Blog entries

Advice On Divorce: Was I Properly Served?

Matt Allen — Wed, 08 Feb 2012 00:00:00 +0100

Question:

I'm looking for advice on divorce and whether I was properly served for my divorce. I was served with divorce papers while in the courthouse for an unrelated matter.

I read that according to my state's divorce laws these papers may not be served while in transit to and from the courthouse and while on the court's property.

We Agreed To No Alimony. Will A Judge Approve Our Divorce Settlement Agreement?

Matt Allen — Wed, 08 Feb 2012 00:00:00 +0100

Question:

My wife and I are in agreement that neither one of us will pay alimony in our divorce.

Can we put these "no alimony" terms in our divorce settlement agreement?

Will a judge allow a divorce without any alimony payments?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for meRead More...

Pet Custody: Will A Court Award Financial Support?

Matt Allen — Wed, 08 Feb 2012 00:00:00 +0100

By Sara Pitcher

Noblesville, Indiana Divorce Lawyer

Financial support is rarely awarded in animal custody cases because of the continuing contact required between the parties and the drain enforcement would be on judicial resources, similar to visitation cases.

One example of the drain on court resources and an unsuccessful attempt at support and visitation waRead More...

Time Frame To Remove Personal Property After Divorce

Matt Allen — Tue, 07 Feb 2012 00:00:00 +0100

Question:

How long does my ex-wife have to remove her personal property from the marital home after our divorce was finalized?

She was awarded most of the furniture, but it's been almost a year and she still hasn't removed it from the home. I don't want to get stuck with a bill for putting it in storage. So what can I do?

How Read More...

Does A Modification Affect All Parts Of The Divorce Decree?

Matt Allen — Tue, 07 Feb 2012 00:00:00 +0100

Question:

My divorce question is about a new modification and its effects on other parts of the decree that have been left untouched.

Our divorce decree says that my ex-wife and I will pay 50% of our child's health care costs. She has repeatedly failed to pay her full share of the monthly costs.

We went through a child custody modification lasRead More...

Tax Tips: What Is My Tax Status?

Matt Allen — Tue, 07 Feb 2012 00:00:00 +0100

By Jennifer M. Paine

Michigan Divorce Lawyer

Your tax filing status, for most filers, is determined on December 31. If you were still married on that day, then you and your spouse can file a return with the status "married, filing jointly."

This is true even if your divorce began before the end of the year and even if you are living separately and have not reliedRead More...

Terminating Alimony After Ex's Remarriage If Decree Does Not List An End Date

Mon, 06 Feb 2012 00:00:00 +0100

Question:

I pay alimony to my ex-wife. Our divorce decree is silent on the issue, but it is my understanding that I should no longer have to pay alimony if she is remarried or cohabiting.

My ex-wife is engaged, but I'm still paying her spousal support. It seems totally unreasonable to have to continue to pay alimony to an ex-spouse after she reRead More...

How To Get Treatment For Your Child If You Are Not The Custodial Parent

Matt Allen — Mon, 06 Feb 2012 00:00:00 +0100

Question:

I am concerned for my son's mental and physical well-being and want to know how to address medical issues if I am not the custodial parent.

He recently had surgery and since then he has been desperate for me, crying every time I leave and all week while he's at his mother's house. I want to find out why he is behaving so different andRead More...

Asset Protection In Preparation For Divorce

Mon, 06 Feb 2012 00:00:00 +0100

By Christian D. Barnard

Oklahoma City Divorce Lawyer, Cordell & Cordell

If you are heading toward what feels like an inevitable divorce, it is important to protect your assets.

Unfortunately, the majority of people begin to consider asset protection planning only after being served with a lawsuit, but by then, it is already too late to sRead More...

Modifying Child Support Based On Child Support Office's Errors

Matt Allen — Sun, 05 Feb 2012 00:00:00 +0100

Question:

It has just come to my attention that I have overpaid my child support payments due to an incorrect wage garnishment of my military pay above the court-ordered amount.

I filed the request months ago to stop my military wage garnishments and was told they would stop. I later found out the person helping me at the child suppRead More...

What Are My Rights If I Am Being Forced To Pay For College Tuition?

Sat, 04 Feb 2012 00:00:00 +0100

Question:

My divorce decree states I am responsible for paying college tuition for four years of college for each of my children.

I feel it is a violation of fathers rights to be forced to pay for college tuition.

What are my rights? Can this provision to pay for college tuition be reversed?

Answer:

This answer only includes generRead More...

DadsDivorce Live: Act Like A Man

Matt Allen — Fri, 03 Feb 2012 00:00:00 +0100

Ken Solin is the author of "Act Like A Man" a book featuring guys who help each other identify, examine, and move beyond their dysfunctional behavior as partners, fathers, and friends.

Solin has worked for 20 years with men to move them beyond the issues, including divorce, that limit their lives.

A big part of Solin's message is men need to seek help and suRead More...

Time Limitations To Claim Personal Property Awarded In A Divorce

Matt Allen — Fri, 03 Feb 2012 00:00:00 +0100

Question:

I was awarded certain personal property in my divorce decree that I elected not to take and to keep in the marital home because they were in the children's best interests to have them.

Several years later, my ex-wife is starting to throw away those items and I would like to enforce the court order.

My decree states nothing regarding timRead More...

Calculating Child Support: Whose Income Is Used?

Matt Allen — Thu, 02 Feb 2012 00:00:00 +0100

Question:

We share joint physical custody almost 50/50, but my ex is listed as the primary custodial parent simply because she works from home.

Because she is listed as the primary parent, I am obligated to pay child support yet the child support calculations did not account for her salary. Is this correct?

Also, if we are splitting parenting timRead More...

Will I Have To Pay More Child Support If I Miss A Visitation?

Matt Allen — Thu, 02 Feb 2012 00:00:00 +0100

Question:

My child support questions is regarding my new new job that will require me to miss periods of parenting time with my children over the coming year.

My ex-wife says that she can modify my child support to increase my child support since she will have more parenting time.

Am I required to pay any additional money if I do not see my kids Read More...

Child Support Modification When The Recipient Spouse Retires

Matt Allen — Thu, 02 Feb 2012 00:00:00 +0100

By Daniel Exner

Milwaukee Divorce Lawyer

If you are paying child support and your ex-wife retires, will you have to pay more child support because her income is lower?

The general answer to this common child support question will depend on your current child custody schedule and the recipient spouse's reasons for retiring.

Are Personal Injury Settlements Considered Marital Assets Subject To Division?

Matt Allen — Wed, 01 Feb 2012 00:00:00 +0100

Question:

I was recently involved in a motor vehicle accident that will result in me receiving a significant financial settlement.

Since I am still married and the injury obviously occurred while I was married, is my wife entitled to any of this settlement money? What about if I file for divorce before the settlement is reached?

What Information Can You Ask For During Discovery?

Matt Allen — Wed, 01 Feb 2012 00:00:00 +0100

Question:

My divorce question is about the discovery process.

My soon-to-be-ex-wife and I are fighting over child custody. I recently got a new job and am trying to keep this nasty divorce battle out of my work life.

I received a list of questions in the discovery process that asked for my employment information, which I am fine witRead More...

Pet Custody Case Examples

Matt Allen — Wed, 01 Feb 2012 00:00:00 +0100

By Sara Pitcher

Noblesville, Indiana Divorce Lawyer

In pet custody cases, because of the distinction between other personal property and animals, a few forward looking courts have begun to consider other factors that would allow the pet to live in the place that is deemed to be in the best interests of the pet.

Here are five pet custody case examples showing how juRead More...

Money Made Easy: Protecting CDs In Trust Accounts

Matt Allen — Tue, 31 Jan 2012 09:16:40 +0100

There is a lot of misunderstanding about trusts.

Financial adviser Dan Danford, CFP®, CRSP®, MBA, answers this question from a DadsDivorce.com reader about bank CDs and trust accounts:

"How do I purchase bank CDs and make sure they are protected in my trust account? I purchased one already, thinking that because I uRead More...