Q:  I am paying child support for the child from my first marriage. Now I have another child with a different woman. Would this fact be figured into support?

(Brad, Los Angeles, California)

A:  Yes, the fact that you are also supporting another child should be taken into consideration when determining the amount of child support. However, if your order is already in place, you will probably need to file a motion for modification of child support and request that the court modify the current amount of support based on changed circumstances.

Be careful requesting modification of support because if your income has increased over the years (or the other parent’s – decreased), then it’s possible that the new amount of child support will be higher than what you currently have, notwithstanding the fact of you  supporting more than one child.

Q: My husband filed for divorce in California several years ago. Before the case was finished, I moved out of state. How do I find out whether anything has been filed in my case and whether I am divorced?

(Anna, Ukraine)

A: Go to the courthouse where you had your case and check their records and your file (in many California courts, you can find case information online on the court’s website.) You should be able to find your case either by name or by a case number.

Q: I am a U.S. citizen. My wife lives in the U.S. and I want her to become legal. What do I do?

                                                                                                             Alex, Los Angeles, California

A: Normally, you would file with the U. S. Citizenship and Immigration Services an I-130 (Petition for Alien Relative) petition for your wife, together with I-485 (Application to Adjust Status) form, and all other forms required by USCIS in connection with these forms.

However, please talk to an attorney first, to make sure your wife will be eligible to adjust status, as there are several factors when she may be ineligible to adjust status to permanent resident.

Q: I got married in Russia several years ago. Now I live in California. My wife is still in Russia and we have been separated for over 8 years. I want to get married to another woman. Do I need to get a divorce first? I do not have a Green Card, would I still be able to get divorced in CA?

(Dmitry, Anaheim, CA)

A: Yes, you need to get divorced before you can get married again. In California, bigamy (being married to more than one person at a time) is a crime.

As to the fact that you don’t have a Green Card, your legal status is irrelevant for purposes of divorce. To be able to file for divorce in CA, you only need to satisfy the residency (domicile) requirements, i.e. (1) you need to have been living in California for the last six months and in the county where you want to file for divorce for the last three months prior to filing for dissolution, and (2) you had an intent to remain here indefinitely.

Q: My fiancé is the United States citizen (he lives in California). We want to get married in Russia. Will the marriage be valid in the United States?

(Kristina, from Moscow, Russia)

A: Generally, marriages which are legally performed and valid abroad are also legally valid in the United States. If you are planning to live in a state other than California, inquiries regarding the validity of a marriage abroad should be directed to the attorney general of the state in the United States where you will live.

In California, Family Code section 308 provides that:

• A marriage contracted outside the State of California that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state.
• Notwithstanding any other provision of law, a marriage between two persons of the same sex contracted outside the State of California that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in California if the marriage was contracted prior to November 5, 2008.
• Notwithstanding any other provision of law, two persons of the same sex who contracted a marriage on or after November 5, 2008, that would be valid by the laws of the jurisdiction in which the marriage was contracted shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from the California Constitution, the United States Constitution, statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses with the sole exception of the designation of “marriage.”

More information on the validity of marriage abroad can be found on the website of the U.S. Department of State.

Q: Am I allowed to change my middle name upon marriage?

(Maria, from Santa Monica, CA)

A: Yes, you are. California Family Code section 306.5(b)(1) provides that one party or both parties to a marriage may elect to change the middle or last names, or both, by which that party wishes to be known after solemnization of the marriage by entering the new name in the spaces provided on the marriage license application without intent to defraud.

California Family Code section 306.5(b)(2) specifies that a person may adopt any of the following last names:

• the current last name of the other spouse
• the last name of either spouse given at birth
• a name combining into a single last name all or a segment of the current last name or the last name of either spouse given at birth
• a hyphenated combination of last names.

California Family Code section 306.5(b)(3) specifies that a person may adopt any of the following middle names:

• the current last name of either spouse
• the last name of either spouse given at birth
• a hyphenated combination of the current middle name and the current last name of the person or spouse
• a hyphenated combination of the current middle name and the last name given at birth of the person or spouse.

California Family Code section 306.5(b)(4) provides that such election by a person to change his or her name serves as a record of the name change. A certified copy of a marriage certificate containing the new name, or retaining the former name, shall constitute proof that the use of the new name or retention of the former name is lawful.

Full text of the California Family Code section 306.5 can be found on the website of the State of California.

If the respondent does not file the necessary responding paperwork (usually, the Response) within 30 days of service, the petitioner may request an entry of default. The divorce proceeding can then be completed without any participation of the respondent.