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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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How can I prove I've paid my child support?

Dec 09, 2010

Divorce attorney Jason BowmanQuestion:

I filed papers through my employer to voluntarily have child support deducted from my income, which has happened with each paycheck. However, I just received a summons for contempt for not paying child support.

How can I respond to this summons since I have proof of my child support payments?


Posted by: mallen | Comment (0) |

Ask a Divorce Lawyer topics for March 24: International divorces; retirement and back child support; new homes and child support; moving states to file for divorce; refusing to be served; changing last names

Mar 24, 2010

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

  • My wife and I were married in Canada, but she now lives     in California. Do we have to get divorced in Canada? Will I     be liable for any expenses until the divorce is final?
  • Will I have to give part of my retirement pay to my ex per the decree even if she owes back child support?
  • Will the state consider her new house in the calculation      of child support?
  • Can my wife move to another state and file for divorce there after I already filed for divorce in the state we live?
  • My ex refused to accept a summons served for child custody so it was returned to the court unserved. How can I move forward?
  • Can I sue my ex-wife to change her last name from my name?
  • My ex is falsely alleging that I have paid no money for the kids and now wages are being garnished. How do I stop this and do I have to make the filings in the state our divorce was finalized?

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.

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Ask a Lawyer: Chiuld support when summons never received

Nov 29, 1999

Question:

Is it legal to get a court order on someone who never received a summons to appear in court and if I'm paying child support, do I have a legal right to see my childern?Also, should I be behind over $4000 from day one of the court order?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Tennessee. Generally temporary orders can be entered without notice, but for any final order you have the right to be present and participoate in the hearing. You can also challenge the enforceability of the temporary order at that time as well.

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Ask a Lawyer: Procedures when served with writ of summons

Nov 29, 1999

Question:

My soon to be ex-wife has just had me served with my writ of summons. My question is: do I need or have to fill out a financial statement? Second question: she listed a condition of visitation, do I need to respond to this? Is there anything else I need to do in order to protect myself?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Maryland. In general, financial statements are required by the jurisdiction prior to entry of a divorce. You can contact your local courthouse regarding those forms, and when they need to be filed. I am unsure what you mean as a condition of visitation. I suggest you seek counsel from a local attorney to at least determine where this matter stands and to protect yourself as fully as possible.

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