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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.
Apr 07, 2006

Question:

I'm divorced but I'm seeing a man who is attempting to leave his wife. She found out about me and has confronted me about the affair. She has managed to find my restricted phone number and call me, also she is telling their children all sorts of lies about me, and has gone as far as staging phone calls to the children - these phone calls are supposedly me calling the children at home (conveniently while she and the kids are there and he isn't) and supposedly I'm scaring them and telling them that they will have a new mommy soon and all sorts of other lies. She says it's me because the person calling says it's me??? and then she conveniently tells me intimate details about my life...like what I did one weekend and who my children are and what they were doing with me that weekend...is there anything I can do about this and what can he do since she's basically taken the children out of the house and not allowed him to see them because I'm a threat to them...she is also falsely accusing him of child abuse (emotional) and abandonment because he was with me one weekend - but the kids were with their mother out of state for a graduation..

Answer:

I must advise you that I am not licensed in Ohio. I understand from your question that wife is making up stories about you. Does she make any direct contact with you? If she is threatening you then you may have some recourse by obtaining a protective order to stop the harassment. You may want to have your boyfriend run this by his attorney first to determine what effect it will have on his case. Finally, I would recommend consulting an attorney in Ohio as the law will vary from state to state.

Mar 20, 2006
My clients often ask me when their children will be old enough to decide where they will live. Unless your child has reached the age of majority, the simple answer is never. Although there are minimum age requirements for a child to testify in most states and although most states will take into consideration a child’s preference as to residency, a court will never completely defer to a child, no matter the child’s age.
Mar 14, 2006
Other articles have addressed how to respond when the other party wants to move and relocate the minor child. The purpose of this article is to examine how relocation of one party might impact the financial orders in a divorce case (child support and maintenance). We will assume the relocation has been done lawfully and the only issue remaining is to see how the relocation impacts these financial orders. Please keep in mind each case is unique. This article is written to be generally applicable but I will specifically rely on Kansas law in analyzing key issues. You should consult a domestic relations attorney to review your case in light of the law in your state.
Ken McRae, Esq.
A party could move after a divorce for any number of reasons. There are three primary ones, however: 1) to be with a new spouse or romantic interest; 2) to be closer to family; 3) for a new job or a job transfer. Of these three reasons, the new job or job transfer is the most directly relevant to the financial orders in a divorce case and I will spend most of this article on that specific reason. It is often helpful to look at an example rather than relying on vague descriptions. To help in understanding the impact of relocation on the two financial orders we will assume the following facts: the father earns $100,000 per year, the mother earns $50,000 per year and the parties have one 5 year old child. Maintenance (also known as alimony) is paid to a former spouse and is based on the need of the recipient and the ability of the other party to pay. Often courts will use a formula to calculate maintenance. A typical formula would be the party with the greater income will pay 25% of the difference in gross income to the other if there are no minor children and 20% of the difference if there is a minor child or children. In our example there is one child, so the court will use 20% of the difference in incomes. At the divorce the court would order father to pay mother $10,000 per year ($833/mo.) in maintenance. Let us assume mother has decided to relocate and see how this impacts maintenance. Maintenance usually terminates upon the remarriage or cohabitation of the recipient. If she is relocating to be with a new spouse or romantic interest maintenance should terminate. If, however, she is moving for a job transfer or a new job, maintenance may continue under different terms. If mother gets a promotion or new job that will pay her $65,000 per year, and the divorce decree allows modification of maintenance, father can ask the court to decrease maintenance based on the mother

Mar 07, 2006

Question:

My ex will not take her share of the 401K out. Is there a statue of limitation on it and can she drag me back to court and request more money. Since our divorce, it states she was only entitled to half at the time of divorce and I

Mar 07, 2006

Question:

My wife divorced me three years ago while I was extremely mentally ill. I am a disabled veteran receiving social security and V.A. disability. I had depression, PTSD, and was diagnosed with Bipolarize shortly before the end of our marriage. I was unrepresented and did not challenge anything that my wife wanted. We were in Washington State and I felt like moving quickly was the only option for saving my life and obtaining competent medical care as I had not received it in the prior 11 years in Washington State. How long do I have to challenge the terms of the divorce and at least get a fair day in court?

Answer:

Every state will have different requirements concerning the time to file a motion to set aside or reconsider. If you can show that you were mentally ill at the time of the divorce you may be able to extend the time you have. Since the time limits will vary you need to consult an attorney in Washington where the divorce was ordered. Do not delay as the time limits are usually fairly short.

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