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Dads Divorce - Free custody and alimony advice for men and fathers.

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Oct 07
2009

Ask a Lawyer: Tuition

Posted by Dads Divorce in MO , Maintenance , Child Support , Ask A Lawyer

Question:

My husband and I live in Missouri. His kids live with their mother in Illinois. Both kids attend public school. The bio-mom got married and moved the kids into a new school district. One attends school in the new district and the older one is still going to the old school with her mother paying out-of-district tuition. She expects us to help pay this also. We refuse to pay tuition for public school because she moved. The divorce papers clearly state that "the children will attend school in the district that the mother resides". The bio-mom is taking us to court over the matter. We, of course, have to pay an attorney in dealing with this. Our attorney says that she has "no leg to stand on" with this matter and we won't be forced to pay tuition. We would also like to recoup the attorney fees from her to teach her a lesson that she can't sue us just to get more money from us. My husband pays 28% in child support and also pays 1/2 the medical, school fees, and extracurricular bills. He rarely has any money left over to do anything with his kids when he sees them. Your opinion would be greatly appreciated.

Answer:

I think your attorney is correct. Also, be sure that you have requested attorney's fees in this matter.
Sep 07
2009

Ask a Lawyer: How to get the support to stop

Posted by Dads Divorce in MO , Maintenance , Child Support , Ask A Lawyer

Question:

I live in Missouri. My divorce is over 10 years old. I have joint custody and have my wages garnished to pay $600.00 per month. There are three boys on this order. The oldest moved in with me when he was 18 until he turned 20. He attempted to go to College but has now turned 21, lives on his own, supports himself etc. His $200.00 per month continues to go to his mother, who doesn't support him. Since the original order is a general order not specifying an amount per child, how do I get the court or DFS to stop garnishing the full $600.00 per month? Soon the second child will be 21 as well. Do I have to pay the $600.00 per month until the youngest is 65 or what? The order doesn't seem to have any cut-off time. Does the state not have any laws about this? I have faithfully paid over $80,000.00 in the last ten or so years.

Answer:

If there is no specific breakdown per child then the full amount will continue to be withdrawn as child support. You may want to check what your current child support obligation would be before you seek to have a more specific order put in place. Based upon the length of time since your order was entered, most likely your child support would be more than what you are currently paying. Please check that information first. As far as the cut off, it is 22 if the child goes to college full time. If not, then 18 or high school graduation.
Sep 07
2009

Ask a Lawyer: age of majority

Posted by Dads Divorce in MO , Maintenance , Child Support , Ask A Lawyer

Question:

My divorce decree states payment to be made until age of majority. What is the age of majority in Missouri?

Answer:

I do not practice law in Missouri. The age of majority for child support purposes varies from state to state. In some states it is 18. In others it extends to 19 if the child is still in high school. Still in other states the age of majority is 21. Contact an attorney in your state to determine the date of majority in your state.
Sep 06
2009

Ask a Lawyer: Child support and remarriage

Posted by Dads Divorce in remarriage , NY , Modification , Maintenance , joint , custody , Child Support , Child Support , Ask A Lawyer , adjustment

Question:

I have been remarried for a year and my ex-wife is getting married next week. I was required to increase my child suuport in April because my ex-wife was fired from her job. A week later she bought a 3 bedroom house. The man she is marrying has 2 sons who now share a room with my son. Before we were married my children each had their own bedroom in a 2000 square foot house. Now my son must share his room with 2 boys who are 6 years younger than him. I have a 4 bedroom house where my children each have their own room. Can a file for a reduction in child support since my children are not living in the manner they were accustomed to or can I file for primary residence.? We currently have joint custody and she has primary residence. I want to support my children but I don't feel my7 child support should have to pay for the other 2 boys.

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 New York. It will be difficult to modify child support now so quickly after one modification was entered. you have to show the change that has occurred to change child support, and that would not be including their actual living environment.
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