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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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The Problem With a Mandatory Cooling Off Period in Divorce

Feb 24, 2011

By Scott Trout

Managing Partner, Cordell & Cordell

A Nebraska bill would require therapy or counseling for couples for up to six months before a divorce could proceed if children are involved or either the husband or wife does not believe the marriage is over.

State Sen. Tony Fulton's bill would give judges greater discretion in a divorce case during this six-month "cooling off" period. (Read the full text of Fulton's divorce reconciliation bill.)

However, similar legislation has been attempted in many states with only a few passing it. The concerns are from many perspectives.


Posted by: mallen | Comment (2) |

Ask a Lawyer: Collecting from a married spouse

Feb 06, 2003

Question:

I want to know if the State can collect money owed by my husband from me. I want to start sending in his child support from my personal checking account, but I don't know if they will start going after my account for my husband past due and current child support.

Answer:

I cannot answer your question specifically to the laws of California as I am not licensed to practice law in that State. In most jurisdictions, the income and assets of a new spouse are not relevant to determining and collecting support. So I think it is unlikely, however since this is a state specific rule, I suggest you consult with an attorney to be sure.

Posted by: admin | Comment (0) |

Ask a Lawyer: Can you refuse to get child support?

Nov 29, 1999

Question:

I am a 17-year old mother and my newborn was born out of wedlock in Kentucky. Her father and I are not living together and I have given her his last name. I do not want him to pay child support because we both will have custody of the child and he will help support her. Is there any legal way that he can get out of paying child support? If so, will I still be able to have a medical card for her and keep our WIC?

Answer:

I cannot answer your question specifically to the laws of Kentucky as I am not licensed in that State. Generally you are not required to ask for child support. It is very common for people that share joint physical custody to not pay child support to the other parent. However, if you receive certain welfare benefits you sign over your rights concerning child support. Therefore the State could file a modification of the paternity action down the road to force him to pay child support. You need to review the applications that your made when receiving the medical card and WIC. In my jurisdiction you only sign over your rights to the child support in exchange for monetary welfare benefits, not indirect aid such as WIC.

Posted by: admin | Comment (0) |

Ask a Lawyer: Motion to modify for child support.

Nov 29, 1999

Question:

Is there a set time before someone can file a motion to modify for more child support or can they just file a motion every month if they want?

Answer:

Child support is always modifiable if there has been a substantial and continuing change of circumstances since the last modification. If the support was calculated pursuant to the Form 14, there is a prima facie (automatic) change of circumstances if the Form 14 amount is modified by 20%. The rumor about the set amount of time is derived from the DCSE internal policy that they will review and modify non welfare cases only every three years. Welfare recipients sign over the child support to the State and therefore the State will review and modify anytime if they can recoup a portion of the welfare benefits they are paying out.

Posted by: admin | Comment (0) |
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