Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Sara Pitcher

Noblesville, Indiana Divorce Lawyer

My previous article "Guardian Ad Litem, Divorce and Child Custody" discussed a Guardian Ad Litem's role in divorce and child custody cases, which is primarily to advocate for the child’s best interests and file a report with the court.

While the Guardian Ad Litem’s child custody report and findings are very persuasive to a judge, the judge is not bound to follow the Guardian Ad Litem’s recommendations.

Although the judge is not bound to follow the GAL’s recommendation, they often do as it would have been a waste of the parties’ resources to pay for a GAL only to have the judge issue a ruling inconsistent with the recommendations of the GAL without sufficient cause.

For this reason, it is best to have a favorable GAL report and to work cooperatively with the Guardian Ad Litem.

But if the child custody report is unfavorable to you, you do have options.

Question:

I would like to know how to handle child support calculations while I am currently unemployed during our divorce settlement negotiations.

My soon-to-be-ex-wife thinks my child support payments should be based off my high-paying job that I was fired from several months ago. However, I am currently collecting unemployment as my only income.

My concern is I will not be able to return to that salary level even though my child support payments could be based off that income. How do I address this situation?

Also, does child support normally start after the execution of the marriage settlement agreement or after the divorce has been finalized?

Question:

After we filed for divorce, I accessed my wife's email and Facebook passwords that were available on our shared computer.

I posed as her and posted on her Facebook that she cheated on me and left me and is only getting a divorce to get my money. She found out, changed her password, and now I can't remove those posts.

I didn't know this could potentially be a crime until later. Could I be in trouble if she were to pursue charges against me for what she is calling Facebook hacking?

By Nathan A. Hacker

Indianapolis Divorce Lawyer

Divorce lawyers frequently receive calls or emails from clients stating, "I’ve got some divorce evidence about…"

What many people don’t understand is that there are series of rules that have to be followed in order to put something into evidence. These rules very from state to state, and many times the variations are not in the wording, but rather in the interpretation. 

An understanding of these evidentiary rules can help fathers talk to their divorce lawyers and be in a better position to assist their attorney and stay active in the case. 

A common example is the statement by a child about what they experienced at the other parent’s house during parenting time. The following is an example of the checklist that is passing through your attorney’s head as you are explaining what you believe to be evidence:

Question:

My state requires a 6-month waiting period before getting married following a judgment of divorce. My lengthy divorce was just finalized, and I am ready to marry my long-time girlfriend.

Are there any consequences if we get married out of state to circumvent the law and then return to living in the state?