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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.

Ask a Lawyer: Payroll Deduction is more than Court Order

Nov 29, 1999

Question:

My city payroll department is deducting more (almost $300 more) than the court ordered support. Is there a way to correct this? I have sent copies of the Court Order and documents sent to me and the payroll department from the department of public aid to my payroll department without success. The payroll department indicated I need to go to court to modify. However, I have gone to court and am satisfied with the amount ordered by the court. Do I need to retain a lawyer to get my payroll department to comply with the court order?

Answer:

I cannot answer your question specifically to the laws of Illinois as I am not licensed in that State. I have never actually heard of a situation in which the payee's company overpays the child support and will not stop. Is there a discrepancy between the wage assignment and the amount of the court order? Is it possible that you are not calculating the support correctly on a bi-weekly vs semi-monthly pay schedule? Ask the payroll department how they are calculating the amount of money that is deducted from your check and have them explain how they arrived at the amount. If you disagree with their determination you may need to file a Motion to Quash the Wage Assignment. Inside that Motion ask the Court to provide the correct amount of support per your pay schedule (weekly, bi-weekly, semi-monthly) instead of a monthly amount.

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Ask a Lawyer: How do they determine child support for seasonal workers?

Nov 29, 1999

Question:

Hi, How is child support determined if the father has a job such as a roofer that works seasonally? Is it based on his past tax records? Or his current hourly? Can a unwed father get joint physical custody in Illinois if his child has reached age 12 but he has always been involved in the child's life and the mother has never taken him to court for child support (no court orders exist)? Thanks for your time and information.

Answer:

I cannot answer your question specifically to the laws of IL as I am not licensed in that State. In my jurisdiction, the Court is allowed to review the past three years of income and take an average of that income. It is possible to get joint physical custody in a paternity action. The court will look at the totality of the circumstances to determine what is in the best interests of the child. If the child is of school age at a minimum, you must live reasonably close to the child's school to get the child there on time each day of custody.

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Ask a Lawyer: Vacation concerns during visitation

Nov 29, 1999

Question:

During my three week visitation with my daughter (I have partial custody) this summer in my state of Idaho, I had planned on taking her for a week in California (Disneyland). My ex-wife lives in a different state (Oregon) and says that unless she approves it, she can file kidnapping charges on me for taking her out of my state of Idaho while I have her. Is this true? And if it is, how can I thoroughly protect myself from this ridiculous occurance, should it happen?

Answer:

I cannot answer your question specifically to the laws of Idaho or Oregon as I am not licensed in those States. In my jurisdiction you would not be prevented from taking your child on vacation unless the parenting plan and/or judgment stated that both parents need to agree to remove the child from the state. Review the parenting plan and judgment that established custody (and any modifications of custody thereafter) for any provisions concerning crossing State lines. Generally you would need to just inform the other parent, provide contact information and an itinerary of where you will be.

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Ask a Lawyer: Can my ex move to another state with our children?

Nov 29, 1999

Question:

Well to start off, we have joint custody and the visitation is split evenly on a week to week basis. I provide the children with medical and dental through my employer. I was just informed that my daughters mom has filed a motion to move off island. My question is...Is it possible for her to do that when we share joint custody??? Is there any way for me to keep the children here with me? What do I have to do to prevent her from taking the children away?

Answer:

I cannot answer your question specifically to the laws of Hawaii as I (sadly for me) am not licensed in that State. It is possible for her to relocate with the children, but based upon the joint physical custody and the distance involved she would have a difficult burden. Obviously if she is moving to a different island you would not be able to share fifty-fifty custody. Her move would be much more difficult if she is moving to a different State as compared to a different island in Hawaii. You should file a Motion to Modify custody and if applicable to your State a Motion in Opposition to Relocation. The court will look at what is in the best interest of the children. You can not prevent the relocation of your ex-wife, but the court can prevent the relocation of the children. The age of the children, involvement of the children in the community, the location of other family, the involvement of both parents and of high importance is her reason for seeking to move.

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Ask a Lawyer: Once papers are served how long do I have to sign and return them?

Nov 29, 1999

Question:

My wife has filed for divorce and wants it done quick, she says that if I sign the papers when her attorney gets them it would only be 30 days. I would like to prolong the divorce process so that we can see if it is truly what we need and or want.

Answer:

I cannot answer your question specifically to the laws of Georgia as I am not licensed to practice law in that State. You can prolong it by requesting that you are served personally and then you have 30 days to respond generally. Talk to an attorney regarding this for sure so you do not miss your deadline as she could take a default judgment agaisnt you, where you could not participate.

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