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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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Ask a Lawyer: Can the custodial parent refuse child support payment if made by personal check?

Nov 29, 1999

Question:

Can the custodial parent refuse child support payment if made by a personal check?

Answer:

If you are ordered to pay through the court system, state agency or have a history of providing checks without sufficient funds the custodial parent can refuse a direct personal check. In other circumstances, it would be unreasonable. Never pay child support in cash or other untraceable methods of payment.

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Ask a Lawyer: Can I Bring my little girl back to Missouri ?

Nov 29, 1999

Question:

My ex-wife and I have legal joint custody of our 8 year old daughter. She hasn't allowed me to see her for close to 9 months. About 6 months ago she took our daughter out of state without my knowledge. It has taken quite some time to find out where she has moved, although according to our divorce order and parenting plan she is to let me know where she has my daughter; She isn't to remove her from the state of Missouri. Once I located her she moved again! I

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Ask a Lawyer: Overpaid child support

Nov 29, 1999

Question:

My fiancee's child support order was arranged in Nevada. He has been paying 18% of his gross income. We just discovered that Nevada has maximum amounts that child support payments cannot exceed without specific reasons being specified. He has been paying well over those maximum amounts for years. For example, right now he pays over $1500/month and the maximum amount is $600. That is a difference of $10,800/year! The support agreement said nothing about maximum limits - it did not specify any, nor did it give any reason why they should not be honored. Has he been overpaying all these years? If so, can anything be done about it? We now live in Michigan and the mother and child live in Wisconsin. If he renegotiates, does he have to do it through Wisonsin, or can he go through Michigan.

Answer:

If there has been a change in circumstances to make the current child support order unreasonable, you should file a Motion to Modify child support.

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Ask a Lawyer: Child Support when ex-spouse makes more than Father now

Nov 29, 1999

Question:

Due to an unfortunate series of events, an Indiana Father of two - 10 and 13 - has had to start new career outside of medical field he was a part of for 22 yrs. Now he is making less than his ex-spouse, but still paying child support, although somewhat reduced recently as to the amount. But he is now several months behind in mortgage payments for his own home. The children live there more than 50% of the time. The court has found the Father to be in contempt for putting a roof over his own kids head rather than staying current to the ex-spouse who is making considerably more income. What should I do?. I'm about to lose my home. I was told by the prosecuting atty. that I had better stay current.

Answer:

If the support has been modified and is within your State's guidelines for the calculation of child support there is little else to do legally. You may want to look at the debt consolidation and counseling specialists.

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Ask a Lawyer: Whjat has to be done to switch custody of the kids?

Nov 29, 1999

Question:

I have a 17 year old daughter that I want to have the legal claim of custodial parent. My ex is willing to sign over this right. The state dept that we spoke with said we need to have an attorney to get this done. Can you tell me what needs to be done and suggest an attorney?

Answer:

If the matter is by consent you need to file a Motion to Modify (along with a proposed parenting plan, financial statements and a filing fee check) in the Court that entered the divorce or paternity judgment. The Motion needs to be served upon the mother or she needs to file a waiver of service. After thirty days following service/waiver you can submit a proposed judgment to the court. Some judges will allow you to file the judgment with an affidavit from both parties so no court appearance is necessary. If you are not allowed to submit by affidavit a short court appearance is required. It may also be necessary for both parents to complete a parent education class. Please feel free to contact Cordell and Cordell P.C. at 1-866-DADS-LAW for a consultation.

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