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Divorce Advice for Men | Fathers' Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers' rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers' rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers' rights divorce.
Tags >> Child Support
Nov 29, 1999

Question:

My daughter is 18 years old and incarcerated in the state of Tennessee. I was ordered to pay child support based on a phantom job that the judge gave me. I am unemployed. Now I am being hit again from the state of Tennessee, trying to establish a court order for child support for when we separated divorced in 1995. I can't afford to hire an attorney in Tennessee, and the state of New Jersey says there is nothing I can do. Can a child support order be established just for the arrears when no order was in place for child support 12 years ago? What can I legally do about this situation? Father's have no rights. I sent her monies in check and credit cards and she told me that if I didn't file for joint custody of our daughter, she would not take me to court for child support. I paid what I could anyway. Is there anything that I can do, and afford to do at this point?

Answer:

I am not licensed in the state of Tennessee. Laws will vary so I also recommend consulting an attorney in Tennessee. Yes, child support can be established retroactively. I assume no current support is being sought since your child is incarcerated. There is usually a statute of limitations for establishing support. Since your child is only 18, it is unlikely that the statute of limitations has run. I am confused as to why no support was ordered at the time of your divorce in 1995. If the court order at the time of your divorce was for 0 support, then any new order should only go back to the time a petition to modify support was entered. If support was ordered in 1995 then you owe that support. Support is your child's not your ex wife's. Your ex does not have the power to waive the support on her behalf. I recommend having an attorney review the court orders and advise you on your options.

Nov 29, 1999

Question:

I was divorced from my wife in 2003 from the state of Ohio. She is collecting support as ordered by the courts in Ohio until 2014. She was granted support based on the reasoning that she was not employable and had not worked in the workplace while raising our children. Although she had a 2 year college degree, the judgment required payments of 2000.00 per month for the first 5 years and dropping to 1500.00 per month for an additional 6 years with the idea that she would finish college and become active in the workforce without harming much of her lifestyle. She has now moved to Indiana to be closer to family, and she has now become a full fledged teacher since graduating from college. I live in Missouri, and she is now a resident of Indiana. Are there reciprocity agreements between states that uphold the judgment of our divorce? Is there a way I can get my spousal support reduced or eliminated now that she is capable of supporting herself? My decree as stated in Ohio states that "the court shall not retain jurisdiction to modify the amount or the duration of the husband

Nov 29, 1999

Question:

My son just turned 21, living in a condo with his friends, has an internship this summer at a large corporation. Do I continue to pay child support? I have faithfully paid child support and 50% of college cost even though we never get documentation. He will graduate next December or May (not sure due to no documentation only hearsay).

Answer:

I am not licensed in the State of Missouri. Do you have a court order obligating you to pay past the age of 21? If child support is to continue past 21 then you are obligated to pay unless you have him emancipated through a court proceeding. If your obligation stops at 21 by court order or by operation of Missouri law then you should not continue to pay support. Even if support will end, this does not necessarily mean you obligation to pay educational expenses will. Obviously if he has graduated then there are no more educational expenses. If he is in school past 21 and you are under a court order to pay his college expenses then that will continue unless you go to court to modify. Since laws will vary from state to state and everyone's divorce decree is different, I recommend you consult an attorney in your state to look over your decree and let you know what your obligation is.

Nov 29, 1999

Question:

I am writing to see if the state of MD treats an MBA degree that was acquired during the marriage as a marital asset, and thus subject to equitable distribution (I know that state of NY does).

Answer:

I am not licensed in the state of Maryland so I cannot tell you exactly how that state treats an MBA. I do know that some states will consider the parties education level and ability to earn income when distributed the marital assets.

Nov 29, 1999

Question:

I live in Texas and my ex is in CT. She filed for custody of our son and child support. She gave the court the wrong address on purpose so I did not receive anything saying that I was to pay her child support and now I get a letter from CT child support saying I am $800.00 behind on support and I have to pay her 74.00 a week. I have a wife and medical bills that I can't pay now, not to mention rent and bills . I can't afford a lawyer or a trip to CT to do anything so what choices do I have?

Answer:

I am not licensed in the State of CT and therefore cannot answer your question specifically to the laws of that State. The problem will only grow with time. Not only will they begin garnishing your wages, but also your tax refund and possibly your bank accounts. When the arrearage grows to a sufficient amount you can be charged with criminal non-support. Finally, the arrearage will accrue interest at what is often a very high rate of return. You need to move to set aside the order. The earlier that you move on this, the better position you will be in to have the judgment set aside. It maybe possible to have an attorney appear on the matter for the Motion without your presence. If you are without sufficient funds or assets to retain counsel contact the CT bar association for attorneys that will work pro bono or contact CT legal aid.

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