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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.
Tags >> welfare

Emancipation of minor children

Apr 13, 2011

Mens divorce lawyerQuestion:

My minor daughter has a child and is collecting welfare. Should I still be paying child support if she is collecting welfare? Is this a ground for emancipation?


Posted by: mallen | Comment (0) |

Can the courts increase my child support and alimony payments if my ex goes on welfare?

Aug 02, 2010

Divorce attorney Jason BowmanQuestion: 

Per my divorce decree, I pay $10,000 a year in child support and alimony for 10 years. I've heard if my ex-wife goes on welfare, the courts would come after me to pay more since it would mean I wasn't providing enough support for her.

Can the courts increase my support and alimony payments if she goes on welfare?


Posted by: mallen | Comment (1) |

Ask a Lawyer: How does a man prove abuse?

Oct 06, 2001

Question:

I am currently married and considering a divorce. I have called the police several times during one of her tirades. Each time the police show up I am the one who is advised to leave, or almost arrested. I have been told by the officers that if she even says I hit her, weather or not it's the truth, I will be arrested. The best advice they could give is that when it starts, leave. However, that leaves the kids to fall victim to the abuse because I can't get them out of the house, without a physical fight. My primary concern is not for me, but the welfare of the children. I have started listing all the times that she is verbally abusive to the kids. How do I prove the abuse?

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 Ohio. I would suggest filing for divorce and getting temporary order of custody. Also get your kids into counseling as soon as possible. You did not mention their ages, but the reports to the counselor will help you prove this case. Also, keep a detailed journal.

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: Can the mother and I agree on a child support amount?

Nov 29, 1999

Question:

My wife and are going through a divorce currently. We have agreed to joint legal and physical custody. My wife is being very civil and does not agree with her attorney on what I should have to pay on child support. Is there mandatory minimum on child support or can we agree to a specific amount?

Answer:

I am not currently licensed in the State of Georgia so I cannot answer your question specifically to the laws of that State. Generally parties can agree to any amount of child support. The only issue would be if the lack of child support would place one party in a position to be forced onto welfare. Many courts would not allow that situation.

Posted by: admin | Comment (0) |
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