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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.
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Can Child Support Orders Be Entered Without Your Knowledge?

Dec 21, 2011

Question:Colorado Divorce Attorney

My question deals with child support and paternity laws.

I recently was informed that there was a strong possibility that an ex-girlfriend from many years ago is claiming I am the father of her child.

I've been told it's possible a default judgment was entered against me ruling me as the child's father and setting child support, which I have never paid since I was never served nor informed of this ruling.

What I would like to know is whether I have a warrant against me for unpaid child support, and if so, will they keep me in jail?


Posted by: mallen | Comment (0) |

Defaulting On The Marital Home Mortgage

Sep 30, 2011

Texas divorce lawyerQuestion:

My wife wants to kick me out of the marital home, but still expects me to continue paying the mortgage.

She says if I try to default on our mortgage she will take me to court to enforce payments to ensure she can continue living there.

Can a court keep the paying party from purposely defaulting on the marital home mortgage?


Posted by: mallen | Comment (0) |

How can I enforce my visitation rights?

Apr 12, 2011

Question:

My ex-wife has refused to allow me visitation with our children after she was able to get a default divorce judgment against me since I wasn't aware of any divorce proceedings.

The judgment states that my visitation rights will only be enforceable "by application made on behalf of the defendant." 

I have no idea what this "application" is or what my next step should be to get parenting time with my children.


Posted by: mallen | Comment (0) |

Ask a Divorce Lawyer topics for Feb. 17: Emancipation and jurisdiction; moving out; age of child and visitation; ex is ruining my credit; incorrect amount of child support; jurisdiction and residency; foreclosure and debt during divorce

Feb 17, 2010

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

  • My divorce papers in one state order me to pay child support until my sons are 21. They now live in another state where emancipation is 18, so do I have to keep paying until they are 21?
  • How long do I have or how do I go about forcing my wife to get the rest of her belongings out of my house so I can move on?
  • Can my 17-year-old daughter refuse overnight visits with me?
  • What can I do if my ex defaulted on a loan that is ruining my credit?
  • What can I do if my child support was calculated incorrectly?
  • My house is in the process of foreclosure. I have access to my 401k to stop the process and pay all our outstanding bills. Should I salvage the house and start fresh with zero debt just before we get a divorce?

 


Posted by: mallen | Comment (0) |

Ask a Lawyer: Answering complaint after 30 days

Jul 05, 2009

Question:

I filed for divorce on 6-15-2005. In the complaint, it states in the summons: "To the Above Named Defendant: You are hereby summoned and required to file with the Clerk of said court and serve upon the Plaintiff's attorney, whose name is: (Name & Address of my attorney) an answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint" The relief I demanded was no-fault divorce, custody of our 2 minor children, and an equitable division of our marital assets. The deadline for my STBX to answer was 7-29-2005. My attorney heard nothing from her until 8-30-2005. He said she answered. I asked him whether that was allowed, he said yes because there are minor children involved and the court allows latitude because of the kids. I called the Civil Clerk, and someone in that office told me the same thing. It still doesn't sound legal. Is the court allowed to go back on its word like that?

Answer:

I am not presently licensed in the State of Georgia and therefore cannot answer you question specifically to the laws of that State. In my jurisdiction, you could have had a default hearing as early as July 30, 2005. However, if she moved to set aside the dissolution and custody order on August 30, 2005 in all likelihood the court would have set aside the divorce judgment and allowed her 20-30 days to file an answer.

Posted by: admin | Comment (0) |
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