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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.
Tags >> terminate garnishment

Ask a Divorce Lawyer: What can I do since I don't know where my adult child is but I need proof from her for emancipation?

Feb 06, 2010

Question: I have an 18-year-old daughter from a previous marriage. I filed for the emancipation and was rejected at present moment because the court asked for the proof that my daughter is out of school, lives on her own, etc., and I need to provide them with that information to be able to terminate child support. 

But I haven’t seen my daughter in over 17 years, almost all her life. I don’t have any info about where she is so what should I do? 

I have to have this proof to terminate child support on the ground of emancipation, but I can’t find her. Please help.


Posted by: mallen | Comment (0) |

Ask a Lawyer: Wife ordered to work but isn't working.

Oct 05, 2007

Question:

In our court hearing at the time of our divorce 4 years ago, it was court ordered that my ex-wife work. However, to my knowledge, she has not worked. My children have said that she took care of pets for people for a small amount of time before getting pregnant by a man that she and my children now live with (although she is not married to him). She also went to school to become a Chinese herbalist for a short period of time but has never claimed that she worked doing that. She is considered the main custodial parent. If she is earning income but not letting me know about it, how can I factor this into the current child support I am paying? And if she isn't working, and hasn't worked, as the court ordered her to, how can this also factor into the child support situation? Also, I was ordered to pay spousal maintenance for 12 months after our divorce, however it is still (4 years later) being taken out of my paycheck monthly. How can I successfully address this with the court?

Answer:

I am not licensed in AZ and therefore cannot answer your question specifically to the laws of that State. First, file a Motion to Quash the Garnishment. Why you did not stop the maintenance three years ago is confusing? You can also file a Motion for Sums Due and Owing and attempt to get the three years of maintenance back from your ex-wife. However, the court could consider the extra payments a gift if you knew that you only had to pay for 12 months, but continued to pay for 48 months without seeking to terminate the payments. With regard to the lack of employment, if her income is used in the calculation of child support you can seek to have a reasonable wage imputed to her. This reasonable wage would be largely based upon her education, prior work history and age. At a minimum the wage would be full time at minimum wage. I have had some success getting even uneducated people with limited work history imputed income at $8.00. If she has a degree you may want to consider a vocational expert to testify. They are relatively inexpensive to retain and I have found them well worth the money.

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