This is an advertisement.

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.
Oct 06, 2001

Question:

I am fighting a dilemna regarding a request to increase child support. My child's mother just resigned from her position at work. She has a stressful job and does not really feel like jumping back into a position just because... She was carrying our child on her insurance, but asked that I take over while she is out of work. I am self-employed so it was cheaper for her than it would be for me. I have since added him to my insurance which costs me an extra $400.00 a month. She has asked that I cover her mortgage each month until she gets a job. She has always been a hard worker and I am not worried about her employment. Can she take me to court if I do not agree to help her out?

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 South Carolina. You are divorced from her or are not married to her correct? Then no she can not take you to court for her mortgage. As far as the child support, she can request that the Court order you cover support, but in general your child support obligation will decrease because it is such a huge commitment for you, assuming your income is the same and she can not prove a valid reason for her decrease in income.

Oct 06, 2001

Question:

Wife left with my son 3.5 years ago (he will be four in March). I realize that I should have done something then but didn't. At first it was in hope of saving the marriage and later it became a matter of finances. I drive 400 miles every two weeks to spend one day and night with my son in a campground. She has made it clear that if I take my son out of her area that I will never see him again. I send child support every two weeks faithfully even though there has never been an order nor have I ever spent a holiday or birthday with my son. I hired a PI at the end of last year to try and discover a pattern in my son's life. I know that DCS has been involved but I do not know at what extent. My son lives more with his grandmother than he does his mother. The last few visits have been very difficult. There has been drastic changes in his behavior that I don't understand and am very concerned about. He seems terrified of something. I want to just bring him home and file proceedings here but I don't want to harm him in anyway. I don't know what to do. Is there anything that I can file with the courts or DCS while trying to obtain legal representation? Thank you

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 South Carolina. I am unsure where your wife lives. Does she live out of state? If so, for how long? These are the key questions. Under the UCCJA (federal jurisdiction statute), your son's whereabouts and for how long are the key to filing any action. It requires in general that the state where the minor child has resided for the past 6 months be his home state and hence where the action is filed. You definitely need to file to get yourself more meaningful time with your son. As soon as you determine what state is appropriate, I suggest you file for divorce and ask for a temporary custody order as soon as possible.

Oct 06, 2001

Question:

I am currently married and considering a divorce. I have called the police several times during one of her tirades. Each time the police show up I am the one who is advised to leave, or almost arrested. I have been told by the officers that if she even says I hit her, weather or not it's the truth, I will be arrested. The best advice they could give is that when it starts, leave. However, that leaves the kids to fall victim to the abuse because I can't get them out of the house, without a physical fight. My primary concern is not for me, but the welfare of the children. I have started listing all the times that she is verbally abusive to the kids. How do I prove the abuse?

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 Ohio. I would suggest filing for divorce and getting temporary order of custody. Also get your kids into counseling as soon as possible. You did not mention their ages, but the reports to the counselor will help you prove this case. Also, keep a detailed journal.

Sep 06, 2001

Question:

I have been divorced over 5 years. I pay no child support. I have joint legal and joint physical custody of my son. We get along fine and trade days, weeks, eves, etc. with absolutely no problems. Recently, my ex has become very serious about changing jobs. Because of her career, there is about a 90% likelihood she will take about a 10-15k a year pay cut. I asked her how she will be able to afford that type of pay cut? She will only say that she doesn't need that much money to make it. I am concerned that she is going to go after a modification and now ask for child support. I have kept my end of the bargain, my son lives with me 1/2 the time and we split all expenses 50/50. We originally made about the same money. Now I have a disibility retirement pension plus I've started my own company. I may make about 10k more than she does presently, including my retirement. Do I have anything to worry about? Am I being too paranoid? When I had to suddenly take a disability retirement I never asked her for money when she made more than me. Any suggestions? Thanks in advance!!

Answer:

If she does file and takes a voluntary pay cut then the court most likely will not look on that as just cause to modify the support arrangement alone. Even with your increase, you should still be successful in fending off a request for child support unless there are other factors plead by her, and not known to you now.

Sep 06, 2001

Question:

My wife recently admitted to being engaged in an affair with a co-worker who is married with two children. I am very hurt/sad/angry/confused and have begun meeting with a couselor for guidance. My wife has said, "I love you, but I'm not in love with you," and "I don't know if I want to try to save our marriage." I fear that she may be preparing to leave me. My goal is to repair our marriage, but I am worried that, despite my efforts, we may be doomed. She has talked of "remaining friends" and "staying close," as if when we were to split, we would just shake hands, smile, divide up our personal belongings happily, and part ways. I don't see it being that amicable or that simple and am wondering if I should be taking steps to protect myself in case she decides that her affair is not enough torture for me and asks for a divorce.

Answer:

Be sure to have a good understanding of all of your assets and debts. I would suggest you close out as many credit cards as you can and maybe any joint accounts you have. Suggest marriage counseling, if that is what you want. You did not mention kids. If you have any be sure to stay involved and participate with them in their school and activities.

Divorce, Child Support, Alimony Information.
Men's Rights Website
Contact DadsDivorce.com