in his decision.

Trial won after a change of school without the consent of the other parent

We represented the father in this case where the mother had sole custody of the children and the father had access rights every second weekend. While the father went to the childcare center to pick them up and start his access rights, it was announced that the children had changed schools and were no longer serving. on duty for three days. The father was stunned because he had no idea where the children were and at what school they had been changed since it was done without his consent. The mother had therefore not respected the father’s right to parental authority. Continue reading “Trial won after a change of school without the consent of the other parent”

Unchallenged request for child custody

The first steps are identical to those for a challenged request: one of the parties shall draft a request for child custody, sign it, have it sworn in and serve a certified copy to the other party along with a subpoena. These documents shall be submitted to the Court Clerk along with proof of a subpoena served by a bailiff to the other party. Before the date of the hearing, one of the parties shall draft a consent statement, that is a document that states the terms of the custody and the alimony for child custody. Continue reading “Unchallenged request for child custody”

Child support

When parents are separated, both have to keep providing for their children’s needs. The child support amount quantifies the respective alimony owed by each parent.

If the couple was married, the divorce decree shall regulate the child support. If they were not married, child suppport may be requested at the same time as the custody order, at any time after the breakup of the family. Child support may also be requested retroactively after the petition.
Already set child support may be revised if it appears that the child’s needs or the parents’ respective situations have changed dramatically – for instance, if an adult child is no longer supported by the parent receiving child support, if either parent has a job that pays substantially more or less, or also if a parent has new maintenance obligations for children born out of a second relationship. Our lawyers can help you request a child support revision if you are in this situation. Continue reading “Child support”