Blog entries

Ask a Lawyer: child support

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: If I have payed my back child support but not money I owe the state, why are they still deneying my passport?Answer: I would guess because you need to pay the state back before being elegible to receive your passport. Is the money owed to the state for your child? I am not licensed in MO so you should also consult an attorney in your state.

Ask a Lawyer: help

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: Child support is under $2500 but what I owe is not, can I get my passport?Answer: I recommend contacting the State Department to determine if you are eligible to receive your passport.

Ask a Lawyer: Stock optoin sale and payment of social security and withholding tax

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: My divorce decree called for me to split the stock options that I was awarded by my company. My ex received 1/2. I sold stock options at her request late last year. She received the proceeds from the stock sale as soon as the check arrived. Now she is asking me to reimburse her for the social security and withholding tax that was generated by the stock sale because it went to me. My lawyer is not a tax attorney, but this was his interpretation: "She is to pay all income taxes, etc. dueRead More...

Ask a Lawyer: STOP/ MODIFY ALIMONY

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: Are there papers that I can file myself to stop/modify alimony payments in South Carolina? My ex had no skills when we divorces in 1989. She has made more than money for years. I do not have the money for an expensive lawyer. I have not worked in 3 years due to Rheumatoid Arthritis which was diagnosed abut 5 years ago.Answer: I am not licensed in South Carolina. However, most legal proceedings can be done pro se (without a lawyer). Keep in mind if you do file without an attorney you wiRead More...

Ask a Lawyer: Military retirement and disability Separate Property

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: My father is 73, retired USAF with 40% disability pay. He is getting divorced. His wife was not with him while he was on active duty. All children are grown and out of the house. He has been the primary bread winner, but she has had a job for quite some time. During the marriage she was funneling money back to the Philippines and bought a house in her name only without telling my father. He recently discovered this. Is his retirement subject to division as marital property even though Read More...

Ask a Lawyer: Spousal Support

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: I was married 18 years. 3 children - the last one just graduated high school. Wife has LPN license, but has not worked full time for many years, she mostly worked in home care under the table. I filed for divorce in June 2006. She was already on probation for a theft charge. To make long story short, she was arrested on a felony drug theft charge, had a DUI & several other traffic violations in a short period of time, lost her driver's & nursing license & spent 6 months in correctionalRead More...

Ask a Lawyer: whats the different

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: Can my arrears that I owe to the state be lowered are waived is there a different between the money I owe for child support and what I owe the state?Answer: I am not licensed in Missouri. I believe your question is concerning money paid by the state to support your child. In other words, your child received some type of welfare benefits. Normally, when a parent applies for assistance they have to give their right to collect support to the state. In other words, the support you pay eachRead More...

Ask a Lawyer: SSI and child support

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: My child's father has been paying child support for the past two years while unemployed. He has now been approved for disability and they are going to make it retroactive to Aug. 2005. My child has also been approved and also will be made retroactive. Since I am the custodial parent the payment will come to me. Her father is stating that I need to return the past 2 years of child support to him from this lump sum payment since the amount is greater than his ordered payments. I think thRead More...

Ask a Lawyer: Early Ending of Spousal Support

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: My ex-wife will be getting remarried in a few months and I am inquiring on how this might affect the spousal support I currently pay. I cannot find any language in the papers to suggest any financial changes. If this is so, what steps can I take to rectify this situation?Answer: I am not licensed in Kansas. The answer to your question might be found in the statutes (law) of Kansas. If the law states that alimony or spousal supports ends upon the spouse

Ask a Lawyer: Disabled Female Vet with DDD and Fibromyalgia unable to work

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: My husband and I have been married 14 years marriage is irreconcilable and spouse is literally making me sick by stressing me out, which exacerbates my pain. I can no longer work license medically retired from military. We own a house in Hawaii, he works as a contractor and also retired from military with no child custody involvement Will I be awarded the right to stay in my home since I cannot be gainfully employed under any circumstances due to my daily pain level? I am on disabilityRead More...

Ask a Lawyer: Pathological Lieing Women

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: How have you or all the Father's across the country dealt with a Pathological Lying ex? She has 5 children by 4 men. She has had 4 abortions; 1 forced by parents and the other 3 were used as birth control. She held other things back because she knew I would not marry her if truth be known. Second son came about by cheating on her first husband with a married man. Our divorce was finalized Dec. 13, 2006 and she is remarried by Aug. 14, 07. I just spent the night in jail on the night of Read More...

Ask a Lawyer: Modification

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: I have several details. 1 - My ex-wife is the custodial parent and we had a modification to our original divorce decree in GA back in 2002. She moved to South Carolina, ignoring the stipulation in our divorce decree that if either of us move more than 60 miles from Atlanta, GA, then we would have to agree on visitation arrangements or go to court for a modification. I can no longer give in to her demands which are very unrealistic, and may want to explore options to modify the time andRead More...

Ask a Lawyer: Child Support

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: My wife lives in CT with my son who is 8 years old. She is making about $120,000 per year when I'm making $30,000 per gross/year. I'm already paying $200/months. She is asking me now for $500/month. But I can't do it; My income doesn't allow me to do it. What is the exact amount I should pay?Answer: I am not licensed in Connecticut. Every state calculates support differently. You should use the online support calculator for your state to determine the correct amount of support. Keep inRead More...

Ask a Lawyer: Time

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: I have only been married for 2 months and my husband moved in my house (with just my name on it) he has lived there for 4 months. What do I need to do to get him out? I live in Wetumpka AlabamaAnswer: First, I must advise you that I am not licensed in Alabama. You should also seek the advice of an attorney licensed in Alabama as laws will vary from state to state. Since, you are legally married it may be difficult to remove your spouse from the home without a court order. It is unlikelRead More...

Ask a Lawyer: Pregnant from affair

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: I'm pregnant from an affair that I had. All the assets in the marriage (house, cars, furniture) came from my income or savings; most prior to the marriage. We have only been married 18 months. He accumulated $27,000 in student loans prior to our marriage while I had $3,000. We consolidated the loans after we graduated and married. Can he stick me with half his college debt?Answer: First let me advise you that I am not licensed in Missouri. Since laws vary from state to state you shouldRead More...

Ask a Lawyer: COMPTEMPT

Dads Divorce — Sat, 07 Nov 2009 05:00:00 +0100

Question: I have custody of my 9 year old daughter. I have had custody for about 4 years. My ex wife is always doing things against the court order. Can I file contempt without lawyer?Answer: Every state will have differing laws on this issue. I am not licensed in Georgia so you should consult an attorney in your state before taking action. Most states will allow you to represent yourself. Keep in mind that you will be held to the same standards that attorneys are if you chose to go it alone. IfRead More...

DadsStory: Single Dad Looking For A New American Dream

Rick Ortiz — Fri, 06 Nov 2009 05:00:00 +0100

by Gene Reeves for DadsDivorce.com

This is a true story about the love of a single dad and how the current economic crisis has affected just one family in America. There are many families out there facing similar problems.

Some of those are also struggling with more pressing issues than this family. And some others have just given up and turned to welRead More...

Ask A Lawyer: Do I Still Pay Child Support When My Daughter Works Full-Time?

pmcmahon — Fri, 06 Nov 2009 05:00:00 +0100

Question:

I have a twenty year old daughter who is supposed to have been attending college full time. I just found out through her transcript that she has been withdrawing from one class each of the last 3 semesters. Now she took the spring 2009 semester off. Further, she wants to takRead More...

Alimony And Divorce: An Attorney's Perspective

Rick Ortiz — Wed, 04 Nov 2009 15:56:26 +0100

The Wall Street Journal recently published an article by Jennifer Levitz titled: The New Art Of Alimony. The article gives some very scary situations in which, years after a divorce is finalized, one partner comes back seeking maintenance or alimony simply because they have fallen on hard times. In some of these cases the ex-partner who is ordered to payRead More...

Ask A Lawyer: Can I Mitigate My Obligation To Pay 1/2 Of Her Debt?

pmcmahon — Wed, 04 Nov 2009 05:00:00 +0100

Question:

My spouse is spending her money aggressively to eliminate any cash that she may have to split in our divorce. What can I do to mitigate my obligation to pay half of her debt?