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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 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.

Nov 29, 1999

Question:

My husband had an encounter with a woman 14 years ago. As a result, she had a daughter. He signed his rights away when she was born and seen her only a few times her whole life. The mother has been married and had a son with another man. The daughter refers to him as dad. My husband and I have two young daughters of our own. The other woman found out that he is making a nice salary and decided to sue for child support after all these years. We now have 954.00 taken out of my husbands check and just got a bill for another 910.00 for 14 years retroactive. If we pay the additional 910.00 a month our two little girls will have to do without. Where's the justice for them? Do we have any recourse considering the circumstances?

Answer:

I am not licensed in that State of Florida and therefore cannot answer your question specifically to the laws of that State. I am confused by the facts presented. If your husband signed away his rights, then he would not have any right to visit with the child, but the mother would have no right to collect child support. If he really terminated his parental rights you need to have that fact presented to the court that entered the child support order. Second, has there been a paternity test? Third was there an establishment of paternity by a court of law? Fourth, in my jurisdiction the court can only go back for child support for a period of ten years. Anything before that time is bared by the Statute of Limitations. Finally, there are limits to how much may be withheld from someone's net pay each month. If they are exceeding the federal or State guidelines on that issue you may have the right to quash the wage assignment. I highly suggest you contact a local attorney to review your case and options.

Nov 29, 1999

Question:

My Ex and I were divorced in Texas; however, she has now moved to Missouri. When we were divorced, I was ordered to pay child support and maintenance. I have completed my CS obligations through the state of Texas, but I am behind on the maintenance which was not paid to her by the state. We had a verbal agreement that I would continue to pay her past the Decree order stop date of June 07 to make up for the time I was unable to pay her in full. My ex is now threatening to take me back to court to get a judgment against me for the amount I still owe her even though I pay her every month. Can she do that? Also, the decree states the maintenance is non-modifiable.

Answer:

I am not licensed in Texas. The laws concerning maintenance will vary from state to state so it is important to also seek advice from an attorney in your state. If you did not comply with the terms of the court order, it is conceivable that she could get a judgment against you for the remainder of the money owed. I am not sure what good that would do her since you are already making regular payments. The purpose of getting the money reduced to judgment is so you have a way collect the money. This is usually done by garnishment of wages. Depending on how much you pay each month there is no guarantee she would get the money any faster with a garnishment. Keep track of all payments you make. Either get a signed receipt from her or pay by check or money order.

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