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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.
Jun 15, 2005
Judges, lawyers, psychologists, feminists, and men

Jun 07, 2005

Question:

My spouse

Jun 05, 2005

Question:

I was a local non-custodial parent with the standard visitation schedule (every other weekend, alternate holidays, 4 weeks in the summer). I was transferred on my job to Florida recently, but am still being held to the standard visitation schedule. Practical constraints mean that I can therefore only see my child for four weeks in the summer. Is it typical in these situations to have visitation extended in the summer? Is there an out-of-state visitation schedule?

Answer:

I have found that a common out of state custody schedule of Missouri court is one weekend per month set around a three day school holiday if possible, two weeks at Christmas, every spring break and six-eight weeks in the summer. If it is eight weeks they are sometimes split into two four week periods. The real issue is who pays for the transportation. If the children are old enough to fly alone or with a companion from the airline it is obviously much less expensive than having to fly each way with the children.

Jun 05, 2005

Question:

My ex-wife is selling the home and moving, with children, to a new, bigger, more expensive place with her boyfriend. She plans to permanently live there but not get married in order to continue to receive alimony. Other than simply being unethical, can I do antthing about it in the state of MA if its not in the divorce agreement?

Answer:

I cannot answer your question specifically to the laws of MA as I am not licensed in that State. Generally, maintenance (alimony) is modified upon a showing of a substantial and continuing change of circumstances. The basic idea of maintenance is that she cannot meet her reasonable needs and expenses. You can attack that claim on the income side or that her expenses are unreasonable. If she has a boyfriend residing with her, he must be sharing the expenses. Her mortgage and utilities should be cut in at least half depending on the boyfriend's income. You can also look a the income side. Some jurisdictions place a burden upon the person receiving maintenance to make reasonable attempts to progress toward self-reliance. I would assume that your ex-wife is not working? Finally, some jurisdictions consider a cohabiting person to be in a similar situation as a married individual and will terminate maintenance automatically.

Jun 05, 2005

Question:

I've been ordered to appear in Kansas on 5/9 for a child support/payment hearing. I currently reside in South Dakota. I'm scheduled to begin school on the same date which will allow me to make enough money to pay the things that I'm court ordered to pay. I can't be in both places. What is the penalty for failure to appear.

Answer:

I am not licensed in Kansas, but in Missouri for example if this is the actual hearing, they will enter a default order against you. Everything she states is taken at face value and not challenged concerning her income, your income and the expenses of the children. She can also ask for attorney fees and will likely get them. Finally, if this is a non-support hearing you could be held in contempt and placed in jail.

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