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Tina are you licences in Hawaii and available for

Customer Question
Hi Tina are you...

Hi Tina are you licences in Hawaii and available for consultation regarding a divorce with child custody?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Hawaii

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm in need of immediate consultation/ assistance

Submitted: 6 months ago.Category: Family Law
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Customer reply replied 6 months ago
I have a highly complicated situation with my husband. Married for 12 years together for 20. We are currently separated for 6 months with 1 minor young child. He has not been paying full support by military guidelines but has lied and says that he has. I have full documentation.b I'm preparing to have the military legal office contact his command. I had a consultation with an attorney who told me to immediately file a pre decree for relief just to make sure something happens because he is currently refusing to pay support even under the military guidelines.
1. I want to know if the pre decree will in any way affect my ability to file for divorce or collect back support later? (We have been separated for 6 months)
How much detail regarding the reason why I need custody of my son and why I want us away from him should I include in that document? Should it be basic information or it should I include all details and documentation for what I'm facing with this person? All professional counsel is appreciated. Aloha
Answered in 7 hours by:
12/21/2017
Family Lawyer: lawyerJ, Lawyer replied 6 months ago
lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
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Hi there. My name is ***** ***** I'm a licensed attorney. I'm reviewing your request and will respond shortly. Please note, all information is provided for educational purposes only.

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Family Lawyer: lawyerJ, Lawyer replied 6 months ago

1. No -- it won't affect your ability to file for divorce. A pre-decree is used to request relief when a judgment has not been entered (and won't be entered for some time), but the movant needs actions to occur quickly. It will not impact your ability to later pursue a full termination of the marriage. In terms of collecting back support, within the pre-decree you should outline the current amount that is owed based on the military guidelines. Make sure to provide all those details that you've been collecting, because the pre-decree can then help you collect that back child support. If the pre-decree orders that your husband pay the back child support and he does so, you won't be able to then collect the back support again. You will, however, be able to pursue final child support orders for the future and any time period after the pre-decree. If the pre-decree orders your husband pay the back support and your husband does not pay, you will still be able t see that amount later, with additional interest.

2. You should provide all the information available in your support for the pre-decree. The divorce process is a lengthy one, and if your pre-decree is granted, it will set forth the standards for all custody, child support, and other issues until final orders are issued. You should fully outline why you need custody of your son, and attach any supporting documentation requested by the court for the court to review. Here are the complete instructions for a pre-decree. They should give you a better idea of the supporting documentation required.

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