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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: Can't afford retroactive child support

Nov 29, 1999

Question:

My husband had an encounter with a woman 14 years ago. As a result, she had a daughter. He signed his rights away when she was born and seen her only a few times her whole life. The mother has been married and had a son with another man. The daughter refers to him as dad. My husband and I have two young daughters of our own. The other woman found out that he is making a nice salary and decided to sue for child support after all these years. We now have 954.00 taken out of my husbands check and just got a bill for another 910.00 for 14 years retroactive. If we pay the additional 910.00 a month our two little girls will have to do without. Where's the justice for them? Do we have any recourse considering the circumstances?

Answer:

I am not licensed in that State of Florida and therefore cannot answer your question specifically to the laws of that State. I am confused by the facts presented. If your husband signed away his rights, then he would not have any right to visit with the child, but the mother would have no right to collect child support. If he really terminated his parental rights you need to have that fact presented to the court that entered the child support order. Second, has there been a paternity test? Third was there an establishment of paternity by a court of law? Fourth, in my jurisdiction the court can only go back for child support for a period of ten years. Anything before that time is bared by the Statute of Limitations. Finally, there are limits to how much may be withheld from someone's net pay each month. If they are exceeding the federal or State guidelines on that issue you may have the right to quash the wage assignment. I highly suggest you contact a local attorney to review your case and options.

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Ask a Lawyer: Across State lines

Nov 29, 1999

Question:

My ex-wife remarried and moved my son with her and new husband from Texas to Oklahoma so her new husband could be close to his children from previous marriage. To make matters worse, she still stays in Texas to work 5 days a week and only sees our son on weekends when she goes back to Oklahoma. So my son really does not have either of us full-time. What I would like to do is have the Texas court of record of our divorce mandate she move back here with my son within a certain time frame. Is this something a court would do for me ?

Answer:

I am not licensed in Texas. You should always consult an attorney in your state as well. You can file to modify the current custody order. If the court determines that it is in the child's best interest to be in Texas, they can order his return. They cannot force mother to live in Texas but can give custody to you. The court will consider: 1)Why mom moved? 2)How the move affects your parenting time? 3)Is the move in your son's best interest? Filing to modify will at the very least adjust your parenting time to account for the new distance.

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Ask a Lawyer: Maintenance in arears

Nov 29, 1999

Question:

My Ex and I were divorced in Texas; however, she has now moved to Missouri. When we were divorced, I was ordered to pay child support and maintenance. I have completed my CS obligations through the state of Texas, but I am behind on the maintenance which was not paid to her by the state. We had a verbal agreement that I would continue to pay her past the Decree order stop date of June 07 to make up for the time I was unable to pay her in full. My ex is now threatening to take me back to court to get a judgment against me for the amount I still owe her even though I pay her every month. Can she do that? Also, the decree states the maintenance is non-modifiable.

Answer:

I am not licensed in Texas. The laws concerning maintenance will vary from state to state so it is important to also seek advice from an attorney in your state. If you did not comply with the terms of the court order, it is conceivable that she could get a judgment against you for the remainder of the money owed. I am not sure what good that would do her since you are already making regular payments. The purpose of getting the money reduced to judgment is so you have a way collect the money. This is usually done by garnishment of wages. Depending on how much you pay each month there is no guarantee she would get the money any faster with a garnishment. Keep track of all payments you make. Either get a signed receipt from her or pay by check or money order.

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Ask a Lawyer: She's Refusing My Money

Nov 29, 1999

Question:

I live in Texas and have joint custody of my son. I'm required legally to pay 50% of his schooling and to cover his insurance. An odd thing is happening: I've been sending payments to the school and recently received a check from the school returning his tuition and saying that my son's tuition has been taken care of by another source and that I no longer need to make additional payments. Also, I know for a fact that my ex- takes my child to the doctor regularly but she's never used the insurance that I provided. I did some research and as far as I can tell he doesn't have any additional insurance, my guess is that they've been paying out of pocket. I've had my doubts for a long time that the child is actually mine, but I'm not ready to know the truth yet. What do you suggest? Thank you for your advice.

Answer:

I am not licensed in Texas. Laws vary from state to state so you should also consult an attorney in your state. I suggest you keep all records of your efforts to pay your court ordered obligation. You want to avoid being in contempt of court for non-payment. You will not be in contempt if you have made every effort to pay. You may also want to email or send a letter to your ex- confirming that there are no uninsured medical expenses for you child for the year. Also let her know you were advised by the school that no tuition was due. Ask her to notify you if this changes. By doing this you have written record of your efforts to pay the expenses.

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Ask a Lawyer: taking away profits from sales or life insurance

Nov 29, 1999

Question:

I just went to court to re-arrange payments for arrears. Now they want to garnish moneys from sales or life insurance if I die. I did not sign to this and the judge did not say anything about these issues. Can I take the ex back to court for these issues?

Answer:

I am not licensed in Texas. It is not uncommon that you be required to maintain a life insurance policy as security for your child support obligation. Your child support obligation does not die with you. As far as your question regarding sales, I am not exactly sure what you are referring to. Are you a salesman? Is repayment of your support being garnished from commissions? Child support can be garnished from your income, bonuses or commissions. The Court will have a lot of discretion in collecting support. However, you may want to consult an attorney in Texas to determine if any of the terms of the current order can be changed.

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