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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.
Dec 07, 2002

Question:

My divorce was final almost 3 years ago. My ex-wife has custody of my children but, I have visitation. I am in the military and my children live in Nebraska. The divorce was also final in Nebraska. My 12 year old daughter was recently arrested and is currently a ward of the state of Nebraska. I was also informed that my 9 year old boy had stolen a video game from a local target. I am concerned about my ex-wife and her husband having custody of my children. I have limited funds to spend on a custody battle, since I pay $900 a month in child support, and I am not sure what I can do. What are my rights as a non-custodial parent? Can I get legal help given my financial situation? How should I go about a custody battle once the issues are dealt with concerning my 12 year old daughters arrest? Any advice you could give me would be great!!

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 Nebraska or Florida. You can file a Motion to Modify alleging failure to supervise and care for the children. You may not have a battle based upon the issues of the your ex's failure to care for them. Also, you can talk to the State regarding becoming your son's custodian due to failure to care by his mother. They may agree to assist you in the fight for your kids due to unfitness by mother.

Dec 07, 2002

Question:

My ex and I have joint physical/legal custody. About 9 years ago she went through a second divorce and asked me to take care of our son until she got back on her feet. She basically stopped paying support for 16 months. Then made partial payments on and off until last year when she stopped paying all together. She moved farther away, making the original joint physical logistically impossible during school. Then about 6 years ago, she moved to another state. She has not had a single overnight visit in the past 4 years. She never calls on her own, and rarely returns my son's calls. I would like to recover the back child support, have the calculation adjusted to reflect "reality" my full time care of our child, possibly have the "joint physical" overturned since it was possibly something she pushed just for monetary reasons. Do I have a case? My divorce stated we must attempt mediation first, I can't get her to take my calls much less agree to mediation. I suspect that she will insist on her having her joint overnights when she gets the summons, I've delayed doing anything about this because I love having all of this time with my kid and hate giving him to someone not interested in being a parent. A buddy told me I might have to go back to joint physical if she insists she wants to have another chance. Do I have a case? Should I attempt mediation first? Is there a risk that I would have to share physical with her again? Thanks.

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. More than likely you will not have to share joint custody with her if the two of you went back to court. She has been very absent so the court may not enforce her rights. You certainly have the right to enforce the child support obligation. Also you must at least attempt to mediate, so sending her a letter requesting she pay the back child support and request to go to mediation to resolve this issue. This should get you over the mediation hurdle if she refuses to mediate with you.

Nov 08, 2002

Question:

How do I find and hire a good private investigator for custody issues?

Answer:

I would first ask your attorney if they have anyone that they regularly use. If not ask friends or family for recommendations. If all else fails use the phone book.

Nov 08, 2002

Question:

The child support that I pay to my ex-wife for our two children has recently been modified to almost double what it was. She works only part-time and makes roughly $1000.00 a month and I make $2900.00 a month. The court says she is only responsible for less than $300.00 support monthly and I have to pay her $665.00 monthly. She has been remarried for 12 years and he makes probably $4000.00 a month. How is it that she is allowed to only work part time and my child support is raised with no consideration given to his income that allows her to only work part time? It seems unfair. Ben Neely

Answer:

I am not licensed in Missouri. Since laws concerning support will vary from state you should also consult an attorney licensed in your state. Child support is usually based on an income share model. This means your support is based on the proportional share of the combined income of you and your ex. You can argue that her income should be imputed at a higher amount if she is underemployed. The court may impute full time wages to her if the reason she is working part-time is that her new husband's income affords her the opportunity to do so. However, if she works part time to watch children that would otherwise be in daycare, the court may not impute full time wages. I recommend consulting an attorney in your state who can advise you whether the current order is within your state's guidelines.

Nov 08, 2002

Question:

My soon to be ex-wife and I went into her lawyer's office to sign the divorce decree. After we signed her lawyer gave me a piece of paper stating that my child support was going to increase every year in September. Now I want to contest this part of the decree and I'm not sure how to go about doing that. Can I file a petition on my own?

Answer:

I am confused regarding this "paper". Generally child support is modifiable after a significant change in the circumstances. Some states have specific hurdles, like every 2 years. However a yearly review sounds like something you would have to agree to. So if there are terms in there that you do not agree to then you need to get something filed with the court immediately to let the court know that you do not agree with the terms before it is signed. If it has already been signed by the judge then you need to take immediate action, as generally you have a very limited time to complain, such as 3o days.

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