Money Made Easy: Life Insurance

Matt Allen — Wed, 10 Mar 2010 05:00:00 +0100

Dan Danford, host of Money Made Easy, tackles a viewer's question about what to consider when purchasing life insurance.

Danford, MBA, CRSP of Family Investment Center, uses his own 30 years of experience as a small business owner and financial adviser to offer advice on if you should be buying life insurance and how much you should have.

Ask a Divorce Lawyer topics for March 9: Marriage certificates; rights to home during divorce; ...

Matt Allen — Tue, 09 Mar 2010 20:57:17 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

If I never turned in our marriage certificate to the clerk, am I still legally married?
I've been making the mortgage payments during the divorce process so is the home mine during this time?
Can I request the kids be taken out of daycare if they're old enough? Why do I pay for thRead More...

DadsDivorce In the Studio: March 9

Matt Allen — Tue, 09 Mar 2010 17:28:44 +0100

DadsDivorce.com editor Matt Allen shares what's new on the site this week.

Lessons To Learn from the Bristol Palin/Levi Johnston Child Support Order

Matt Allen — Tue, 09 Mar 2010 05:00:00 +0100

By Erica Christian

Attorney

Cordell & Cordell, P.C.

Note: This is Part 1 of a two-part series. Click here to read Part 2.

Although this is not the scenario you hear on the news everyday, let’s say you had a great year financially in 2009. Sales were up, bonuses were paid, and overtime was plentiful. You look at your 2009 W2 and sigh as you knoRead More...

Ask a Divorce Lawyer topics for March 8: Daycare expenses; paying child support while unemployed

Matt Allen — Mon, 08 Mar 2010 21:09:51 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Support was based on our daycare expenses but my ex has since taken the kids out of daycare. What can I do?
How can the courts say I still have to pay child support when I don't have any income?

Finances & Divorce: Be proactive to minimize the other expert’s fees

Matt Allen — Mon, 08 Mar 2010 05:00:00 +0100

By JoAnne C. Holt

Certified divorce financial analyst

If your spouse runs out and hires a financial expert what do you do? Hire your own? This is duplicative work in most cases since an expert who testifies in court is supposed to be a neutral objective witness. If that is case – why have two people?

Depending on theRead More...

Ask a Divorce Lawyer topics for March 5: Appearance at hearings; emancipation and military; ...

Matt Allen — Fri, 05 Mar 2010 20:37:06 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Do I have to travel to another state to appear in court?
Is my son considered an emancipated minor since he has signed up for the Marines?
If my name is on the deed to the house, can she make plans to sell the house?
Our agreement on the updated child support was verbal so can shRead More...

Confronting an Order of Protection in the Wake of a Divorce (Part 2)

Matt Allen — Fri, 05 Mar 2010 05:00:00 +0100

By Natalie Hinton

Attorney, Cordell & Cordell, P.C.

Note: This is Part 2 of a two-part series on orders of protection. Click here to read Part 1.

In the midst of a contested divorce case, some people resort to using Orders of Protection as an expedited means of obtaining custody of the children or exclusive possession of the maRead More...

Ask a Divorce Lawyer topics for March 4: Legal right to share information; emancipation; ...

Matt Allen — Thu, 04 Mar 2010 21:14:15 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

My ex is withholding information I think I should have a legal right to such as our child's social security number and birth certificate. How can I get this information from her?
My son lives in a different state from where our divorce was finalized and the age of emancipation is lRead More...

Confronting an Order of Protection in the Wake of a Divorce

Matt Allen — Thu, 04 Mar 2010 05:00:00 +0100

By Natalie Hinton

Attorney, Cordell & Cordell, P.C.

Note: This is Part 1 of a two-part series on orders of protection. Click here to read Part 2.

It has become all too common for a man to find himself in the midst of a contested divorce case faced with a spouse unwilling to agree on custody and visitation. When going through a diRead More...

DadsDivorce Live: Getting to Know Vocational Experts (Part 2)

Matt Allen — Thu, 04 Mar 2010 05:00:00 +0100

DadsDivorce Live host Dan Cuneo continues the discussion of the role of vocational experts in the family law system with Cordell & Cordell, P.C. attorney Kristin Zurek.

Cuneo and Zurek talk about the role of vocational experts and offer tips on how to deal with dueling vocational experts. It is important to understand the role of the vocational expert in your case in order to move smoothly through the family law system.

This is the second part of the vocational expert epiRead More...

Ask a Divorce Lawyer topics for March 3: Mutual agreements on child support; paying for medical ...

Matt Allen — Wed, 03 Mar 2010 20:42:21 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

If we've come to an agreement on our own of no child support, will a judge force her to take support from me because I earn more?
Do I have the legal right to drop my wife from my medical insurance as long as I give her 30 days notice?
During the divorce process my kids hate leavRead More...

Common Questions on Divorce and Taxes

Matt Allen — Wed, 03 Mar 2010 05:00:00 +0100

By Corrine Bylund

When you are divorced, or in the process of divorce, your filing status and your deductions aren’t as sure as death and taxes.

In this article, we'll address the three most common questions facing divorced, or divorcing, couples when it comes to taxes:

What is my filing status?
Who gets to claim the children as dependents?
Is child support tax deductRead More...

Money Made Easy: How to Save

Matt Allen — Wed, 03 Mar 2010 05:00:00 +0100

Dan Danford, host of Money Made Easy, tackles a viewer's question about the best ways to save money when you're making little money.

Danford, MBA, CRSP of Family Investment Center, uses his own 30 years of experience as a small business owner and financial advisor to offer advice on how you can save money on top of what you're already spending on child support, alimony, bills, 401(k) contributions, etc. Don't let the financial burdens associated with a divorce keep you fRead More...

Ask a Divorce Lawyer topics for March 2: Safety of children; marital property division; ...

Matt Allen — Tue, 02 Mar 2010 20:55:11 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

My ex-wife has had social services called on her for neglect. What steps do I need to take to get custody of my kids?
Can my wife keep marital property and assets from while we're going through a divorce?
How do I go about a forced sale of marital property?
Even in no-fault states Read More...

Unemployed and Broke: How Can I Lower My Child Support?

Matt Allen — Tue, 02 Mar 2010 05:00:00 +0100

By Molly Murphy

Attorney

Cordell & Cordell, P.C., Jefferson City, Mo., office

As we all know, the economy has been in a slump. Many people have lost their jobs or seen their paycheck and hours cut. Every client or potential client I meet with asks how much child support might be.

Most clients are horrified at how high child support can beRead More...

Ask a Divorce Lawyer topics for March 1: Debt and marital property; bankruptcy; mutual ...

Matt Allen — Mon, 01 Mar 2010 21:00:00 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

If she gets an equity loan on her gifted property, will that debt also be my debt in divorce?
Do I and my ex wife have to file bankruptcy together or apart?
In order to keep the house, can we settle on a child support payment amount that is less than the Friend of Court would detRead More...

Stepping Up Fitness: Core Exercises (Level 2)

Matt Allen — Mon, 01 Mar 2010 05:00:00 +0100

This is the second in a series of fitness videos called "Stepping Up Fitness." DadsDivorce.com has partnered with Lionheart Fitness & Performance to bring you workout videos that will help you stay fit.

In this segment, Mike Aiello, owner/fitness manager of Lionheart, walks you through additional core exercises to the ones demonstrated in Part 1 of this video. (Click here to watch.) Lionheart is currently training a 2012 Summer Olympics hopeful.

On the first of each month, Read More...

Ask A Divorce Lawyer: Do grandparents have any rights to see their grandchildren following a ...

pmcmahon — Sun, 28 Feb 2010 05:00:00 +0100

Question:

My son has two children with his ex-girlfriend, and they have been separated for more than 3 years. My son technically has joint custody of the kids, but he never sees them. His ex-girlfriend bars me from seeing my grandkids when I visit the city they live in; I travel there every year to see my family who also lives in the area. She has told the kids that I’m deadRead More...

Ask A Divorce Lawyer: If I emancipate my daughter, am I still responsible for her college expenses?

pmcmahon — Sun, 28 Feb 2010 05:00:00 +0100

Question:

My daughter is in a state college and I am paying one-third of her tuition and off-campus living expenses, in addition to my child support order. She is 20 years old and not progressing academically in this school towards her goal of going to nursing school. So I want her to switch to a community college since she is retaking classes until she gets a better GPA. I'm lookRead More...

Ask A Divorce Lawyer: Do child support calculations take into account monthly pensions?

pmcmahon — Sun, 28 Feb 2010 05:00:00 +0100

Question:

I have the option of taking a lump sum payout from my employer or a monthly pension when I retire. I assume that if I took a monthly pension, child support payments would be based on that payout plan. But if I take a lump sum buyout, what criteria does the court use to determine future child support payments?

Answer:

I muRead More...

Ask A Divorce Lawyer: What is the time frame of a temporary divorce order?

pmcmahon — Sun, 28 Feb 2010 05:00:00 +0100

Question:

How long is a temporary divorce order by the court before it becomes final?

Answer:

I must preface my answer that I do not practice in Georgia. However, Cordell & Cordell has many attorneys licensed and located in Georgia who would be happy to help you. Each state has different laws gRead More...

Ask A Divorce Lawyer: Can we get an adoption overturned?

pmcmahon — Sun, 28 Feb 2010 05:00:00 +0100

Question:

My husband was married before and adopted his ex-wife’s son. Now the son wants nothing to do with him. Can we have the adoption overturned?

Answer:

I must preface my answer that I do not practice in Pennsylvania. However, Cordell & Cordell has many attorneys licensed and located in Pennsylvania who would bRead More...

Ask A Divorce Lawyer: Can phone records be brought into a divorce case to prove affairs?

pmcmahon — Sat, 27 Feb 2010 05:00:00 +0100

Question:

I have phone records proving my wife has been having an affair for some time. First, can phone records be brought into a divorce case? And does an affair by the other party make any difference in a divorce in terms of custody or potential alimony payments?

Answer:

I must preface mRead More...

Ask A Divorce Lawyer: Can she use her boyfriends expenses to avoid paying her child support?

pmcmahon — Sat, 27 Feb 2010 05:00:00 +0100

Question:

Within a week of separation, my wife moved in with her boyfriend and his son. She is using his expenses on her financial declaration to avoid paying the actual amount of child support that she will be required to pay. Does she have to show proof of her expenses? She does not have anything in her name, and actually has no expenses other than the normal, i.e. food, clothinRead More...

Ask A Divorce Lawyer: Are funds from the GI Bill taken for child support?

pmcmahon — Sat, 27 Feb 2010 05:00:00 +0100

Question:

I am a military dad paying child support and about to go back to school thanks to funds made available by the GI bill from the federal government. Will child support come out of those funds? As part of the GI bill, I will also receive a basic allowance for housing. Can they take child support from that housing allowance?

Answer:

I mustRead More...

Ask A Divorce Lawyer: What visitation rights and financial burdens can we expect from a divorce?

pmcmahon — Sat, 27 Feb 2010 05:00:00 +0100

Question:

My brother-in-law is stuck in an abusive marriage. He has been verbally and physically abused for about 13 years. In secret he has told me that he is afraid of leaving his wife because he doesn't know what steps to take or the consequences this move would have on his rights to see his kids and on the financial burden it would have on him. As strange as this may souRead More...

Ask A Divorce Lawyer: Are dental and vision automatically included in the term "medical"?

pmcmahon — Sat, 27 Feb 2010 05:00:00 +0100

Question:

When a decree discusses only “medical” and “unreimbursed medical” does that automatically include dental/vision? Or would dental/vision be considered separate issues?

Answer:

I must preface my answer that I do not practice in Iowa. Each state has different laws governing dissolution of marriaRead More...

Ask a Divorce Lawyer: Can my biological daughter's adopted parents keep me from seeing her once ...

Matt Allen — Fri, 26 Feb 2010 15:50:22 +0100

Question:

About 10 years ago I gave my daughter up for "open adoption" in surrogate court but also won visitation rights. We barely had any contact until we reunited last week. It is going great, but my daughter's parents are very unreasonable and have threatened me to stay away from my daughter even though she is 18.

She lives with them, but she is legally an aduRead More...

Deserved Apology or Dangerous Admission?: The Secret Cost to Saying "I'm Sorry" (Part 2)

Matt Allen — Fri, 26 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 2 of a two-part series on the secret cost of saying "I'm sorry." Click here to read Part 1.

Another public personality, shame-faced and sullen, said “I’m sorry” to an angrily silent room, his endorsers and busy cameras this past week. Whether you lRead More...

Ask a Divorce Lawyer topics for Feb. 25: Notification of moving states; Paying child support

Matt Allen — Thu, 25 Feb 2010 21:12:07 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

The mother of my child gave me 60 days notice she was moving out of state with our daughter but moved before the 60 days were up? What can I do?
Can I pay my child support directly to my daughter?

DadsDivorce Live: Getting to Know Vocational Experts (Part 1)

Matt Allen — Thu, 25 Feb 2010 05:00:00 +0100

DadsDivorce Live host Dan Cuneo discusses the role of vocational experts in the family law system with Cordell & Cordell, P.C. attorney Kristin Zurek.

It is important to understand the role of the vocational expert in your case in order to move smoothly through the family law system. Vocational experts can be used to impute income, judge whether one party is underemployed, and help determine the amount, if any, of spousal support.

This is the second episode in our "GettiRead More...

Deserved Apology or Dangerous Admission?: The Secret Cost to Saying "I'm Sorry"

Matt Allen — Thu, 25 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 1 of a two-part series on the secret cost of saying "I'm sorry." Click here to read Part 2.

Another public personality, shame-faced and sullen, said “I’m sorry” to an angrily silent room, his endorsers and busy cameras this past week. Whether you Read More...

Ask a Divorce Lawyer topics for Feb. 24: Freezing assets; retirement payments; Claiming ...

Matt Allen — Wed, 24 Feb 2010 21:16:01 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Isn't a judge the only one with the power to mandate someone to freeze assets, not my ex's attorney?
My ex wife did not ask for or get part of my retirement at the time of our divorce. Can she still try and get a part of it now?
My girlfriend and I had a daughter in October. Who haRead More...

Active Military Members and Divorce: Common Questions About Your Rights (Part 2)

Matt Allen — Wed, 24 Feb 2010 05:00:00 +0100

By Nancy Shannon

Attorney, Cordell & Cordell P.C., Omaha, Neb., office

Note: This is Part 2 of a 2-part series on active military members and common questions about their rights. Click here to read Part 1.

Active members of the United State’s Armed Forces may be able to seek protection from civil actions under the Servicemembers Civil Relief Act of 20Read More...

Ask a Divorce Lawyer topics for Feb. 23: Home ownership in a divorce; restraining orders and ...

Matt Allen — Tue, 23 Feb 2010 21:48:15 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Questions about a mutually-owned home during a divorce
My ex wife got a restraining order against me so I can't even go to our church. What can I do?
I was awarded my 401(k) and pension in our decree.My has threatened to take me back to court to get half of it. Can she do this?
I'Read More...

DadsDivorce In the Studio: February 23

Matt Allen — Tue, 23 Feb 2010 20:55:24 +0100

DadsDivorce.com editor Matt Allen shares what's new on the site this week.

Active Military Members and Divorce: Common Questions About Your Rights

Matt Allen — Tue, 23 Feb 2010 05:00:00 +0100

By Nancy Shannon

Attorney, Cordell & Cordell P.C., Omaha, Neb., office

Note: This is Part 1 of a 2-part series on active military members and common questions about their rights. Click here to read Part 2.

Active members of the United State’s Armed Forces may be able to seek protection from civil actions under the Servicemembers Civil Relief Act of 20Read More...

Ask a Divorce Lawyer topics for Feb. 22: Modification to child support, maintenance

Matt Allen — Mon, 22 Feb 2010 21:52:40 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Three of my four sons are now out of the house. Can get the order changed to pay only child support to my one son and no more maintenance?

QuestioRead More...

Joseph Cordell Discusses Tiger's Divorce on The Wall Street Journal This Morning

pmcmahon — Mon, 22 Feb 2010 20:16:07 +0100

What could Elin Nordegren get in a potential divorce settlement with her husband, Tiger Woods? This morning Cordell & Cordell, P.C. Principal Partner, Joseph Cordell, spoke to Gordon Deal, host of The Wall Street Journal This Morning.

The firm's CEO offered insightful commentary on such elements of the high-profile divorce as to the Read More...

Grammy winner Marty Raybon talks divorce, new single "Daddy Phone"

Matt Allen — Mon, 22 Feb 2010 05:00:00 +0100

Grammy-winning country music artist Marty Raybon has a new single out called “Daddy Phone,” a song detailing the emotions behind the post-divorce separation of a child from his father.

“This song lets the child know that dad’s persistence to making sure we have a life together is not going to be forfeited because we’re miles apart,” Raybon told DadsDiRead More...

Ask A Divorce Lawyer: How can she get a judgment against me when I was not notified?

pmcmahon — Sun, 21 Feb 2010 05:00:00 +0100

Question:

My ex wife filed for a divorce in a county neither of us lived in at the time. Without being properly served, I was just notified that her attorney got a judgment for a property settlement of $7,500. How can they do this without me knowing, and how can they do this when she already got most of our assets? Also, is filing for a divorce in a county that neither of us were Read More...

Ask A Divorce Lawyer: What rights do I have to inherited property?

pmcmahon — Sun, 21 Feb 2010 05:00:00 +0100

Question:

My wife and I have been married for 17 years, but we have now been separated, though not legally, for three years. During this time, I’ve paid all bills, tuition and support, and been able to see my kids every weekend since. My wife recently inherited a home from a deceased grandfather and now lives there. Do I have any legal rights in regards to this property sincRead More...

Ask A Divorce Lawyer: Do we need a lawyer, or can we do a pro se divorce?

pmcmahon — Sun, 21 Feb 2010 05:00:00 +0100

Question:

We have been married for 19 years with a 16-year-old son, but we’d like to get a clean divorce. Can we do a pro se divorce or do we need a lawyer because of potential complications with our child? Also, I understand that nothing happens within the first 90 days after filing. So I’m wondering if I can file the first form and then get a lawyer if later needed dRead More...

Ask A Divorce Lawyer: Can she claim both kids on her taxes?

pmcmahon — Sun, 21 Feb 2010 05:00:00 +0100

Question:

I got divorced about 3 years ago. Both of us have remarried. She got sole custody of our kids with me paying 100% of their support, health insurance and co-pays. Now she is saying she has the right to claim both kids on their taxes and I don’t. Is this true?

Answer:

I must inform you that I am not licensed to practice in KentuckyRead More...

Ask A Divorce Lawyer: Can my support payments be modified when she starts receiving Social Security?

pmcmahon — Sun, 21 Feb 2010 05:00:00 +0100

Question:

I am 63 and have been providing monthly spousal support for my ex-wife, who is 62, for the past 18 years. We were married for 22 years. Our children are all grown and she has a college degree. The agreement did not have an end date and my income has decreased significantly since the original agreement date but the spousal support amount has remained the same. I'm having Read More...

Ask A Divorce Lawyer: Can she take him back to court when the house goes into foreclosure?

pmcmahon — Sun, 21 Feb 2010 05:00:00 +0100

Question:

My boyfriend's business has completely gone under because of the economy. He is now facing foreclosure. He tried refinancing and loan modification and has been denied. He also has the house up for sale. In his divorce decree he was ordered to remove his ex-wife's name from the mortgage. Can she take him back to court if the house goes into foreclosure?

Ask A Divorce Lawyer: Can my ex file a motion to reduce her child support obligation?

pmcmahon — Sat, 20 Feb 2010 05:00:00 +0100

Question:

My ex has filed a motion to reduce her child support obligation. The child support order is only 9 months old as is the divorce decree. Is it true that she just has to prove it to be in the best interest of the child as stated in the Kansas statutes?

Answer:

I must inform you that I am not licensed to practice in Kansas. Read More...

Ask A Divorce Lawyer: How can I get my children brought back?

pmcmahon — Sat, 20 Feb 2010 05:00:00 +0100

Question:

My wife of 10 years left last week with our two daughters out of state. She said she does not want a divorce but said she is never returning to Arizona. I have called and e-mailed numerous times and she will not respond.

How do I file to have the children brought back to Arizona? One child is missing school. Do I have to file for separation first then a temporary Read More...

Ask A Divorce Lawyer: Is there a time line on signing divorce papers?

pmcmahon — Sat, 20 Feb 2010 05:00:00 +0100

Question:

When you’re served with divorce papers, is there a time line for when you must sign and return them?

Answer:

I must inform you that I am not licensed to practice in Pennsylvania. However, Cordell & Cordell has many attorneys licensed and located in Pennsylvania who would be happy to heRead More...

Ask A Divorce Lawyer: Is child support decided by a formula?

pmcmahon — Sat, 20 Feb 2010 05:00:00 +0100

Question:

My lawyer, who I’m not sure I trust, says that there are only three factors that decide child support: my income, her income and overnights. He says it's a formula and there's nothing else the judge can do. Is he correct or do I need to prepare for something different?

Answer:

Ask A Divorce Lawyer: Can she file a motion to keep me from leaving the state?

pmcmahon — Sat, 20 Feb 2010 05:00:00 +0100

Question:

My wife and I have been married for 10 years. We have two boys, 3 and 5 years old. We moved to Hawaii 4 months ago with the intention of staying here no longer than 1-2 years because we had heard of how horrible the school system is here. After getting over here, she wants to stay forever. I absolutely do not want that and am planning on moving back to Oregon. She recentRead More...

Ask a Divorce Lawyer topics for Feb. 19: Regaining parental rights; Modification to parenting ...

Matt Allen — Fri, 19 Feb 2010 20:42:23 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

How do I regain my parental rights?
My ex is not fulfilling her agreed upon parenting time at all. Can I file a motion to have custody and child support changed?
Can she use my child support to make house payments?
During our divorce, my wife and I are living in the same house. Read More...

Ask a Divorce Lawyer topics for Feb. 18: Living arrangements; excess filing; decree and ...

Matt Allen — Thu, 18 Feb 2010 21:50:46 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Do I have any say in my wife's and children's living arrangements while we're going through a divorce?
How can I keep my ex from repeatedly filing motions because she doesn't like the outcome?
Our decree says we have to meet halfway to exchange the children, but both of us have sinRead More...

DadsDivorce Live: Evidence and divorce with Andy Williams

Matt Allen — Thu, 18 Feb 2010 05:00:00 +0100

DadsDivorce Live host Rick Ortiz talks with Andy Williams about his company EVDense Corp. and the advantages of Digital Diary.

Seattle-based EVDense provides Software-as-a-Service applications for securely creating, storing, and retrieving electronic files and documents. EVDense products include EVDense Digital Diary that allows you to create and store your electronic files and collect the evidence you need to protect yourself in a divorce.

Post-Divorce and Penniless: Are you entitled to divorced spouse social security retirement ...

Matt Allen — Wed, 17 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 2 of a three-part overview of the Social Security Act’s divorced spouse Social Security retirement benefits. Click here to read Part 1 and click here to read Part 3.

Here is an overview of the Social Security Act’s divorceRead More...

Ask a Divorce Lawyer topics for Feb. 16: Jurisdiction; judge's orders not to discuss the case; ...

Matt Allen — Tue, 16 Feb 2010 21:13:50 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Which state has jurisdiction in a divorce, the one we currently live in or the one we were married in?
Is a judge allowed to order me to not discuss the case or anything regarding the case with my son?
My wife knows my intent to retire soon. If we get divorced, can she keep me fromRead More...

Post-Divorce and Penniless: Are you entitled to divorced spouse social security retirement benefits?

Matt Allen — Tue, 16 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 1 of a three-part overview of the Social Security Act’s divorced spouse Social Security retirement benefits. Click here to read Part 2 and click here to read Part 3.

If the prospect of a penniless retirement leaves you shaking, Read More...

Ask a Divorce Lawyer topics for Feb. 15: Daycare; Verbal agreements and child support; Hague ...

Matt Allen — Mon, 15 Feb 2010 21:35:13 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

My wife won't tell me where our daughter goes to daycare. Can the court force her to tell me?
Does our verbal agreement to modify child support have any standing in court?
Can I force my child to come back to my state and live with me?
How should I deal with with a Hague ConveRead More...

Life After Her: Online Dating (Part 2)

Matt Allen — Mon, 15 Feb 2010 05:00:00 +0100

By Contel Bradford

Note: This is Part 2 of two-part series on tips for online dating after divorce. Click here to read Part 1.

Many divorced dads are hesitant about jumping back into the dating scene. After all, most of them, especially those with full custody, are more concerned with caring for their children, making a living and simply putting the past behindRead More...

Life After Her: Online Dating

Matt Allen — Sun, 14 Feb 2010 05:00:00 +0100

By Contel Bradford

Note: This is Part 1 of two-part series on tips for online dating after divorce. Click here to read Part 2.

Ask a Divorce Lawyer topics for Feb. 12: Appearing at hearings; military benefits and divorce; ...

Matt Allen — Fri, 12 Feb 2010 21:29:32 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Do I have to appear for a show cause hearing?
Do military spouses receive benefits? Can you get a divorce while overseas?
Will the court will impute my former income amount to me even though I'm no longer earning that amount?

Deciding to end a marriage: Should I file first?

Matt Allen — Thu, 11 Feb 2010 05:00:00 +0100

The decision to end a marriage is one of the hardest decisions you’ll ever have to make. It will change your life, your spouse’s life, and your family’s life.

That decision is usually followed up with the inevitable question: Should I be the first one to file?

Kristin Zurek, an attorney with national family law firm Cordell &amRead More...

Ask a Divorce Lawyer topics for Feb. 10: Child support and unemployment; paternity and child ...

Matt Allen — Wed, 10 Feb 2010 21:00:00 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

I'm currently unemployed but will start a job soon. Is my child support determined by my current unemployed status or by my pending future salary?
My ex came after me for child support for a child that is 14 years old and I’m not sure is mine. What can I do?
Is it tRead More...

Money Made Easy: Saving for College

Matt Allen — Wed, 10 Feb 2010 05:00:00 +0100

Dan Danford, host of Money Made Easy, teaches us how to save for college tuition for newborns.

Danford, MBA, CRSP of Family Investment Center, uses his own 30 years of experience as a small business owner and financial advisor to offer tips on how you'll be able to send your kids to college even with limited resources.

Creative solutions for common divorce dilemmas (Part 3)

Matt Allen — Wed, 10 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 3 of a three-part series on common divorce dilemmas. Click here to read Part 1 and click here to read Part 2.

In the second part of our series on dealing with common divorce problems, we'll look at some creative solutions for:

How will I know my kids are sRead More...

DadsStory: Easy Kid-Friendly Recipes

Tue, 09 Feb 2010 19:05:29 +0100

Here are some great kid-friendly recipes that are also easy to make. It’s also easy to get your kids involved while you make these unusual items. Try making Taco Meatloaf or Potato Chip Chicken when your kid has friends over, or prepare some Fried Rice or Chicken in a Blanket for yourself when your kid is gone!

Ask a Divorce Lawyer topics for Feb. 9: Moving out during a divorce; back child support and ...

Matt Allen — Tue, 09 Feb 2010 05:00:00 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Can my wife move out and take our kids with her if we're going through a divorce?
If my ex wife and I get remarried, and she owes back child support to me, can we get the amount reduced or voided completely?
Can my parental rights be terminated without my permission?
Can my ex contRead More...

Creative solutions for common divorce dilemmas (Part 2)

Matt Allen — Tue, 09 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 2 of a three-part series on common divorce dilemmas. Click here to read Part 1 and click here to read Part 3.

In the second part of our series on dealing with common divorce problems, we'll look at some creative solutions for:

What do we do with the timeshRead More...

Ask a Divorce Lawyer topics for Feb. 8: When child support ends; out-of-state visitations; ...

Matt Allen — Mon, 08 Feb 2010 21:00:00 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

My daughter will turn 18 in a few days and will graduate from high school in May. When should I petition the court to discontinue child support?
Should I require that my ex come back to the state our divorce is in and get a modification to include out-of-state visitations?
Can my pRead More...

Creative solutions for common divorce dilemmas

Matt Allen — Mon, 08 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 1 of a three-part series on common divorce dilemmas. Click here to read Part 2 and click here to read Part 3.

Are you fighting over the house? Or your kids? Or even who gets to keep the pets?

You may not have a cat custody battle in your divorce, but setRead More...

Ask a Divorce Lawyer: Can my ex move states with our daughter because her new husband is going ...

Matt Allen — Sun, 07 Feb 2010 05:00:00 +0100

Question: My ex wife and I have joint legal custody of our 8-year-old daughter, but she is the custodial parent. Last year my ex re-married someone who is in the Army. They just had their own child one month ago.

When my ex was pregnant, she quit her job and soon after her new husband was laid off of work. He now wants to go to school through the reserves to becomeRead More...

Ask a Divorce Lawyer: Am I eligible for support payments if I'm disabled living off government ...

Matt Allen — Sun, 07 Feb 2010 05:00:00 +0100

Question: I have been married for 25 years. I am now considered 100% disabled and am living on a small SSI check, about $300 per month.

If I divorce, will I be eligible for support payments and such?

Answer:

Spousal support eligibility is a “facts, facts, facts” issue – that is, there is no rule for mandatory support, and eRead More...

Ask a Divorce Lawyer: How can I get a judge to reconsider a protection order?

Matt Allen — Sun, 07 Feb 2010 05:00:00 +0100

Question: My question is what court document needs to be filed for a judge to reconsider a PFA (Protection from Abuse)?

I have two daughters and my wife lied and obtained a PFA. Children and Youth Services did an investigation and found the allegations against me to be false/unfounded.

Answer:

The specific language for the standards to issueRead More...

Ask a Divorce Lawyer: Can I relinquish a decision I signed off on in the court order?

Matt Allen — Sun, 07 Feb 2010 05:00:00 +0100

Question: I got an uncontested divorce. As part of the decree I elected to give up a portion of my military retire pay. Can I relinquish that decision?

Answer:

Court-entered settlement agreements are difficult to change because they are both court orders and contracts. When worded correctly, parties to them may even enforce them under judgment law Read More...

Ask a Divorce Lawyer: Our decree says my ex cannot get any money from my pension, but now she's ...

Matt Allen — Sun, 07 Feb 2010 05:00:00 +0100

Question: My ex wife and I have been divorced for 15 years. In the original divorce decree, she signed off on not getting any money from my pension.

Recently she filed a QDRO (Qualified Domestic Relations Order). Can she get anything after signing not to?

Answer:

The federal Employee Retirement Income Security Act (ERISA) of 1974, as amendedRead More...

Ask a Lawyer: Attorney in Texas

Dads Divorce — Sun, 07 Feb 2010 05:00:00 +0100

Question: I have been out of the house for 3 months. I signed temp orders so I could see my kids. My wife refuses to let me have my belongings and access to personal finance files. She filed and we lived together for 7 months before I found out. My attorney states that we have to wait until it is final to get my things. Is this the way it is in Texas? What happens if I change lawyers?Answer: I am not licensed in Texas. I doubt changing lawyers will change the law. You may seek an order allowing Read More...

Ask a Lawyer: Alimony & child support payments more than I make

Dads Divorce — Sun, 07 Feb 2010 05:00:00 +0100

Question: Can a judge set the alimony & child support payments to be in excess of my salary? I am gainfully employed, with a good job, but I don't make this much money. What can I do?Answer: I am not licensed in Alabama. I recommend you consult an attorney in your state. Normally there is a cap on support of 50-60% of your income. Did your income recently decrease? It is possible your support was based on your past income or the income the court believes you should be making.

Ask a Lawyer: Do you have to pay if they will not visit?

Dads Divorce — Sun, 07 Feb 2010 05:00:00 +0100

Question: My new husband has 3 children with his ex wife. The divorce papers state we get the children every other weekend when he is in from work. One of his children will not come and has not come to our house in 9 weeks. His son said we do not spend enough money on him so he won't come and he wants his step father to adopt him. If he will not come do we still have to pay child support for him? If the child wants his step father to adopt him and my husband agrees to it do we still have to pay Read More...

Ask a Divorce Lawyer: She's selling all his assets while he's overseas. How can we stop this?

Matt Allen — Sat, 06 Feb 2010 05:00:00 +0100

Question: My son is living in Korea until the summer of 2010. He got married one year ago in Georgia, where his military base is.

How can he get a legal separation while overseas?

She has sold all of his belongings, drained his accounts, took the car and broke a lease. He is willing to pay his debts but he needs to stop this before it gets any worse.

Ask a Divorce Lawyer: My attorney only hurt me in my case. What can be done?

Matt Allen — Sat, 06 Feb 2010 05:00:00 +0100

Question: I live over 100 miles away and have to provide my wife 14 days notice prior to picking up my children on the day of my choosing. At first she was forthcoming with the kids, meeting me 2-3 times per month for the first six to nine months. Things have gotten bad lately though and I haven’t seen my children in over 2 months.

I am broke and my attorney has wRead More...

Ask a Divorce Lawyer: How do I file an appeal over a custody award since my ex was telling ...

Matt Allen — Sat, 06 Feb 2010 05:00:00 +0100

Question: Recently, custody was awarded to my wife. I was not present at the hearing due to the fact I was unaware of the date.

After reviewing the courts facts of the case, I know she and her attorney were making tons of false statements, including the biggest lie about not having a boyfriend when in fact she not only has a boyfriend, but the guy is living with her andRead More...

Ask a Divorce Lawyer: What is the court’s general feeling about splitting children up?

Matt Allen — Sat, 06 Feb 2010 05:00:00 +0100

Question: My 14-year-old son wants to move from Missouri to Arizona where I now live. His mother, my ex, agrees that it would be best since the two of them do not get along.

However, I also have a 7-year-old son with my ex who wants to stay with his mom.

What is the court’s general feeling about splitting the two kids up? If I am only to take the one Read More...

Ask a Divorce Lawyer: Which do you recommend mediation or a bench trial?

Matt Allen — Sat, 06 Feb 2010 05:00:00 +0100

Question: I filed for divorce in Tennessee after my wife of 22 years left the state and left our two daughters ages 17 and 19 with me. She has paid nothing at all and has lived in our foreclosing vacation home in Colorado.

I filed for divorce 6 months ago in Tennessee but she ignored the certified mail I sent her. Then she counterfiles against me! All she wants is my moRead More...

Ask a Divorce Lawyer: What can I do since I don't know where my adult child is but I need proof ...

Matt Allen — Sat, 06 Feb 2010 05:00:00 +0100

Question: I have an 18-year-old daughter from a previous marriage. I filed for the emancipation and was rejected at present moment because the court asked for the proof that my daughter is out of school, lives on her own, etc., and I need to provide them with that information to be able to terminate child support.

But I haven’t seen my daughter in over 17 years, aRead More...

Ask a Divorce Lawyer: Do I have any chance of obtaining custody while I am stationed overseas?

Matt Allen — Sat, 06 Feb 2010 05:00:00 +0100

Question: I am in the military and currently deployed in Afghanistan. When this tour is over, I will be sent to Japan.

My wife is in Oklahoma with my two children ages 6 and 2 and I’d like to get a divorce.

Do I have any chance of obtaining custody while I am stationed overseas?

Answer:

So long as you are overseas, iRead More...

Joseph Cordell interviewed by Time magazine on divorcing while dying

Matt Allen — Fri, 05 Feb 2010 16:42:57 +0100

Divorcing while facing death has made headlines recently (see Dennis Hopper; John and Elizabeth Edwards) and is now the subject of a Time magazine article that quotes Joseph Cordell, Principal Partner of Cordell & Cordell, P.C.

The article says deathbed divorce is not as uncommon as one may think, and asks the question, “Why would anRead More...

DadsStory: Better Baked Chicken

pmcmahon — Fri, 05 Feb 2010 14:19:25 +0100

Submitted by: Matt

The cold of winter keeps us away from the outdoor grill for the most part. When warmer weather hits, we all rush outdoors and immediately light up those grills. We all want to re-experience that beloved smoky and slightly singed taste that signals warmer weather has finally arrived.

But what if I told you that you could somewhat simulate that taste thRead More...

DadsDivorce In the Studio: February 5

Matt Allen — Fri, 05 Feb 2010 05:00:00 +0100

DadsDivorce.com editor Matt Allen shares what's new on DadsDivorce this week.

Finances & Divorce: Lifestyle Analysis - Alimony and Child Support

Matt Allen — Fri, 05 Feb 2010 05:00:00 +0100

By JoAnne C. Holt

Certified divorce financial analyst

What is a “lifestyle analysis” and why would you need one? This analysis is normally helpful in preparing your financial affidavit as well as providing very important information to your attorney.

Additionally, if one spouse has had a greater earning capacitRead More...

Ask a Divorce Lawyer: Is there an advantage to submitting an order first?

Matt Allen — Fri, 05 Feb 2010 05:00:00 +0100

Question: My wife has been staying at her mom’s house for the last week now.

I learned today that she is planning on filing a Restraining Order/Order of Protection against me first thing Monday all because I started asking to see our 1-year-old daughter, which she didn’t allow. This is a surprise because we have only discussed setting up counseling untRead More...

Ask a Divorce Lawyer: My wife left my son and I. ...

Matt Allen — Fri, 05 Feb 2010 05:00:00 +0100

Question: My wife left me and our 7-year-old son in November. She took her daughter, my stepdaughter, and is living with a friend now.

So can I simply go to the courthouse and file for and obtain custody of my son who has been with me 90% of the time since she left?

Is her moving out considered abandonment? And is there any way to avoid paying spousal suppoRead More...

Ask a Divorce Lawyer: My ex is blatantly ignoring our visitation agreement. What can I do?

Matt Allen — Fri, 05 Feb 2010 05:00:00 +0100

Question: My ex-wife decided that even though our custody agreement states that we change every Thursday at 9:00 am she kept our daughter until Saturday night for Thanksgiving. In our agreement her lawyer said no to breaking out the holidays and that it would just continue week on, week off.

Now my ex says that the intent was to share over holidays. She advised me by teRead More...

Ask a Divorce Lawyer topics for Feb. 4: Child support and state guidelines; Child support and ...

Matt Allen — Thu, 04 Feb 2010 19:05:33 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

If we come to our own agreement on child support, do we have to adhere to the state's guidelines?
Does going to a few GED classes mean I have to keep paying my daughter's child support? And if she moves out, do I pay support to her or her mom?
If my lawyer submits a direct appeal tRead More...

DadsDivorce Live: Military custody battles with Michael Robinson

Matt Allen — Thu, 04 Feb 2010 05:00:00 +0100

DadsDivorce Live host Rick Ortiz talks with Fathers & Families' legislative representative Michael Robinson, who worked with Mark Sullivan of the American Bar Association on federal military parent legislation.

Thanks in part to their work, the National Defense Reauthorization Act (HR 2647), which was signed by President Obama in October 2009, mandates that the Secretary of Defense produce a report on child custody litigation involving members of the Armed Forces, as welRead More...

Post-divorce mistakes and how to avoid them (Part 4)

Matt Allen — Thu, 04 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 4 of a four-part series on the top 10 mistakes made after a divorce and how to avoid them. Click here to read Part 1, click here to read Part 2, and click here to read Part 3.

In most states, once parties have negotiated and entered into a settlement agreement thatRead More...

Ask a Divorce Lawyer: My son is not graduating high school on time. ...

Matt Allen — Thu, 04 Feb 2010 05:00:00 +0100

Question: My son is 18 but will not graduate high school until he is 21. My divorce papers say I pay child support until he graduates high school at the expected age of 18 or 19.

Will I have to pay support for two more years because he didn’t graduate at 18 or 19 which our divorce papers outlined?

Answer:

Your child support obligation Read More...

Ask a Divorce Lawyer: If someone is awarded full custody of a child, does the other parent have ...

Matt Allen — Thu, 04 Feb 2010 05:00:00 +0100

Question: It may seem like an obvious question, but if someone is awarded full custody of a child, does the other parent have any visitation rights?

Answer:

He may. The answer to this question is not as obvious as it appears. The term “full custody” may seem self-explanatory, but it comes with a host of legal rights defined by the particular Read More...

Ask a Divorce Lawyer: My wife is pregnant with another man's baby, won't give me a divorce, and ...

Matt Allen — Thu, 04 Feb 2010 05:00:00 +0100

Question: I am in the Army. My wife and I have been separated for almost two years mostly due to my deployments. My wife is now pregnant with another man’s baby, who she is now living with.

Our daughter is 12 years old and wants to come live with me. But my wife is prohibiting her from coming to live with me and for some reason she won’t give me a divorRead More...

Ask a Divorce Lawyer: I'm afraid my depressed wife might be of harm to herself and my kids. ...

Matt Allen — Thu, 04 Feb 2010 05:00:00 +0100

Question: I am 36 and have been married for 18 years. We have three children ages ranging from 10 to 15. My wife was diagnosed with depression after twice she contemplated suicide 5 or 6 years ago. She was on medication for a year then took herself off the meds.

If I file for divorce, I am afraid for my kids since her mood swings are so bad.

Would that be aRead More...

Ask a Divorce Lawyer topics for Feb. 3: Moving children; seeking alimony; back child support; ...

Matt Allen — Wed, 03 Feb 2010 21:36:00 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Can I move the kids to a different school district if they want to?
Can she later seek alimony if she waived her right to it in the divorce decree?
I owe more in back child support than I make in a year. What should I do?
Am I able to block my ex from getting me a DNA test toRead More...

Post-divorce mistakes and how to avoid them (Part 3)

Matt Allen — Wed, 03 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 3 of a four-part series on the top 10 mistakes made after a divorce and how to avoid them. Click here to read Part 1, click here to read Part 2 and click here to read Part 4.

In most states, once parties have negotiated and entered into a settlement agreement that Read More...

Ask a Divorce Lawyer: I already pay support so why should I spend extra money on necessities ...

Matt Allen — Wed, 03 Feb 2010 05:00:00 +0100

Question: I pay child support on a weekly basis. I get my son twice during the week and every other weekend.

I have asked my ex to allow my son to leave two pairs of pants and two shirts at my house because he doesn’t always remember to pack a bag or he needs a change of clothes for my house when he plays hard outside, etc. She tells me if I want clothes to bRead More...

Ask a Divorce Lawyer: I cannot get our home refinanced in order to release my ex-wife from ...

Matt Allen — Wed, 03 Feb 2010 05:00:00 +0100

Question: In the divorce settlement it was agreed that I would refinance our former home and release my ex-wife from liability. But in today's housing market, I cannot get a bank to refinance.

So are there other ways to get her name off the loan? And what are the consequences if I cannot get her name off the loan; what can the court force me to do?

Ask a Divorce Lawyer: Can we get split custodial arrangements for our kids so that we can move ...

Matt Allen — Wed, 03 Feb 2010 05:00:00 +0100

Question: We live in Texas. We have joint shared custody of my two teen stepkids. We are looking into the possibilities of moving out of state, but there is a section in the court order that we have to live in a certain county.

One child wants to move with us, one does not. What chances are there to get full custody of the one and then move out of state, and have the oRead More...

Ask a Lawyer: can we keep custody after a teporaryoder being granted

Dads Divorce — Wed, 03 Feb 2010 05:00:00 +0100

Question:
I have received temporary custody of my daughter due to her mother having a motor vehicle accident. How can I make sure I get and keep full custody. My ex-wife has put my family and my other children through hell for two years with false allegations and we were due to go back to court this week but due to the accident I was granted temporary custody and the judge after taking to all lawyers and counselors involved through all the restrictions out the window. What does this mean for usRead More...

Ask a Divorce Lawyer topics for Feb. 2: Overpayment of child support; remarriage and taxes; ...

Matt Allen — Tue, 02 Feb 2010 21:55:07 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

How do I get back overpayments of child support?
Do child support obligations include medical and daycare expenses?
Can my ex wife's new husband claim our son on his taxes?
Can back child support that accrues ever be dismissed?
Can I refuse to sign a separation agreement?
How Read More...

Money Made Easy: Finances & Your Fiancee

Matt Allen — Tue, 02 Feb 2010 05:00:00 +0100

Dan Danford, host of Money Made Easy, tackles a viewer's question about how to smoothly integrate two people's finances.

Danford, MBA, CRSP of Family Investment Center, uses his own 30 years of experience as a small business owner and financial advisor to offer tips on the tricky situation of managing finances and combining accounts in a new marriage.

Post-divorce mistakes and how to avoid them (Part 2)

Matt Allen — Tue, 02 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 2 of a four-part series on the top 10 mistakes made after a divorce and how to avoid them. Click here to read Part 1, click here to read Part 3 and click here to read Part 4.

In most states, once parties have negotiated and entered into a settlement agreement that Read More...

Ask a Divorce Lawyer: Can I divorce my wife if we live in separate states?

Matt Allen — Tue, 02 Feb 2010 05:00:00 +0100

Question: I have lived in New Mexico full time since 2007 and am a legal resident in this state.

I’m still legally married to my wife, but she lives in California and cannot leave the state due to her felony probation terms.

Can I divorce her while I live in New Mexico and she’s in California?

A few details: I’m no longer conRead More...

Ask a Divorce Lawyer: If a child wants to live with her dad and not her mom as court-ordered, ...

Matt Allen — Tue, 02 Feb 2010 05:00:00 +0100

Question: My friend is 16 years old and she no longer can stand going to her mothers. Her mom and stepfather take her for a majority of the time, and her father, who she wants to live with, only gets her every other weekend and half the holidays.

The mom’s family is moving to another state in March and have told her she has to come with them.

Is there anywRead More...

Ask a Divorce Lawyer: If my ex is giving up custody rights, will those rights default to me?

Matt Allen — Tue, 02 Feb 2010 05:00:00 +0100

Question: My ex and I went through a divorce that was finalized in 2007.

I got a letter in the mail last week saying that my ex's parents want to adopt my daughter. This means that my ex is giving up custody rights so does that mean that the rights default to me?

I haven’t even been able to see my daughter because she lives far away and I can’tRead More...

Ask a Divorce Lawyer topics for Feb. 1: Mortgage payments; taxes and dependents; jurisdiction ...

Matt Allen — Mon, 01 Feb 2010 21:15:40 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

My ex has quit making payments on the mortgage of my house. What can I do?
My taxes were rejected because my ex claimed both of our daughters, against our decree. So what do I do?
If my child support is terminated in one state, can my ex file for more support in the new state Read More...

Post-divorce mistakes and how to avoid them

Matt Allen — Mon, 01 Feb 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 1 of a four-part series on the top 10 mistakes made after a divorce and how to avoid them. Click here to read Part 2, click here to read Part 3 and click here to read Part 4.

In most states, once parties have negotiated and entered into a settlement agreement that Read More...

Stepping Up Fitness: Core Exercises (Level 1)

Matt Allen — Mon, 01 Feb 2010 05:00:00 +0100

This is the first in a series of fitness videos called "Stepping Up Fitness." DadsDivorce.com has partnered with Lionheart Fitness & Performance to bring you workout videos that will help you stay fit. On the 1st of each month, we'll post a new fitness video to help you get in better shape.

How do prior criminal records play into custody decisions?
What rights do I have if my name is not on the birth certificate?

Cordell & Cordell presents: Free divorce seminar in Detroit

Matt Allen — Fri, 29 Jan 2010 20:16:36 +0100

Cordell & Cordell, P.C., is coming to Detroit on Feb. 25 to present a free divorce seminar for men entering the divorce process.

“The 10 Stupidest Mistakes Men Make When Facing a Divorce” will provide you with all the information you need to navigate the legal system, maintain property and, most importantly, negotiate a favorable child custody agreementRead More...

The Procedural Win: What you can learn from one father's fight for custody (Part 4)

Matt Allen — Fri, 29 Jan 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 4 of a four-part overview of the Goldman international custody battle, the Hague Convention treaty and some practical lessons for your case. Click here to read Part 1, click here to read Part 2, and click here to read Part 3.

What Should You Do If You SuRead More...

Ask a Divorce Lawyer: Does the mother's income ever play a role in determining child support?

Matt Allen — Fri, 29 Jan 2010 05:00:00 +0100

Question: Does the mother's income ever play a role in how support, maintenance or medical bills are handled?

When the mother's income is exponentially larger than the father's is this ever considered?

Answer:

In general, yes. This is because the amount of each parent’s child support is usually a proportionate share of that parent&rsqRead More...

Ask a Divorce Lawyer: What are the steps in filing for child support?

Matt Allen — Fri, 29 Jan 2010 05:00:00 +0100

Question: My ex lives in Illinois and my son and I live in Kansas. My ex has not paid any child support.

I would like to file for child support. How do I do this? What are the steps in the process?

Answer:

There are several steps to take in filing for child support, the first of which is to read your divorce decree to determine what supportRead More...

Ask a Divorce Lawyer: Does losing a job qualify me for reduced support payments?

Matt Allen — Fri, 29 Jan 2010 05:00:00 +0100

Question: How do I modify (lower) my child support payments if I've been laid off from my job?

What's the process (if I don't use an attorney) and how long does it take?

Answer: I do not practice in Texas, but Cordell & Cordell has attorneys in Texas that would be willing to assist you with your issue.

Generally spRead More...

Ask a Divorce Lawyer topics for Jan. 28: New girlfriends and custody battles; over payment of ...

Matt Allen — Thu, 28 Jan 2010 21:40:41 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

Is it common to be told to end a new relationship when fighting for custody with my ex?
Do I have to pay alimony if she got pregnant with another man's baby while we were still married?
Can I recover over payments of child support?
Can I request W-2’s to prove her salary?
Is Read More...

Ask a Divorce Lawyer: I'm afraid my ex won't return our child. What can I do?

Matt Allen — Thu, 28 Jan 2010 05:00:00 +0100

Question:

My 4-year-old daughter has been living with me for the last few months since her mother recently moved out of state and is now living with her new boyfriend. We have not filed for divorce or discussed custody or anything.

After all this time not seeing her, she wants to come take my daughter for a weekend. I'm afraid that she won't bring her back.

The Procedural Win: What you can learn from one father's fight for custody (Part 3)

Matt Allen — Thu, 28 Jan 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 3 of a four-part overview of the Goldman international custody battle, the Hague Convention treaty and some practical lessons for your case. Click here to read Part 1, click here to read Part 2 and click here to read Part 4.

What Does David Goldman&rsquoRead More...

Ask a Divorce Lawyer: Can child support arrears affect my student loans?

Matt Allen — Thu, 28 Jan 2010 05:00:00 +0100

Question: Will me being behind on my child support affect my student loans for school? And what is an administrative lien?

Answer:

Being behind in child support is never good – it impairs your credit (which could impair your student loan qualifications, depending on the lender) and in some states it impairs your driver’s and professional licRead More...

Ask a Divorce Lawyer: How aggressive is enforcement of child support?

Matt Allen — Thu, 28 Jan 2010 05:00:00 +0100

Question: I pay child support to my ex-wife in Texas. I recently moved from Texas to California for a job. I am on community supervision for a contempt charge for failure to pay child support in the past.

This year, I have continued paying child support but got behind on medical reimbursement. If they revoke my community supervision, a warrant will be issuedRead More...

Ask a Divorce Lawyer topics for Jan. 27: Rights to child; Bank accounts; Alimony; Emergency ...

Matt Allen — Wed, 27 Jan 2010 21:15:08 +0100

Among the Ask a Divorce Lawyer questions answered today:

We've moved to separate states. How can I see my child more?
My wife has a bank account she hides from me. As her legal husband, do I have access to it?
My wife chooses to attend school full time and not get a job. Will she get alimony from me even though it's her choice not to work?
What steps do I take to get emergRead More...

Ask a Divorce Lawyer: Is there a residency requirement before you can file for child support?

Matt Allen — Wed, 27 Jan 2010 05:00:00 +0100

Question: Is there a residency requirement in Kentucky before someone can file for child support? I know that someone must be there for 6 months to file for divorce.

I live in Ohio, but my wife left and took the kids to Kentucky and now has filed for child support. It has only been 2 months since she left.

Answer: You are coRead More...

Ask a Divorce Lawyer: Can I be denied a passport because I owe back child support?

Matt Allen — Wed, 27 Jan 2010 05:00:00 +0100

Question: I currently owe back child support and have been current on payments for four years while a portion of it goes to arrears. I have since married a British woman who moved back to Britain for a job.

When I applied for a passport to go join her, I was told I was on a denial list by the child support agency apparently because of the back support owed.

Can tRead More...

Ask a Divorce Lawyer: What procedures do we follow in an uncontested divorce?

Matt Allen — Wed, 27 Jan 2010 05:00:00 +0100

Question: I was wondering if once we file paperwork for an agreed upon uncontested divorce, is there a hearing?

If so, does my spouse have to attend as long as she has been served and agrees to the terms and has signed stating as such?

Answer:

I encourage you to retain an attorney to help you complete your divorce. Even if the divorce is uncRead More...

The Procedural Win: What you can learn from one father's fight for custody (Part 2)

Matt Allen — Wed, 27 Jan 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 2 of a four-part overview of the Goldman international custody battle, the Hague Convention treaty and some practical lessons for your case. Click here to read Part 1, click here to read Part 3 and click here to read Part 4.

What Is The Hague ConvenRead More...

Ask a Divorce Lawyer: Can geographical restrictions and protective orders be reinstated once lifted?

Matt Allen — Wed, 27 Jan 2010 05:00:00 +0100

Question: Can a geographical restriction be reinstated if it had been lifted before the final hearing?

Also, can a protective order be reinstated as well?

In general, geographical restrictions (e.g., for changing a child’s domicile) and protective orders can be reinstated in a court’s discretion and if warranted by the factsRead More...

Ask a Divorce Lawyer: If I'm paying child support for a 21 year old, does that mean I'm paying ...

Matt Allen — Wed, 27 Jan 2010 05:00:00 +0100

Question: My daughter will be 21 in February. What steps do I need to take to get the support modified since my ex will no longer be able to get support of her?

Do I need to hire an attorney for this process or can it be handled by me through the Division of Family Services?

Answer:

That your daughter is over age 18 sRead More...

Ask a Divorce Lawyer: Can the father get custody if the grandparents were given temporary ...

Matt Allen — Wed, 27 Jan 2010 05:00:00 +0100

Question:

If temporary guardianship was given to the grandparents because the mother is unable to care for the child, can the father get custody?

Paternity has been established. The father wasn’t told he had said child until the kid was 4 years old, but the father has been in the child’s life for over 4 years now.

Ask a Divorce Lawyer: Why is my wife insisting on getting it in writing that she lives in our ...

Matt Allen — Wed, 27 Jan 2010 05:00:00 +0100

Question: My wife will not sign the divorce agreement until it is written that she has a permanent address at her home with our daughter.

What’s the advantage she’s trying to get, if any?

Answer: First let me state that I do not practice in Pennsylvania, but Cordell & Cordell has attorneys located in the state that Read More...

Ask a Divorce Lawyer: How can I prove a common law marriage to have maintenance reduced?

Matt Allen — Tue, 26 Jan 2010 18:57:28 +0100

Question: I have been divorced for a couple years and my ex is now living with another man. There are numerous indicators that they are married (both wear rings, they're renovating their home, they go on trips with my kids, I have proof of joint financial decisions, etc.) but she refuses to admit she is married so that she can continue to get me to pay maintenance.

How often iRead More...

Ask a Divorce Lawyer: What are the chances of getting custody if I'm in the military overseas?

Matt Allen — Tue, 26 Jan 2010 16:08:15 +0100

Question: My cousin is a Marine. He got married and shortly after they learned she was pregnant. He had to leave for military reasons for a few months. While he was gone she told him she had an abortion and that she wanted a divorce. A few weeks later, her new boyfriend called my cousin and said that he thought he should know that it is a boy so apparently she didn’t have an aRead More...

DadsDivorce Live: Ricardo Zamarialo, attorney for David Goldman

Matt Allen — Tue, 26 Jan 2010 16:00:00 +0100

Ricardo Zamarialo is the attorney for David Goldman, the New Jersey father who fought for years to regain custody of his son from a family in Brazil. This past Christmas Eve, David was reunited with his son, Sean, for the first time in five years thanks in part to the efforts of Zamarialo in convincing the Brazilian courts to return Sean to his rightful father.

In one of his first interviews, Zamarialo opens up to DadsDivorce about the case and international child abductions. BelRead More...

Ask a Divorce Lawyer: What do I do if my son refuses to follow the visitation order and visit me?

Matt Allen — Tue, 26 Jan 2010 15:56:10 +0100

Question: I have two sons, and the oldest refuses to follow the visitation order and come and see me. My ex wife told him if I signed off my rights to him that her new husband could adopt him, which apparently my oldest son wants to happen.

I don't want to sign off my rights to my son, but he refuses to see me. I will not be happy paying child support, medical, etc, for a cRead More...

Ask a Divorce Lawyer: Will I be able to get sole custody of my children if my ex goes to prison?

Matt Allen — Tue, 26 Jan 2010 15:08:44 +0100

Question: My ex wife, who is the custodial parent, is facing a prison sentence of at least 12 months for felony grand theft after being arrested in front of our children last year. When she was arrested, her new husband took the kids to a different city and would not tell me where they were until it was my designated visitation time (the arrangement is 60/40).

The Procedural Win: What you can learn from one father's fight for custody

Matt Allen — Tue, 26 Jan 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 1 of a four-part overview of the Hague Convention treaty and some practical lessons for your case. Click here to read Part 2, click here to read Part 3 and click here to read Part 4.

Much has been reported about David and Sean Goldman’s internRead More...

Ask a Divorce Lawyer: Why do I have to pay child support if I can't see my kids?

Matt Allen — Tue, 26 Jan 2010 05:00:00 +0100

Question: I am paying child support and medical coverage for my twins. I have to have two jobs in order to cover the costs and have some actual net income coming into my home.

The real problem is, I never get to see my kids and she is constantly moving around and going missing.

Why do I have to pay child support for kids she doesn’t even allow me to Read More...

Ask a Divorce Lawyer: Can I have my divorce jurisdiction moved post-judgment?

Matt Allen — Tue, 26 Jan 2010 05:00:00 +0100

Question: My divorce was judicated in a county that neither of us live in now.

Can I have the jurisdiction moved, and if so, what are the procedures for doing so?

Also, there are items in the divorce decree that I wish to have changed (not child support). What are the chances of this happening?

Answer:

Post-judgment motions to Read More...

Ask a Divorce Lawyer: Is my ex-wife entitled to a settlement made prior to our marriage?

Matt Allen — Tue, 26 Jan 2010 05:00:00 +0100

Question:

Years ago I lost my lower legs and my right hand. The settlement damages were awarded to me for my loss. All of this happened before I was married, and now I'm divorced.

So is my ex-wife entitled to a settlement made prior to our marriage?

Answer:

Property (in the broad sense to include personal injury sRead More...

Ask a Divorce Lawyer: Can you easily reduce the amount of child support based on the time spent ...

Matt Allen — Tue, 26 Jan 2010 05:00:00 +0100

Question: I pay over $1,500 per month for child support for my two sons. For the past two years I have them for 14 days per month so I still have expenses based on the time spent with them. I take them to and form school, I have to have a home large enough for them to live in half of the month, I provide them with meals, etc.

It doesn't seem that the distribRead More...

Ask a Divorce Lawyer: Is my lump sum alimony payment tax deductible?

Matt Allen — Tue, 26 Jan 2010 05:00:00 +0100

Question: I paid $100,000 of alimony in a lump sum in 2006. The IRS is now claiming that it is not deductible. Can you provide direction?

Answer: You need to refer to your original divorce decree. The divorce decree or marital settlement agreement should detail how the lump say payment was to be paid and the tax implications of the payment on both partiRead More...

Ask a Divorce Lawyer: International divorce and the Hague Convention

Matt Allen — Mon, 25 Jan 2010 21:30:23 +0100

Question: My wife and I have been married for 14 years and have two children ages 12 and 8. Our marriage fell apart when she had an affair 5 years ago (I still have the supporting emails) and it's reached a point where I simply cannot live with the woman anymore. She has an eating disorder and has been violent with my kids, who live in fear of her. I want to get a divorce and full cRead More...

Ask a Divorce Lawyer: What's the procedure to modify child support if we set up our own agreement?

Matt Allen — Mon, 25 Jan 2010 20:25:00 +0100

Question: In New Jersey, if both parties agree to the income to be used for child support purposes, can we just walk into the court house and get a consent order signed to modify child support?

Or do we have to file a motion to do so?

Answer: First let me preface my answer by stating that I am not licensed in New Jersey, so you may want toRead More...

Ask a Divorce Lawyer: How can I keep child support payments from increasing while I'm unemployed?

Matt Allen — Mon, 25 Jan 2010 16:41:20 +0100

Question: I was divorced in 1980 and ordered to pay $50 a week in child support. I have had unrelated legal problems and spent four years in jail and also spent time of welfare with my current family.

I have been paying via forced wage attachment, income tax, etc. since 1996. I have lost jobs, been denied promotions, and had my credit ruined over this. Now my ex filed for aRead More...

Ask a Divorce Lawyer: How do I re-open a case and how long are they valid for?

Matt Allen — Mon, 25 Jan 2010 16:27:22 +0100

Question: My wife filed for divorce on Feb. 5, 2009, and I responded on May 7, 2009. The case is still “pending,” so what form should I file to re-open the case since I heard cases are only valid for one year?

If that’s true, when is the 1-year mark? From the date she filed (Feb. 5) or the date I responded (May 7)?

And does she have rights to Read More...

Divorce Full Force: Required reading when facing divorce

Matt Allen — Mon, 25 Jan 2010 05:00:00 +0100

January is one of the most popular months for divorces. Don’t be caught off-guard.

The attorneys from Cordell & Cordell, a national law firm focusing on helping men in family law cases, have compiled strategies to help you during what will be one of the most difficult times of your life. The book, Divorce Full Force: The Guide for Guys, focuRead More...

Divorce & Taxes: Tax time has special meaning for divorcees

Matt Allen — Mon, 25 Jan 2010 05:00:00 +0100

By Barry Finkel

It’s tax time. As if taxes weren’t perplexing enough, divorcees have numerous considerations when calculating income and expenses – and filing tax returns.

Year-end tax time requires special attention. When handled by an experienced family law attorney and a tax professional, returns can meet both the letter and spirit of federal or stateRead More...

Ask a Divorce Lawyer: Why am I still paying child support for two adult children who live on ...

Matt Allen — Mon, 25 Jan 2010 05:00:00 +0100

Question: I’m still paying child support and my children are now 25 and 30. The case is in California, but I now live in Ohio and the mother now lives in Michigan.

How do I stop this?

Still paying child support for two adult children with full-time jobs not living with their mother seems completely ridiculous.

Answer:

ThaRead More...

Ask a Divorce Lawyer: Can my ex just leave my kids with me for the school year then take them back?

Matt Allen — Mon, 25 Jan 2010 05:00:00 +0100

Question: My wife has custody of our children on the divorce decree. However, she has recently sent the kids out of state to live with me and my current wife for the school year. She is also planning on moving out of the state where our divorce took place.

Our divorce decree has not been updated. At the end of school she plans on getting the children back. Read More...

Ask a Divorce Lawyer: I signed my paternal rights over to my ex's new husband so why am I ...

Matt Allen — Mon, 25 Jan 2010 05:00:00 +0100

Question: I live in Georgia but my 18-year-old child lives in California. In 1995, I signed a court document granting my paternal rights over to my ex’s new husband. (He was supposed to adopt him, but apparently never did.)

Three years later, I start getting child support bills again. First for $76 per month, but now it’s up to over $100 taking oRead More...

Ask a Divorce Lawyer: What is the determining factor in who gets custody of children?

Matt Allen — Mon, 25 Jan 2010 05:00:00 +0100

Question: What is the determining factor in who gets custody of children?

Answer: When determining custody and placement of the children, the best interests of your children is the determining factor for the Court.

Legal custody and physical custody are two different determinations for the Court. Often times, people confuse the two. LRead More...

Ask a Divorce Lawyer: My ex gave up custody but now wants our daughter back. Can she do this?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: My ex gave up custody of my daughter three years ago and I have signed legal documents to prove this. I have always let me ex see my daughter, but now my daughter is 13 and my ex wants her back. So she hasn't returned my daughter for the last four months though I have gotten to see her a couple times.

I have no problem if my daughter wants to live there now,Read More...

Ask A Divorce Lawyer: Do joint bank accounts offer any protection from her draining the accounts?

pmcmahon — Sun, 24 Jan 2010 05:00:00 +0100

Question:

Last February, I told my wife that I wanted a separation. We went through a month of hell living together. She, to my total shock at the time, ended up getting an attorney and filing for divorce. I thought she would never do that. But what really shocked me – we’ve been married 10 years and thought I knew her better - she took the $10,000 in cash that we keptRead More...

Ask A Divorce Lawyer: Can I send the IRS the divorce decree if she refuses to sign the proper ...

pmcmahon — Sun, 24 Jan 2010 05:00:00 +0100

Question:

Every other year I have the right to claim my daughter on my taxes. This year is my year. We have joint custody and my ex-wife has primary physical placement. She is refusing to sign the form 8322 simply due to stubbornness and not because of any legal issue.

Can I send a copy of the divorce decree to the IRS to satisfy the form 8322 if she won’t sign it? HeRead More...

Ask A Divorce Lawyer: Who should claim the child on their taxes?

pmcmahon — Sun, 24 Jan 2010 05:00:00 +0100

Question:

I have a son who is 13 months old. His mother and I were never married and we separated when he was one month old. We have never been to court for custody or anything, and we pretty much equally split the time with him. Given our arrangement, I was wondering who should claim the child on their taxes, or can we both?

Answer:

Ask A Divorce Lawyer: Is it kidnapping when I am still married and take our son away?

pmcmahon — Sun, 24 Jan 2010 05:00:00 +0100

Question:

My wife and I are having an extremely difficult time right now on account of her troubles with severe depression and obsessive-compulsive behaviors. We have been together for almost 10 years, but the situation is worsening. I don't think I can stay any longer.

I feel very strongly that I should be our 3-year-old son’s primary caregiver. I’ve consideredRead More...

Ask A Divorce Lawyer: Can I emancipate myself from my daughter?

pmcmahon — Sun, 24 Jan 2010 05:00:00 +0100

Question:

I have a daughter who turned 18 and the support contract ended at that point. Then the state of Oregon sent my daughter a form to fill out so support would continue while she was going to college. I don’t feel I should have to be responsible for her now that she is an adult. I was wondering if I could emancipate myself from her some how or if there waRead More...

Ask A Divorce Lawyer: What proof is needed to show that she is an unfit mother?

pmcmahon — Sun, 24 Jan 2010 05:00:00 +0100

Question:

My brother needs to get custody of his kids. He and his wife are having troubles because she is out partying all the time lately and always leaving him with the kids. What proof does he need to help his case for custody showing that she is not a fit mother?

Answer:

First I must preface my answerRead More...

Ask a Divorce Lawyer: Dealing with an international divorce

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: I was married in Colorado, but we have lived in Mexico for 6 years. My wife now wants a divorce and I’m currently back in Colorado.

In Mexico, we own a piece of property, which is in both of our names, but the condo on the lot was never put in my name.

Do I have any rights to this home though my name isn’t on it, and it’s in a foreign couRead More...

Ask a Divorce Lawyer: What do I do about lawyer abandonment?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: Twelve weeks ago we sent a settlement agreement to my wife's attorney. We got no response.

He was supposed to set a court date and half a dozen other things. He has not returned calls or taken action on any of the action items we discussed in over 8 weeks.

What do I do about lawyer abandonment? And what about the money I have already paid hRead More...

Ask a Divorce Lawyer: How could my abusive, bi-polar, depressed wife end up with temporary custody?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: I recently filed for and had a temporary matters hearing. I’ve spent 20 years of my life being abused by my wife, who also has abused our children. I had a doctor confirmation and my adult children testified to the abuse and said my youngest child would be safer with me.

My bi-polar wife, who has been on medication for 10 years, even admitted on the stand tRead More...

Ask a Divorce Lawyer: Can we move our kids out of the country if there's no custody order in place?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: My girlfriend lives in New York and has children from a previous marriage. There is currently no custody order in place.

Would she be allowed to move out of the country with the children since there’s no order?

Answer:

First, I must preface that I do not practice in New York. Custody and placement laws vary from state to sRead More...

Ask a Divorce Lawyer: How quick can we finalize a divorce?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: I recently filed for divorce, and now I have a fiancé who is pregnant with my child.

We’d like to be married before the baby is born, so is there a quick way to finalize a divorce?

Don’t some states have finalization rules that allow the divorce to be final in as few as 10 days?

Answer:

Each state has dRead More...

Ask a Divorce Lawyer: Can I voluntarily terminate my parental rights?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: I cheated on my wife with a woman that I knew would be out to get me. Now this woman says that she is 3 months pregnant.

I told her that she should get an abortion. She refuses because she said that she wants to make my life a living hell. I have asked her on several occasions to do this but she refuses to because she wants me to leave my wife.

Is thRead More...

Ask a Divorce Lawyer: How can I pay off back child support if the interest keeps piling up?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: My husband owes back child support in Texas for his two children who are now over 21 years old.

The problem is while he’s trying to pay off the back child support, they keep adding interest on top of his remaining balance. So the interest just keeps piling up and piling up as he’s struggling to make any sort of payments.

At this rate, he&Read More...

Ask a Divorce Lawyer: Changing child support from the original divorce decree

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: In our divorce decree I am ordered to pay $250 a month. I would like to increase the amount but cannot come up with an agreement with my former spouse.

She would like to include my current wife’s income and have my child support increase to $900, which is too much.

If we can’t come up with an agreement on our own, what is my next step in Read More...

Ask a Divorce Lawyer: Is alimony modifiable if I lost my job?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: Our divorce was finalized about a year ago. I’m paying way more than I can afford in alimony.

I’ve tried to work out a solution with my ex rather than going through the court process again, but she wants nothing to do with it, obviously.

So can I challenge the terms of alimony even though I signed off on those terms about a year ago?

Ask a Divorce Lawyer: Is even an allegation of abuse enough to deprive me of custody?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: We are going through a divorce and both of our kids, ages 12 and 10, state they want to live with me.

My wife had an affair while we were married, and now she’s telling the court I physically abused her, which is absolutely not true. She is just saying that to make me seem like an unfit person to have sole custody of my kids. I have two kids that say theRead More...

Ask a Divorce Lawyer: How should I get a divorce if we were married in Germany, recognized by ...

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: I've been separated from my wife for a few years now. I voiced my request for a divorce about a year and a half ago.

She is a German national living in Germany. Our marriage was a German one in Germany and was soon thereafter recognized by the U.S. Army.

How do I go about getting a divorce from her? I don't have to go through that one-year German Read More...

Ask a Divorce Lawyer: What happens if the temporary custodian refuses to give our son up?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: During an extended stay visit with my mother-in-law, my son was said to have discovered a heart problem. In order for him to be given the best care, he was left with his grandma and we verbally agreed to give her temporary custody for one year.

We have now discovered that our son never had any problem with his heart and my wife’s mother is using her custRead More...

Ask a Divorce Lawyer: Will I have to pay alimony if my ex and her boyfriend both work?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: My wife of 20 years said she wants a divorce because she has a boyfriend and loves him. We have two children together, ages 16 and 17. I’ve been the sole provider for my family up until last year when my wife got a job at a local coffee shop.

If she is now working, and her boyfriend has a decent, steady job will I have to pay spousal support? I figure I’Read More...

Ask a Divorce Lawyer: Why can't I pay child support directly to my ex? Why do I have to pay the ...

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: I live in Ohio and pay child support, which I have no objection to paying the court-ordered support. The payments go through the county and then they pay my ex-wife. The charge every month is $25 for processing.

Can I just pay her direct and avoid the processing fee? It is not a large monthly amount but added up over 15 years it is a nice sum and I wouldRead More...

Ask a Divorce Lawyer: How should I deal with an unfair guardian?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: I am in need of help getting to see my kids! It has been almost 4 months since I have seen them.

My ex and I have a parenting plan where I had the kids Monday and Tuesday and every other weekend, which was working great until the guardian stepped in. I will admit since the guardian stepped in I have not been a saint but she has been working against me the whoRead More...

Ask a Divorce Lawyer: My ex won't get a job because then her support would decrease. ...

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: My ex lives out of state with our son. She lives with her parents and barely works. In our divorce paperwork, I have to pay at a higher rate because her gross income is less than the federal poverty level.

This seems ridiculous that she has no incentive to get a raise because then her child support check would shrink. I'm wondering if her lack of a full time Read More...

Ask a Divorce Lawyer: Why am I paying child support when my son lives with me?

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: I have had my 15-year-old son living with me since June. I have been paying child support to his mom all this time.

Can I sue here for that money back?

Answer: Although I do not practice in Texas, Cordell & Cordell has attorneys who are licensed and located in Texas who would be happy to discuss your case with you.&nbRead More...

Ask a Divorce Lawyer: Why did the court order me to pay child support to the mother when the ...

Matt Allen — Sun, 24 Jan 2010 05:00:00 +0100

Question: The father resides in Georgia, the child support case is in Florida. The child lives with the grandmother, the father pays $200 a month to grandmother.

The mother of the child decides she wants to collect child support even though the child does not reside with her and she does not have legal custody of the child. She files for support with no proof of residence Read More...

Ask a Divorce Lawyer: As an aunt, do I have any rights to my nephews?

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: My sister is divorced with two children from that marriage. I want to take her children on a vacation out of state.

Their father says he wants them to go with me, but he’s being very difficult in terms of trying to establish dates to even take the trip.

As their aunt, do I have any rights or am I at his mercy?

Answer:

UnforRead More...

Ask a Divorce Lawyer: Claiming children on tax returns in a divorce

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: My ex is suppose to allow me to claim my children on my taxes for odd numbered years per our divorce decree. But the last time I did, the IRS told me I could not saying I had to have her sign Form 8332, which she refuses.

If I was to take her to court over this, what are my chances of getting her to sign it?

Answer:

Ask A Divorce Lawyer: Am I required to pay daycare expenses if my child was not there?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My ex used her live-in boyfriend to look after our child while he was off work. Both my ex and I were working over the winter school break. Am I required to pay for that week of daycare services even though my child didn’t go to daycare?

Answer:

First I must preface my answer by stating that I do not practice in MinRead More...

Ask A Divorce Lawyer: Should I be expected to pay a significant amount on support?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My wife and I separated and are beginning the divorce process. My wife has no bills besides daily living expenses. No house payment, no car payment, etc. These were paid off through my mother's estate. I have my daughter at least 12 days a month. I have also placed a significant amount of money into an account for her college education. I also pay for her private schooliRead More...

Ask A Divorce Lawyer: Can the court grant a request for marriage counseling?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My wife has recently filed for divorce after almost two years of infidelity on her part and me trying to work past this and save the marriage. We were married in Michigan and have two children, one of which is biologically mine. She moved to South Carolina saying it was temporary and it would help us, but she never returned.

So I moved to South Carolina last monthRead More...

Ask A Divorce Lawyer: Does the court consider cost of living when considering modifications?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

I pay $600/month in child support through the state of North Dakota for my 6-year-old son. But I live in Massachusetts where the cost of living is 200 times higher. Does the court take into account cost of living situations in determining child support since the money I make here doesn’t go nearly as far as it would in North Dakota? Making $40,000 a year in MassachRead More...

Ask A Divorce Lawyer: Can I change my mind before the 90-day filing period?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My wife and I filed for a no-fault divorce in the state of Pennsylvania 40 days past. Do I still have the right to change my mind about the agreement we made before the 90-day filing period?

Answer:

First I must preface my answer that I do not practice in Pennsylvania. Because each state has laws goveRead More...

Ask a Divorce Lawyer: Can she file for child support knowing that I'm unemployed?

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: If my ex-wife remarries, am I still required to pay child support even if her new husband makes a ton of money and I don’t have a job?

Also, if I’m currently unemployed, is it legal for her to file for child support knowing I have no income coming in?

Answer:

The short answer is usually no. Unless your rights have been Read More...

Ask a Divorce Lawyer: Can my ex collect both child support and my Social Security dependent checks?

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: I have been collecting Social Security disability for 2+ years as well as an additional payment for my 16-year-old daughter. I have never missed a child support payment.

I am back to work and based on Social Security rules, I will receive the payments for 9 more months. My ex has managed to have Social Security send the dependent checks to her and insists I stRead More...

Ask a Divorce Lawyer: Can my wife keep my name off the birth certificate if I'm the biological ...

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: My wife and I want a divorce. She is pregnant with our child, and now I am deployed overseas and will not be home for the birth of our child.

She doesn't want to put me on the birth certificate as the father and she wants the baby to have her maiden name.

Is that possible and what can be done? Can I force her to put my name on the birth certificatRead More...

Ask a Divorce Lawyer: Does a third party have standing to enforce a custody order?

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: My boyfriend's ex-wife kept the kids on Christmas past when they are due back to their father. We repeatedly said that we expected them to be back at the time mandated by their custodial agreement.

Is there anything we can do since she did not have them back by 5:30 that night, but dropped them off a few hours later? Or are just a few hours unenforceable, not Read More...

Ask a Divorce Lawyer: What can I do if I can't afford a lawyer for trial?

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: I am the non-custodial parent of two teenage boys. I have been paying child support for three years. The time has come when a review is being done and my ex wife is asking for more. In addition, we are having issues over back medical expenses.

My question is that I cannot afford a lawyer for this trial. They state that if they prove I am in contempt, I have toRead More...

Ask a Divorce Lawyer: Is moving out sufficient enough for an abandonment charge?

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: My wife recently cheated on me and we were both so upset with each other that I moved out of my home at her insistence. Can they get me with abandonment?

I also had an affair about 7 years ago that she knew about, but we decided to stay together and work it out, so what sort of wrinkle will that throw in the case? We have no children.

AnsRead More...

Ask A Divorce Lawyer: What are the penalties for the violation of a parenting plan?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

Our parenting plan does not permit an overnight stay by a woman at my house when the kids are staying with me. However, sometimes at my ex-wife’s insistence I have the kids for unplanned dates where it is unavoidable that my girlfriend will be there. She threatens to take me to court over it even though it’s often last minute that I need to take care Read More...

Ask A Divorce Lawyer: Can she prevent me from taking my son with me while back from deployment?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My wife and I have been married for four years and we have a 3-year-old son. I've been on active duty the entire time and have spent the majority of that time deployed to Iraq. We have both agreed to get a divorce, but no paperwork has been filed as yet since I'm currently overseas. My mid-tour leave is coming up in February and my wife has just told me that I woRead More...

Ask A Divorce Lawyer: Can child support be stopped if the child now lives with me?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

Can child support be stopped if the custodial parent in Georgia lets the child support office know that the child is now living with the other parent? I ask because I am the other parent and it was stopped, but then changed after my arrears balance reached zero.

Answer:
You need tRead More...

Ask A Divorce Lawyer: My ex had our son circumcised without my consent. ...

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

I am a divorced father of a 10-year-old boy. Five years ago, he was circumcised without my consent or notification by either my ex-wife or the doctor. I was only told after the procedure probably because during the divorce process I made clear I would not consent to this procedure.

Our divorce decree states: Custody a. The award of "joint legal custody" meRead More...

Ask A Divorce Lawyer: Can she not disclose some of her income to the court?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

Is it legal for my ex to receive the income from her two older sons (both over 18) whom reside with her, and not disclose that to the court for child support judgment?

Answer:
First, you need to consult a domestic litigation attorney licensed in your state as support guidelines anRead More...

Ask A Divorce Lawyer: Can my ex change the venue of visitation against my will?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

I have been divorced for about 2 1/2 years. My ex wife is taking me to court over visitation among other things. She is trying to get a change of venue to the county she now lives in. I no longer live in the county we were divorced in either.

I am opposed to the change of venue. My understanding is the venue has to be in the county we were divorced in or tRead More...

Ask A Divorce Lawyer: Since my son has not lived with my ex for the past three years and I've ...

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

I've been paying child support for 16 years. Over the last three years I’d lost contact with my son, and whenever I called my ex would say our son didn’t want to talk with me or was not available. I finally found him on MySpace and he says he hasn’t lived with his mother, my ex, for the past three years.

I’ve been paying child suppoRead More...

Ask A Divorce Lawyer: Should I pay the questionable college bill or wait for the itemized bill?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My ex-wife and I are responsible for one-half of our daughter's college tuition and books, which I am willing to pay. My ex-wife gave me a bill in which she blacked out the amount due and scholarship information. She then wrote in amounts in these columns and requested I pay it.

Common sense tells me the bill is less than what they claim, but neither will Read More...

Ask A Divorce Lawyer: Should I take over the house payments or go to court to get her to pay?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

I'm divorced and didn't use a lawyer. My ex had an affair with a man and now she is living in my house with him and she is not paying the second mortgage as ordered. Can I either take over the house and payments myself or can I go to court to get her to pay? My credit is getting destroyed.

Ask A Divorce Lawyer: Can a custodial parent move away from the non-custodial parent?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

Can it be stipulated that the custodial parent not move away from the non-custodial parent after the divorce?

Answer:
You need to consult a domestic litigation attorney in your jurisdiction as custody and support guidelines vary from state to state. Cordell & Cordell hasRead More...

Ask A Divorce Lawyer: Can a legal aid file a motion for modification?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My ex wife, who is the custodial parent of our son, has denied me phone time for almost a year. Prior to this, I always had our child call her when he was with me. I finally had enough since our child did not ask to speak with her so sometimes we wouldn’t call. She threatened legal action. But per our licensed clinical social worker, phone time has to be faRead More...

Ask A Divorce Lawyer: Am I legally bound to pay for my son's college expenses?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

I got divorced in New York in 1994. The stipulation of the settlement emancipates me when my son is 18. In return, I must pay all college costs.

My son has a severe case of parental alienation syndrome (PAS). In other words, he has relentless and irrational hatred towards me. He's 20 years old and entered college 2 years ago. I offered to pay as per the coRead More...

Ask A Divorce Lawyer: Do I have to quit my second job in order to get full custody?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My attorney has advised me that I need to quit one of my two jobs in order to fight for full custody of my children. But I can’t afford to quit since neither are high-paying and I also pay alimony to my ex. If I quit one job, is financial assistance available to me for food, medical, etc?

Ask A Divorce Lawyer: Who gets to claim our daughter on their taxes this year?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My ex and I have joint legal custody. In 2005 I gave him primary physical custody so he could spend his time raising our daughter. He put her through school and paid for all of her expenses, so I gratefully gave him all the income tax for every year he had her.

We decided on no child support because we both have her equal amounts of time; I have her every Read More...

Ask A Divorce Lawyer: My ex's boyfriend is on drugs, so how do I keep my kids safe?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My ex-wife had an affair with a guy who has a reputation of using cocaine, but I can’t prove it. He also drinks and is on drugs treating his depression, which I can confirm. I want her to carry on with her life, but I don't want this guy's influence around my kids.

Can I get a restraining order to keep him away from my children? She can date him all Read More...

Ask A Divorce Lawyer: Can I get a visitation/custody case re-opened?

pmcmahon — Sat, 23 Jan 2010 05:00:00 +0100

Question:

My divorce decree says I can visit my son only when my ex-wife says it is OK since she has full custody. This decision was made while I was unemployed, broke, and in a dark place. Can I re-open that visitation/custody case now that I can prove I have a steady job with stable living conditions and have turned my life around?

&nbsRead More...

Ask a Divorce Lawyer: Who pays child support and/or maintenance if both of us are unemployed?

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: If the wife is unemployed and the husband loses his job while under the court order to pay child support and maintenance, what will happen?

Would he still have to pay child support and maintenance even if he can’t find another job?

Answer:

Although I am licensed to practice law in Michigan, Cordell & Cordell has many attRead More...

Ask a Divorce Lawyer: Joining the military as a single parent

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: My son wants to join the Air Force. They have a rule that states a single parent with a dependent in his custody under 18 cannot join.

My son is an unmarried father of a little girl, 18 months, he has never been married and there have been no court actions at all. He has been helping the mother, taking care of her from separate homes. The little giRead More...

Ask a Divorce Lawyer: Do I have to pay child support for my stepson or just my biological kids?

Matt Allen — Sat, 23 Jan 2010 05:00:00 +0100

Question: I am considering a divorce from my wife. We have three kids, and the oldest is my stepson and there is a prior custody agreement in place between my wife and her old boyfriend for my stepson. Our other children are 6 and 4 years old.

My wife doesn't work and I'm currently putting her through school against my better wishes given our tight financial situation. We Read More...

DadsDivorce In the Studio: January 22

Matt Allen — Fri, 22 Jan 2010 17:29:09 +0100

DadsDivorce Live host Rick Ortiz shares what's new on DadsDivorce this week and previews what to look for next week, including an interview with Ricardo Zamariola, the attorney for David Goldman who has been in the news for his years-long international custody battle to bring his son home from Brazil.

Ask a Divorce Lawyer: Why am I paying child support if I'm also paying for all college expenses?

Matt Allen — Fri, 22 Jan 2010 14:28:41 +0100

Question: I have two kids. I have custody of my daughter who is 19 and going to college full time, and my 12-year-old son lives with my ex.

I’m paying for everything for my daughter, including tuition and living expenses, and my ex is unwilling to help. And my child support just increased to 100% since my daughter is over 18 years old.

Can I get a child Read More...

Ask a Divorce Lawyer: Can I get my support reduced since my oldest is in college and my ...

Matt Allen — Fri, 22 Jan 2010 14:25:13 +0100

Question: I have been divorced for about 15 years have paid child support the entire time to my three children, now ages 22, 18 and 14.

The oldest is married and the 18-year-old is graduating in May. The youngest, though, has been in a children’s home for the past 4 years, and will be there until he is 18. My ex spouse is collecting SSI for him.

Can I get my sRead More...

Ask a Divorce Lawyer: If I'm saving my ex money by having our kids on my insurance, should I be ...

Matt Allen — Fri, 22 Jan 2010 14:18:22 +0100

Question: My former wife recently put my children on my health and dental insurance.

I don’t pay a dime for my insurance so therefore I'm saving my former wife money and putting it in her pocket.

Am I still eligible for a credit for carrying the health and dental insurance since she no longer carries it?

Answer:

First, I must Read More...

Ask a Divorce Lawyer: If my kids will have a better life in another state away from their ...

Matt Allen — Fri, 22 Jan 2010 14:10:39 +0100

Question: For the last four years, I’ve had joint custody of my two children (ages 8 and 11 now) with my ex wife. And for the entirety of that time, they have the same complaint: their mother never spends enough time with them. The kids spend at least 3.5 days a week with me, sometimes more. My ex is always busy with her boyfriend, or talking on the Internet to somebody. She also Read More...

Ask a Divorce Lawyer: Can I have support reduced for a previous marriage if I have another ...

Matt Allen — Fri, 22 Jan 2010 14:06:50 +0100

Question: If I have a child from another marriage post-divorce, can it reduce the amount of child support I pay to my previous spouse for our son in a joint custody situation?

Answer: I must inform you that I am not licensed to practice in Colorado. However, Cordell & Cordell has many attorneys licensed and located in Colorado who would be happy to help you. BeRead More...

Ask a Divorce Lawyer: Can my child live with me over the summer if she wants to, even if it's ...

Matt Allen — Fri, 22 Jan 2010 14:01:49 +0100

Question: My daughter is 13 and will be 14 in April. She wants to move in with me this summer and go to high school in my community. Can her mom stop her?

Answer: I must preface my answer that I do not practice in Arizona. Each state has different laws governing child custody. It is important that you contact a domestic litigation attorney licensed in ARead More...

Ask a Divorce Lawyer: Can my wife claim property that she didn't buy but I purchased during our ...

Matt Allen — Fri, 22 Jan 2010 13:58:18 +0100

Question: I am writing for my father. He is currently in the hospital due to surgery. My mother (his wife of almost 40 years) left him four days before his surgery. She has not worked for almost 16 years so my Dad has been supporting her.

They live in a house that my sister owns and my father has been helping to pay the house payment. My mother is alrRead More...

Ask a Divorce Lawyer: Can my ex violate the decree and move our son out of state if it's for ...

Matt Allen — Fri, 22 Jan 2010 13:34:07 +0100

Question: My ex wife is considering putting our child in a long-term residential treatment center in Utah for drug usage. The decree states only specific counties the child can reside in (a place in Utah is not one of them).

Can she move him to drug treatment center out of state and against our decree without the approval from the court?

Also, Read More...

Ask A Divorce Lawyer: Can a mortgage payment be considered payment of child support?

pmcmahon — Fri, 22 Jan 2010 05:00:00 +0100

Question:

I have been paying the mortgage payment on the marital home since we separated even though I was the one who moved out of the house. Since there is no order yet for child support, would the $521/month payment be considered child support since I’m helping keep a roof over my family’s head?

Answer:

Possibly. In mosRead More...

Ask A Divorce Lawyer: Is it against the law to deny parental visitation?

pmcmahon — Fri, 22 Jan 2010 05:00:00 +0100

Question:

Is it a criminal act to withhold/deny parental visitation if it is court mandated? If it is a criminal act, then don’t the police have to enforce and act upon it?

Answer:

Not necessarily. For intrastate parenting time violations, most state penal codes except situations where the alleged kidnapping viRead More...

Ask A Divorce Lawyer: Can you get divorced without determining child custody?

pmcmahon — Fri, 22 Jan 2010 05:00:00 +0100

Question:

Is it possible to dissolve a marriage without determining child custody?

Answer:

Section 401(3) of the Illinois Marriage and Dissolution of Marriage Act does allow a court to dissolve a marriage and reserve property division, child custody and support issues for a future hearing, but Read More...

Swearing in Tommy: Should children testify? (Part 3)

Matt Allen — Fri, 22 Jan 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 3 of a three-part series on children testifying. Click here to read Part 1 and click here to read Part 2.

Have you ever struggled over whether your child can, or should, testify? And what happens to him if he does? Can you ever guarantee your child’s words toRead More...

Ask a Divorce Lawyer: My ex is hiding my son's medical condition though I keep paying for it. ...

Matt Allen — Fri, 22 Jan 2010 05:00:00 +0100

Question: I have two twin sons (17 years old) who live in New Jersey with their mother, my ex-wife. She does not have a kind word to say to me and I can only get yes and no answers from her when I call.

This past month, I received an EOB from Blue Cross stating my son was taken to the hospital. Since then he has been seeing a psychologist and psychiatrist, and I have nRead More...

Ask a Divorce Lawyer: Can I get my alimony payment reduced if my ex is now living with her boyfriend

Matt Allen — Fri, 22 Jan 2010 05:00:00 +0100

Question: My divorce was final in June of 2009. I was ordered to pay my ex wife $1,500 per month in transitional spousal support and $501 per month in child support.

Since July of 2009, my ex wife has been cohabitating with her boyfriend. Since she is now cohabitating intimately with her boyfriend, would I have a case for reducing or eliminating the spousal support?&nbRead More...

Ask a Divorce Lawyer: Can one state suspend or revoke my license if it is from another state ...

Matt Allen — Fri, 22 Jan 2010 05:00:00 +0100

Question: My child support case is in Oklahoma, I live in Texas.

I recently received a letter about suspending my license for failure to pay child support, even though it is being garnished from my paycheck.

Can one state suspend or revoke my license if it is a license from another state?

Answer: AlthoughRead More...

Ask a Divorce Lawyer: Is the decision to waive your right to alimony a permanent decision?

Matt Allen — Fri, 22 Jan 2010 05:00:00 +0100

Question: I've been unemployed for 6 months now. Child support payments are destroying my credit because my debt exceeds my unemployment even though the support payments are less than $200 a month.

My ex makes over $100,000 a year and I have basically no income right now. In our divorce agreement, it’s written that we both agreed to mutually waive alimony past and prRead More...

Ask a Divorce Lawyer: Can I get a reduction in child support for the youngest if I'm paying for ...

Matt Allen — Thu, 21 Jan 2010 21:41:04 +0100

Question: I have two kids. I have custody of daughter who is 19 and going to college full time, and my 12-year-old son lives with my ex.

I’m paying for everything for my daughter, including tuition and living expenses, and my ex is unwilling to help. And my child support just increased to 100% since my daughter is over 18 years old.

Can I get a childRead More...

Ask a Divorce Lawyer: Do I have a claim to inheritance my wife receives during the divorce process?

Matt Allen — Thu, 21 Jan 2010 18:57:38 +0100

Question: I have been supporting my family for 26 years. I'm currently facing bankruptcy, foreclosure, and a pending divorce. The question is timing.

My wife will be coming into a sizeable inheritance soon and that along with home equity were to be part of my retirement.

Could I have a claim to the inheritance?

Answer:

FRead More...

Ask a Divorce Lawyer: If my kids are adopted by my ex's new husband, do I have to keep paying ...

Matt Allen — Thu, 21 Jan 2010 18:54:08 +0100

Question: My ex wife moved from Florida with my kids to Tennessee. I've been told my family that her new husband adopted my two children.

If he did adopt my kids, am I off the hook for child support?

Answer:

First, let me state that I am not licensed in Florida, although Cordell & Cordell, P.C. has attorneys who are licensed in FloridRead More...

Ask a Divorce Lawyer: Can we modify our visitation schedule without going to the courts?

Matt Allen — Thu, 21 Jan 2010 18:50:39 +0100

Question: My ex wants to change our visitation schedule without going back to the courts for approval; is this legal?

Can she take me back to court at a later date and say I was not following the visitation order?

Answer: Possibly. You should modify your current order to be safe.

Even if you and your ex-wife agree to modify your parenting tiRead More...

Ask a Divorce Lawyer: Do I need an attorney to draft my own motions?

Matt Allen — Thu, 21 Jan 2010 18:46:25 +0100

Question: I would like to know if I might be able to obtain a draft of a previous Motion for Clarification (so that I can get an idea of the correct terminology) to draft one of my own in a proactive step to avoid any interruption with regard to my children's parenting schedule?

It is a Motion for Clarification of the Parenting Responsibilities and Parenting Time. I havRead More...

DadsStory: Easy and Healthy Recipes

pmcmahon — Thu, 21 Jan 2010 16:29:29 +0100

I am consistently searching for easy and healthy recipes for both myself and the kids. Being able to feed my children with solid nutritional meals is extremely important to me as I want to teach them that good nutrition does not necessarily mean you have to sacrifice taste. Sure, a fast food meal comes our way once in a while, but again I try to teach them moderation. Here are a fewRead More...

Ask a Divorce Lawyer: Can my ex move out of state with our son?

Matt Allen — Thu, 21 Jan 2010 15:50:44 +0100

Question: My ex wife is thinking about finding a job outside of North Carolina. I currently get my son every other weekend currently and in the summers, plus rotating holidays.

Can she move out of the state and legally take him with her?

Answer:

I must start out by stating that I am not licensed in North Carolina, so IRead More...

Ask a Divorce Lawyer: I am concerned for my child's safety while with my ex. What should I do?

Matt Allen — Thu, 21 Jan 2010 15:48:07 +0100

Question: I have been divorced almost four years. My ex and I do not often see eye-to-eye on affairs relating to raising our children. Most recently my 6-year-old son was physically assaulted by our 8-year-old niece. I am concerned for his safety.

I have discussed this with my ex and though she is not happy that this incident occurred she plans on doing nothing to prevenRead More...

Ask a Divorce Lawyer: We've set up our own agreement while separated. ...

Matt Allen — Thu, 21 Jan 2010 14:04:15 +0100

Question: I’m a father of two and still legally married but my wife left me over a year ago. We need to get this divorce taken care of but both have settled into our new lives. The kids are well taken care of between us both. We pretty much have joint custody, and things are going very well (equal visitation, both have places to live, bills are paid, children are financially taRead More...

Ask a Divorce Lawyer: Can holiday time supersede the normal visitation schedule?

Matt Allen — Thu, 21 Jan 2010 14:00:33 +0100

Question: Is there a difference between holiday and year-round access? The modified papers says my husband has three weekends in a five-weekend month and two weekends in a four-weekend month but he cannot have three consecutive weekends in a month in year-round access. His ex says that means never.

So even though he has Thanksgiving this year and the second half of Christmas break, she expects those holiday weekends to be his weekends. They have standard holidays in the final modRead More...

Ask a Divorce Lawyer: What legal options do I have if I'm the victim of paternity fraud?

Matt Allen — Thu, 21 Jan 2010 13:53:09 +0100

Question: I just found out that my 16-year-old son is not my biological son through DNA testing I had done. Now that I am aware of this fraud, I realize his mother has been extorting tens of thousands of dollars from me for over a decade and she continually wants more from me.

I will be presenting her with the results soon and wonder what legal recourse I have withRead More...

Ask A Divorce Lawyer: Do I have any legal rights when my daughter is not biologically mine?

pmcmahon — Thu, 21 Jan 2010 05:00:00 +0100

Question:

I have been married for 4 years. My wife got pregnant during that time from another man and gave birth to a girl. I’ve been raising her as my daughter even though I’m not the biological father and my wife won’t tell me who it is. If I get a divorce, will I have any legal rights to my daughter?

Swearing in Tommy: Should children testify? (Part 2)

Matt Allen — Thu, 21 Jan 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 2 of a three-part series on children testifying. Click here to read Part 1 and click here to read Part 3.

Have you ever struggled over whether your child can, or should, testify? And what happens to him if he does? Can you ever guarantee your child’s words to the Read More...

Ask A Divorce Lawyer: If one spouse is legally blind, does that assure the other of getting ...

pmcmahon — Thu, 21 Jan 2010 05:00:00 +0100

Question:

If one spouse is legally blind and cannot take care of the children by themselves, will the other spouse pretty much be assured of getting sole custody of the children in the divorce?

Answer:
In general, the standard to apply for any custody decision is the “best interests of the child” Read More...

Ask a Divorce Lawyer: How can I keep my ex and our kids from moving each time my holiday visits ...

Matt Allen — Thu, 21 Jan 2010 05:00:00 +0100

Question: The way my paperwork reads I’m supposed to have my daughter for Christmas every other year (including this year). Yet each time it’s my turn, my ex informs me and the court that she is moving and it just happens to be during my set visitation period.

This has been going on for years and 2 years ago when this happened I filed with the court saying Read More...

Ask a Divorce Lawyer: Is my ex legally part-owner of our house even though I bought it before ...

Matt Allen — Thu, 21 Jan 2010 05:00:00 +0100

Question: My wife and I are recently separated. She moved home with her parents, and I still live in my house. The house is in my name, and I bought it before we got married.

Since our separation, she has come in and started taking things out of the house that either was hers before the marriage or we both bought or received as a gift during the marriage. Recently withRead More...

Ask a Divorce Lawyer: I spanked my kid with my ex present and she says it's child abuse. ...

Matt Allen — Thu, 21 Jan 2010 05:00:00 +0100

Question: I was granted primary custody of my children after there was sexual abuse at their mother’s house. While my kids were visiting me, with their mother/my ex present, I spanked my daughter with a belt for choking her brother.

At the time, my ex told me it was ok with her if I disciplined my daughter in that way. The next morning, my wife took my daughter, who Read More...

Ask a Divorce Lawyer: Doesn't child support and alimony cover transportation costs?

Matt Allen — Thu, 21 Jan 2010 05:00:00 +0100

Question: I have my children every Thursday night and every other weekend. In our divorce decree it says to "equally share transportation." I told my ex due to this I would pick up the children for my visitation and she could pick them up from me.

However, since it isn’t convenient for her she is refusing to pick up the children saying she has to take them to school Read More...

Ask a Divorce Lawyer: Dealing with marital property during divorce

Matt Allen — Wed, 20 Jan 2010 19:45:57 +0100

Question: I left my husband, marriage and marital home two years ago. I received a letter from my husband’s attorney that he filed for divorce and wanted everything. However, I sought legal counsel before leaving my husband that informed me I was entitled to half the increased value in the home, which we had remodeled and now has a mortgage on. The mortgage is in my husband’s name. I sent a pro se response to his attorney and the courts, requesting $50,000 because the house iRead More...

Ask a Divorce Lawyer: Can I have my alimony reduced if my ex moves in with another man?

Matt Allen — Wed, 20 Jan 2010 19:34:39 +0100

Question: I've been divorced for 15 years and am paying alimony to my ex wife of $200 per week with no end in sight. Both of our child are grown and out of the house.

She now has a boyfriend who has moved in with her. Is there anyway to get this amount reduced or even done away with all together?

Answer:

First, I must stRead More...

Ask a Divorce Lawyer: If a child support case is closed, can it be re-opened and possible ...

Matt Allen — Wed, 20 Jan 2010 19:29:09 +0100

Question: Ten years ago, my husband and his ex-wife went to the attorney general's child support division and signed notarized statements to close the child support case. The children had resided between the two homes over the last several years. Recently, both children decided to live with their mother, his ex, on a permanent basis.

My husband's ex then called theRead More...

Ask a Divorce Lawyer: Custody issues when deployed overseas in the military

Matt Allen — Wed, 20 Jan 2010 16:03:07 +0100

Question: We are currently overseas with the military. My husband's ex lives in Georgia. We recently had custody changed for him to have primary physical custody and joint legal custody for his son, while his ex has primary physical custody and joint legal custody for their daughter.

Since the custody has changed, so has the support. So my husband started paying her the new amount. She still has his son because he has to go through a process to get him overseas on his orderRead More...

Ask a Divorce Lawyer: How do I move my child support to a different state

Matt Allen — Wed, 20 Jan 2010 15:55:41 +0100

Question: My ex and I got divorced in New Jersey. We both are now living in Georgia.

What do I need to do to move my child support to Georgia?

Answer: First, I must state that I am not licensed in Georgia, although Cordell & Cordell, P.C. has attorneys who are licensed and located in Georgia and would be happy to discuss your case with you.

Ask a Divorce Lawyer: My wife is saying I'm a sex addict because of my infidelity. ...

Matt Allen — Wed, 20 Jan 2010 15:47:03 +0100

Question: My wife is trying to paint me as a sex addict to limit my contact with our kids due to my infidelity. Do I have to prove that I am not a sex addict or predator?

Answer: Family law is state specific and I am not licensed to practice in Oregon. Before you take any action you should contact a domestic litigation attorney licensed in Oregon.

In many states, the courts will look at two factors when deciding custody: parental fitnesRead More...

Ask a Divorce Lawyer: My ex is using meth. How can I keep my kids safe?

Matt Allen — Wed, 20 Jan 2010 15:41:17 +0100

Question: I know my ex is using meth and is putting my kids in the middle of her problem. What can I do to keep my kids safe?

Answer: At the outset, substance abuse is a very serious issue, as I am sure you know. If you have concrete proof of your ex’s abuse, please get help immediately. This may mean contacting the police or a mental illnesRead More...

Ask a Divorce Lawyer is now improved to better serve you

Matt Allen — Wed, 20 Jan 2010 05:00:00 +0100

In order to better serve our community, all submitted Ask a Lawyer questions will be answered within two business days beginning Wednesday, Jan. 20.

We understand the urgency of your pressing questions and our attorneys are committed to responding to your inquiries as soon as possible. 

To subRead More...

Ask A Divorce Lawyer: What is considered shared property during a divorce?

pmcmahon — Wed, 20 Jan 2010 05:00:00 +0100

Question:

I am thinking about getting a divorce. We have been married for three years. All that I want is joint custody and to not pay alimony. We do not have any shared property, meaning every thing that we own is either in my name or her name.

What is the best way to go about this? Is there any way some of our property can be deemed shared property even though weRead More...

Ask A Divorce Lawyer: Do I file for custody or divorce first?

pmcmahon — Wed, 20 Jan 2010 05:00:00 +0100

Question:

I have been separated for nearly three years now, and we have two children together. I’m interested in finally filing for divorce and filing for custody as the children would rather live with me.

Do I file for custody first or get the divorce first? Does one happen before the other? What’s the best approach?

Swearing in Tommy: Should children testify?

Matt Allen — Wed, 20 Jan 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is the first part of a three-part series. Click here to read Part 2 and click here to read Part 3.

The wood was smooth and cold against the back of his legs. Tommy sat slouched on the courtroom bench, his feet dangling above the marble floor, unable to reach even with his tiptoRead More...

Ask A Divorce Lawyer: Does not having the title of joint physical custody give my ex an advantage?

pmcmahon — Wed, 20 Jan 2010 05:00:00 +0100

Question:

My ex wife was recently awarded full physical custody and we both have joint legal custody. We attempted to go to trial to obtain joint physical custody but we were then able to negotiate a 50%, or 182.5 nights per year, equal split of parenting time. My lawyer advised that the agreement of 50% now meant that the "full physical custody" was just a bumper stickRead More...

Ask A Divorce Lawyer: Does a post-separation affair have any bearing on the settlement?

pmcmahon — Wed, 20 Jan 2010 05:00:00 +0100

Question:

I left my wife, and one month later I filed for divorce. I tried to reconcile with her but she wanted nothing to do with it. So after a couple months, I started seeing another woman. My wife has taken pictures of us together, pictures of her car at my place overnight, etc. Will a post-separation affair have any bearing on our settlement?

Ask a Divorce Lawyer: Will my wife's affair with her ex-boyfriend help me in getting custody?

Matt Allen — Wed, 20 Jan 2010 05:00:00 +0100

Question: My wife, we’re still together, had an affair with her ex-boyfriend who is the father of my stepdaughter. I have pictures and tapes from a private investigator to prove everything.

I see her ex-boyfriend a few times a month when he comes to pick up his daughter, I have to talk to him when he calls to talk to his daughter or my wife, etc. So it’s making iRead More...

Ask a Divorce Lawyer: Can a child support amount be agreed to outside of court or does it have ...

Matt Allen — Wed, 20 Jan 2010 05:00:00 +0100

Question: If parents share joint physical custody of a child in Illinois, does one parent still have to pay child support and what would that be?

Can a child support amount be agreed to outside of court or is it mandated by the court system?

Answer:

Though I am licensed to practice law in Michigan, Cordell & Cordell has attorneys locatedRead More...

Ask a Divorce Lawyer: The mother lost her custody rights so shouldn't I automatically be given ...

Matt Allen — Wed, 20 Jan 2010 05:00:00 +0100

Question: I recently found out that my child’s mother has lost custody of our daughter due to her fourth arrest in as many years. My child has been placed in the care of her grandmother.

As the father of the child are there any legal motions I have to go through to get custody or does the grandmother automatically have to turn her over to me since I am next of kiRead More...

Ask a Divorce Lawyer: What can I legally do to see my kids more if we never formalized a ...

Matt Allen — Wed, 20 Jan 2010 05:00:00 +0100

Question: I was never married to my children’s mother, but they both have my last name. Nothing ever went to court and we worked out an agreement with each other that I would get to see them every other weekend.

But I desperately want to spend more time with my children now.

How can I go about getting legal visitation so she can’t keep me from seeiRead More...

Ask a Divorce Lawyer: Does a web cam constitute a phone call? My ex is barring me from using it ...

Matt Allen — Wed, 20 Jan 2010 05:00:00 +0100

Question: In our parenting agreement with my ex, it says that I can call any time between 8 a.m. and 8 p.m. I have been using Skype to call my kids.

My ex is claiming that Skype is not a phone call and has cut me off from Skyping my kids, on Christmas Day no less, which she says she’s allowed to do. Does Skype constitute a phone call?

Answer:&nbRead More...

Ask a Divorce Lawyer: How valid are mediation agreements?

Matt Allen — Tue, 19 Jan 2010 13:53:19 +0100

Question: I want to give an example of an agreement we had during mediation and how valid these agreements are. We have an agreement through mediation that states I have the children every weekend, and also that I was allowed to have them Christmas Eve, which was a weekday.

She calls and says she wanted them the weekend after Christmas and if I don’t agree, she woRead More...

Ask a Divorce Lawyer: Should I have to pay medical bills when my ex didn't keep me informed of ...

Matt Allen — Tue, 19 Jan 2010 13:49:34 +0100

Question: I am court-ordered to provide insurance for my son. My ex wife has physical custody and we also have joint legal custody. We are to share the medical bills equally after insurance has paid their part. She has never used my insurance, and has never told me about any of our son's doctor bills.

After 3 years of divorce, she now tells me that she would like for meRead More...

Ask a Divorce Lawyer: Will I get visitation rights for my stepson?

Matt Allen — Tue, 19 Jan 2010 13:44:17 +0100

Question: I met my wife when she was two months pregnant. We married shortly after the child was born. We refer to him as “our son,” he’s always gone by my last name, we’ve all lived together in the same home. I was not named on the birth certificate due to the fact that we needed state insurance to help pay for the pregnancy. We recently told him who his bioRead More...

Finances & Divorce: Early Intervention with a Financial Expert

Matt Allen — Tue, 19 Jan 2010 07:00:00 +0100

By JoAnne C. Holt

You probably shy away from hiring a divorce financial expert in the early stages of your divorce, thinking, “Maybe we are going to get through this amicably”, or “We both want to take the high road” or maybe even “It is really simple”. The most common reason for postponing or not even considering aRead More...

Ask a Divorce Lawyer: My wife left our home 6 months ago with our son, who I haven't seen since. ...

Matt Allen — Tue, 19 Jan 2010 05:00:00 +0100

Question: My wife filed for divorce about 6 months ago and left the marital home.

I haven't seen my son since and the court is dismissing the case due to lack of progress.

How should I regain custody before he turns 16 in two months? She also has an unserved restraining order if that makes a difference.

Answer:

Without a court oRead More...

Ask A Divorce Lawyer: Does my ex have the right to keep me away from our two boys?

pmcmahon — Tue, 19 Jan 2010 05:00:00 +0100

Question:

I'm divorced and my ex will not answer the phone at all when I call to see our two boys. We have joint custody of our boys but she will not bring them by the house for my time with them on the days she's required to. I live with my parents and they smoke weed. Her lawyer and my lawyer knew about this fact, but we managed to settle an agreement without takiRead More...

Ask a Divorce Lawyer: Can off-the-cuff remarks made in e-mails come back to haunt me in court? ...

Matt Allen — Tue, 19 Jan 2010 05:00:00 +0100

Question: My wife kicked me out of our home 2 weeks ago, much to my surprise. In my begging and pleading to come back, I took responsibility for all our marital problems, to include what she termed verbal and emotional abuse. Unfortunately, I accepted all the blame in e-mails.

Can this come back to haunt me if she chooses to use it against me for custody, or do courts rRead More...

Ask A Divorce Lawyer: Is a "bonus" the same as an "annual incentive plan"?

pmcmahon — Tue, 19 Jan 2010 05:00:00 +0100

Question:

My divorce decree states that I am to pay a part of my “bonus” as child support once the bonus is received each year. The specific wording says “bonus.” My question is: If my company states that they have no “bonus” program, but an “annual incentive plan,” am I obligated to make this payment? I would rather take thRead More...

Ask a Divorce Lawyer: If we're separated but there's no divorce in progress, can my wife keep ...

Matt Allen — Tue, 19 Jan 2010 05:00:00 +0100

Question: My son is in the U.S. Army. While deployed overseas his wife of a little less than 2 years had an affair with another man and had his baby. My son and his wife already have a 21-month-old son.

He is now back in the states and stationed in Colorado. His wife is staying in Texas with her mom. She won’t let him see his son since she’s scared he’Read More...

Ask A Divorce Lawyer: Is my dad going to owe 19 years of back child support?

pmcmahon — Tue, 19 Jan 2010 05:00:00 +0100

Question:

I am 30 years old. My mother and stepfather have been married for over 15 years. Recently, my stepfather found out that he has a daughter who is 19 from a girlfriend he had back in high school. The girlfriend never told my stepfather about his daughter, but he found out because the girl researched her biological father and found him when she turned 18. We are waRead More...

Ask A Divorce Lawyer: Does moving out equal emancipation for my children?

pmcmahon — Tue, 19 Jan 2010 05:00:00 +0100

Question:

My stepdaughters have moved out of the house because they refuse to follow basic household rules. The girls are 18 and 21 years old. Both now reside with my husband’s parents. My husband’s parents (who constantly interfere and allow the kids to do whatever they want to do) are now suing for child support. The letter from his parents’ lawyer staRead More...

Ask A Divorce Lawyer: Due to my disability, can I not pay the maintenance?

pmcmahon — Tue, 19 Jan 2010 05:00:00 +0100

Question:

My only income is disability for my Parkinson’s. Nearly all of that is going to my ex-wife for maintenance, so I’m unable to pay rent and buy food in addition to paying all my other bills. If I never return to the state, can I get away with not paying her the maintenance?

I just don't know how I'll survive if I pay her what's required, and if Read More...

Ask A Divorce Lawyer: My ex is getting remarried, so how do I stop the alimony payments?

pmcmahon — Tue, 19 Jan 2010 05:00:00 +0100

Question:

My ex wife is getting remarried in the next few weeks. How do I go about making certain my maintenance payments to her are terminated? I won’t have to pay alimony once she’s married, right?

Answer:
Traditional spousal support (alimony) payments are modifiable (but not necessarily subject to termination) when the sRead More...

Ask A Divorce Lawyer: Can a non-biological father adopt his daughter when the mother leaves her?

pmcmahon — Tue, 19 Jan 2010 05:00:00 +0100

Question:

When I met my now ex-wife nine years ago, she had a two-month-old daughter. I was obviously not the father but have taken care of her all those nine years. My ex married a man and moved to Vegas last year and said if I did not take our daughter back she would place her in a foster home so I took my daughter back.

Since I’m in no way legally attachRead More...

Ask a Divorce Lawyer: Is delaying a divorce to pay off debt the right thing to do?

Matt Allen — Tue, 19 Jan 2010 05:00:00 +0100

Question: My wife and I are separated but agreed to delay the divorce until we pay down debt.

I am living with my brother to stretch the budget, but am I doing the right thing?

Can this be some type of stall on her part or could it be seen as me leaving my wife since I moved out? I just found out that she has opened a checking account in her own name and I am Read More...

Ask a Divorce Lawyer: How can I stop child support garnishment when my obligation has been met?

Matt Allen — Tue, 19 Jan 2010 05:00:00 +0100

Question: I recently returned from military deployment where I completed my child support obligation in 2007.

When I returned to my civilian job they continued to take child support from my pay despite numerous attempts from the Attorney General ordering them to stop the garnishment. I am at wits end.

What can I do to stop this? I’ve already met my obligRead More...

Ask a Divorce Lawyer: If we're agreeing on everything so far, is there any need to hire an attorney?

Matt Allen — Mon, 18 Jan 2010 20:36:42 +0100

Question: I'm trying to decide if I need a lawyer or not. As of right now, we are agreeing on everything and it should remain uncontested. She has already hired a lawyer and is paying for everything.

I was going to have her lawyer draw everything up then I was going to hire someone just to look it over. I'm trying to avoid more debt, which my wife has given me a lot of Read More...

Ask a Divorce Lawyer: Does it take two consenting parties to get a divorce?

Matt Allen — Mon, 18 Jan 2010 20:33:30 +0100

Question: My wife wants to get a divorce but I do not. I have tried earnestly for marriage counseling and to try to mend our marriage. She is set on divorce.

Does it take two consenting parties to get a divorce in Missouri? If a divorce does go through, she makes a lot more money than I do so would I be entitled to maintenance from her?

Answer:

Ask a Divorce Lawyer: Do I have to leave money for my wife during the divorce process while I'm ...

Matt Allen — Mon, 18 Jan 2010 20:18:53 +0100

Question: My son is over in Iraq. He and his wife have decided to divorce. He is under the impression that he is legally obligated to leave a certain amount of money in the bank account for her while he is overseas during the divorce process.

Is this true? Have you heard of anything like this?

Answer:

There is no “hands-off,” so Read More...

Ask A Divorce Lawyer: Am I required to pay back child support from the time she moved out?

pmcmahon — Mon, 18 Jan 2010 19:14:30 +0100

Question:

My wife moved out three months ago. She has still not filed for divorce. When the divorce does become final, will I be required to pay back child support from the time she filed or the time when she moved out?

Answer:

No, you cannot be required to pay retroactive child support. Read More...

Ask a Divorce Lawyer: Do visitation schedules still apply once the child is 18?

Matt Allen — Mon, 18 Jan 2010 18:36:57 +0100

Question: If child support and a portion of college expenses are being paid by the non-custodial parent, does the visitation schedule still apply after high school graduation?

Does either parent have any visitation rights relative to the other parent once the child is 18?

Answer:

Child support obligations and rights to parent time or custodyRead More...

Joseph Cordell appears on The Bill McLeod Show

Matt Allen — Mon, 18 Jan 2010 15:17:50 +0100

Joseph Cordell, Principal Partner of Cordell & Cordell, P.C., appeared on The Bill McLeod Show to offer a range of advice for men and fathers facing the divorce process.

Cordell, whose firm is the premier law firm in the country focusing on men and divorce, talks about practical divorce issues, court bias and the special challenges dads faRead More...

Ask A Divorce Lawyer: Can I file a motion to suspend maintenance until she names the ...

pmcmahon — Mon, 18 Jan 2010 05:00:00 +0100

Question:

I am a victim of paternity fraud. During my pending divorce case, I found out my oldest daughter, who is 20 years old, is not mine and it was confirmed by multiple tests. My wife just now admitted to the affair she had 20 years ago while I was away in basic training. We were married when she was 3 months pregnant with this baby.

Can I file an annulment? IRead More...

Ask A Divorce Lawyer: Do I even have a chance of getting custody of my kids?

pmcmahon — Mon, 18 Jan 2010 05:00:00 +0100

Question:

I have a pending divorce. My wife has made threats via text, as well as verbally with witnesses present, in regards to keeping our kids from me. She has also assaulted me, which was witnessed, and I subsequently filed a police report. I have spent time in a mental healthcare facility for non-violent behaviors, and my wife has threatened to use this fact against Read More...

Ask A Divorce Lawyer: Will the courts expect me to uphold paying for my daughter's college ...

pmcmahon — Mon, 18 Jan 2010 05:00:00 +0100

Question:

In my divorce arrangement 13 years ago, I agreed to pay for 100% of the cost of my daughter’s college education. Times have changed and money is tight now. I don’t know if it’s possible for me to live up to that obligation. I’m concerned it will put me in financial ruins.

What can I do? I agreed to that 13 years ago but my situatRead More...

Ask A Divorce Lawyer: How long must I wait until I can ask for a child support reduction?

pmcmahon — Mon, 18 Jan 2010 05:00:00 +0100

Question:

I've been divorced for 5 years. How long do you have to wait before asking for a child support reduction or is there even a time line?

Answer:
The time line depends on the facts in your case. In general, child support amounts are based on each parent’s income and number of overnights with eachRead More...

DadsDivorce Live: Paternity fraud expert Carnell Smith

Matt Allen — Mon, 18 Jan 2010 05:00:00 +0100

DadsDivorce Live host Rick Ortiz talks with Carnell Smith, the director of U.S. Citizens Against Paternity Fraud.

Smith, himself a victim of paternity fraud, is currently heading up a new national survey, said to be the first of its kind, that will examine the emotional, financial, legal, and social impact of paternity fraud on men.

Ask A Divorce Lawyer: What are my options in regards to being reviewed for child support revision?

pmcmahon — Mon, 18 Jan 2010 05:00:00 +0100

Question:

I have been divorced just over three years and my ex-wife is filing for a review so that the child support can be revised upward since I make more money now. Her lawyer asked me for paystubs and tax information and I gave him what he asked for. He then gave copies of everything to my ex-wife.

I'm pretty steamed about this. I may not like it, but I wish Read More...

Ask a Divorce Lawyer: Can the court force my ex to get a job?

Matt Allen — Mon, 18 Jan 2010 05:00:00 +0100

Question: Can the court force my ex to get back into the workplace and get a job?

I’m breaking my back working so much just to afford the child support and alimony that she’s living off of. I pay so much to them that she doesn’t even need to get a job. In no way is this fair.

So can it be done? Can the court tell her to get to work anRead More...

Ask a Divorce Lawyer: Will I be able to gain full custody of my children if I divorce my ...

Matt Allen — Mon, 18 Jan 2010 05:00:00 +0100

Question: I have been trying to hold a marriage together for 10 years. She is severely mentally handicapped and at this point I am trying to see if I can salvage my children (four in all, two stepchildren) from this poison.

I fear that my wife really wants me to make the first move. I think we are at the point where I need to know what my options are. I would really like tRead More...

Ask a Divorce Lawyer: Do I have to pay for temporary housing for her until the divorce is final?

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: My wife has told me the marriage is broken and that she wants a divorce. She has stated that she wants to move to a hotel or apartment.

I believe that she is expecting me to pay for her temporary housing. I pay the mortgage and all the bills, and the house is in my name only. She works part-time and makes only minimum wage.

What obligation, if any, dRead More...

Ask a Divorce Lawyer: Can a judge prohibit live-in significant others?

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: Are there instances when the law states that a woman who is granted a divorce with custody of a minor child is told she cannot have a boyfriend living with her in the same household as her minor child?

Answer:

Each state has different laws governing the custody and placement of children. Your question is whether or not there is a specific laRead More...

Ask a Divorce Lawyer: My ex claims my calls and letters are harassment, but I just want to talk ...

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: My ex-wife and I have joint custody and equal placement. For the past 2.5 years she has made it difficult for me to communicate with the girls when they are with her.

She refuses to communicate with me about the girls. The problem I have is to maintain a record of my attempts to communicate, I write her letters. In her very few responses she says that my letters Read More...

Ask a Divorce Lawyer: I'm currently getting hazard pay. ...

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: I currently work under contract with the Department of Defense as a Fire Chief. My ex-girlfriend, who I have twins with, has not been heard from in 12 years and hasn’t allowed me contact with the children since they were 1 years old.

Out of absolutely nowhere, she gets in touch with me and asks for a re-evaluation of support since she heard I’m deployRead More...

Ask a Divorce Lawyer: Will insurance cover my wife during a legal separation?

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: My wife and I are considering legal separation but we are unclear as to the time limit in the state of Tennessee. Is it only for a year or can it be longer?

Because of a heart condition, she is considered uninsurable and needs to stay on my insurance. Is legal separation our only option?

Answer:

Ask a Divorce Lawyer: Who needs to be notified in order for me to modify support?

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: Is my lawyer required to contact my wife's original divorce attorney in a child support modification issue?

We were originally divorced over 10 years ago. I was under the impression that we could file the motion in court without contacting her old attorney.

Answer:

Because I do not practice in Colorado, I cannot tell you whether thereRead More...

Ask a Divorce Lawyer: Will I automatically get placement of my kids if my ex violated the ...

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: My ex wife and I have joint custody of our 8-year-old daughter. She recently moved to Dallas without telling me.

In the divorce decree it states that she cannot move more then 150 miles for my hometown. Dallas is over 300 miles away.

What should I do about this since she’s already moved? I can’t make her move back, right, but I should be Read More...

Ask a Divorce Lawyer: What is the statute of limitations on nonpayments of support?

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: In 1991, I was ordered to pay a one-time payment of $550 to my wife as part of the divorce decree. I paid via money order and no longer have the receipt.

Now, almost 20 years later and with our son almost 20 and in college, she is suing me for the $550 she says she never received! Not once has this been brought up since 1991.

Is there a statute of liRead More...

Ask a Divorce Lawyer: Can the non-modifiable alimony be set aside if I lost my job?

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: I was divorced two years ago and the decree required payment of $1,700/month for spousal support until the house was sold. The court decree did not require the house to be put on the market and no timeline to get it sold.

So two years later, alimony has not started (alimony was mediated and fixed). At the time of the divorce I made over $100,000/year and my ex diRead More...

Ask a Divorce Lawyer: When the parents aren't together, who has the right to claim a child on taxes?

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: My daughter’s dad, who I never married and my daughter doesn’t live with, wants to claim her on his taxes.

Can he do that? He is the legal father but we weren’t married and she hasn’t lived with him in 16 years.

Answer: First, I must preface that I do not practice in your jurisdiction. You should contact anRead More...

Ask A Divorce Lawyer: Will there be any backlash if I leave the home while deciding upon a divorce?

pmcmahon — Sun, 17 Jan 2010 05:00:00 +0100

Question:

My wife has asked me to find somewhere else to stay. I am considering finding a place to stay for a couple of weeks. How will this reflect as far as any kind of backlash if we end up getting a divorce?

Answer:

Because I am licensed to practice law in Michigan, I can only give you general information, Cordell Read More...

Ask A Divorce Lawyer: I pay child support, so don't I have visitation rights?

pmcmahon — Sun, 17 Jan 2010 05:00:00 +0100

Question:

I found out about a year ago that I have a daughter that is now 5 years old. I am currently paying child support for her, as well as the back support for the past 4 years. I was never married to her mother. She actually thought this child was someone else’s until the DNA test proved her wrong.

What rights do I have to my daughter as far as visitatRead More...

Ask a Divorce Lawyer: Could my wife get alimony if my income goes up after the divorce is final?

Matt Allen — Sun, 17 Jan 2010 05:00:00 +0100

Question: Do I have to pay alimony since I have only made $8,000 a year the last 3 years due to a medical reason? Also, my wife made more like $15,000. She just had ex parte; she had an attorney and I didn’t. She wants child support, alimony and fees, and got 50/50 custody.

Does she get alimony if I make a lot more money after the divorce is final? I’m alsRead More...

Ask a Divorce Lawyer: Can my girlfriend legally take our child anywhere without my permission?

Matt Allen — Sat, 16 Jan 2010 05:00:00 +0100

Question: My brother and his girlfriend are having a child. They live in Missouri, but she is from Nevada and sometimes talks about moving back there, which my brother doesn’t want to do.

If the child is born here in Missouri, can she legally take the child to Nevada, or wherever else, without his permission?

Answer:

I cannot answer your Read More...

Ask a Divorce Lawyer: Is severance pay considered "employment income" used to pay ...

Matt Allen — Sat, 16 Jan 2010 05:00:00 +0100

Question: I reside in Indiana. I have recently lost my job, but I am receiving 6 months severance pay. I am paying both child support and spousal maintenance.

My divorce agreement (Property Settlement Agreement) states that spousal maintenance ceases upon loss of employment, but does not specifically mention whether receipt of severance pay is considered “employment Read More...

Ask a Divorce Lawyer: Is there a basic right of visitation since I pay weekly child support?

Matt Allen — Sat, 16 Jan 2010 05:00:00 +0100

Question: Can my ex prevent me from seeing my kids? We do not have a custody agreement through the state.

Nonetheless, is there a basic right of visitation being that I do pay weekly child support?

A few months ago she totally stopped all means of communication (visitation, phone calls, email, etc.) between not only me and my daughters, but my daughters and myRead More...

Ask a Divorce Lawyer: Can the courts force my ex to keep a phone line so I can call my kids?

Matt Allen — Sat, 16 Jan 2010 05:00:00 +0100

Question: My former spouse changes her phone number constantly. She does not have a home phone where I can call my children. She only has a cell phone and in the past 6 months she has had 6 different numbers.

Can I solicit the courts to order her to have and maintain a land line home phone so I can call my kids?

Answer:

I need more information Read More...

Ask a Divorce Lawyer: Can I transfer property rights before my divorce then have it transferred ...

Matt Allen — Sat, 16 Jan 2010 05:00:00 +0100

Question: I have a piece of property in North Carolina that was deeded to myself, two sisters, and two cousins from my grandmother. My wife’s name is not on the deed.

My wife and I have been married for 27 years and she left me in July. I don't want the property to get in the divorce proceedings so I want to transfer my rights to the property to my sister who is alreRead More...

Ask A Divorce Lawyer: What do I do when the car is in my name but belongs to her?

pmcmahon — Sat, 16 Jan 2010 05:00:00 +0100

Question:

The divorce decree says the car is hers but it’s in my name. What can I do?

Answer:

Does your divorce decree require her to take any actions to remove your name from the vehicle? Changing the title to a vehicle is something that has to be done through the Department of Motor VehiRead More...

Ask A Divorce Lawyer: What are my rights when she refuses to let me see my kids?

pmcmahon — Sat, 16 Jan 2010 05:00:00 +0100

Question:

I currently have joint custody, but my ex-wife won't let me see my kids, so I am wondering what my legal rights are? I can get an order from the court saying she has to let me see my kids, but when she doesn’t what can I do? The judge can’t follow me around and be there every time she refuses my visitation. Who can actually enforce this?

Ask A Divorce Lawyer: Can I get the alimony I receive from her increased?

pmcmahon — Sat, 16 Jan 2010 05:00:00 +0100

Question:

My wife of almost 20 years decided while I was on a three-day trip to just get up and leave. She left the three kids behind and moved in with her friend. This happened 3 months ago. Two of our sons, ages 13 and 16, are bipolar and demand a lot of time. The third is 18 and in college. My wife has been paying support for two of the kids, but not the one in collegeRead More...

Ask a Divorce Lawyer: Do placement and custody rights automatically transfer to my ex when I deploy?

Matt Allen — Sat, 16 Jan 2010 05:00:00 +0100

Question: I have a step-child with my wife whose ex-husband is going to be deployed for 12-18 months with the Army. He was told by the JAG that his new wife holds the same visitation rights as he does and that she is entitled to the same visitation he would receive regardless of his deployment.

My wife and her ex-husband have joint legal and physical custody with our Read More...

Ask A Divorce Lawyer: Can I claim my son on my tax returns even though my ex has claimed him ...

pmcmahon — Sat, 16 Jan 2010 05:00:00 +0100

Question:

I am divorced. My son lives with me. My ex claimed our son on her income tax return for the two years that he has physically lived with me. Neither of us pay support to the other. Can I claim my son on my returns and will my ex have to repay the government?

Answer:

Generally, the custodial parent is Read More...

Ask A Divorce Lawyer: I'm getting the child support so isn't she responsible for the ...

pmcmahon — Sat, 16 Jan 2010 05:00:00 +0100

Question:

We have joint custody and the mom is paying child support to me. So shouldn’t be responsible for all, or at least half, of the child’s daycare/afterschool care?

Answer:

The first thing you should do is refer to your divorce decree or paternity judgment. There may be a provision which goveRead More...

Ask A Divorce Lawyer: How do I get visitation rights?

pmcmahon — Sat, 16 Jan 2010 05:00:00 +0100

Question:

My ex-girlfriend and I have split up, and she is refusing to let me see my 2-month-old daughter. She just wants to fight about the past and can’t let go. Now she is using our daughter as leverage over me. I don't know where to go from here. Do you have any advice on how I can get rights to visit my daughter?

&nbRead More...

Ask A Divorce Lawyer: What is required for my daughter to be emancipated?

pmcmahon — Sat, 16 Jan 2010 05:00:00 +0100

Question:

I am a transsexual (woman/dad) and divorced. I have legal rights and visitation to my kids. My daughter, 15 years old with a baby, wants to emancipate herself from my legal rights and me. I agree to it but do not have a clue as to what to do. What do we need to do to get the ball rolling and finish this horrible experience?

Ask a Divorce Lawyer: Can I gain full custody if my child wants to live with me and his mom ...

Matt Allen — Sat, 16 Jan 2010 05:00:00 +0100

Question: I am the primary custodian of my 13-year-old son. He wants to stay with me full time because his mother takes her anger out on him because she's mad at me.

She also threatens him that her stepfather will spank him. Could I get full custody based on his age and the other issues she takes out on him?

Answer: Those two factors, your Read More...

AP story on job losses impacting child support features Joseph Cordell

Matt Allen — Fri, 15 Jan 2010 22:04:05 +0100

As unemployment rises nationwide, many divorced parents are unable to make their child support payments resulting in a surge of payment modification requests, according to an Associated Press article that quotes Joseph Cordell, Principal Partner of Cordell & Cordell, P.C.

With many job cuts coming in the manufacturing and construction induRead More...

Ask A Divorce Lawyer: Am I responsible for her debts since she's moving out?

pmcmahon — Fri, 15 Jan 2010 05:31:30 +0100

Question:

My wife is moving out before the divorce is final. She has the lease and utilities in her name. If she cannot pay them, am I responsible for her debts since I’ll be living here?

Answer:
You need to consult a domestic litigation attorney licensed in your state as marital debt responsibilities and divorces vary from sRead More...

An in-depth look at custody and the battle between Bristol Palin and Levi Johnston (Part 3)

Matt Allen — Fri, 15 Jan 2010 05:00:00 +0100

By Erica Christian

Attorney, Cordell & Cordell, P.C., Milwaukee office

Note: This is Part 3 of a series of articles focusing on the Bristol Palin/Levi Johnston custody battle. Click here to read Part 1 and click here to read Part 2.

What about while the case is pending?

Paternity cases can take months to resolve. I’m sure Levi would like to see Tripp while the case is pending and Bristol would probably like child support. If the two can come tRead More...

Money Made Easy: The American Dream

Matt Allen — Fri, 15 Jan 2010 05:00:00 +0100

Dan Danford, host of Money Made Easy, has heard people lament that The American Dream is dead; that future generations won't have it as good as we did. Well, he's here to tell you it's not true.

Danford, MBA, CRSP of Family Investment Center, uses his own 30 years of experience as a small business owner and financial advisor to offer tips on how to build your American Dream.

Ask A Divorce Lawyer: How do I find the procedure for self-filing a modification of child support?

pmcmahon — Fri, 15 Jan 2010 05:00:00 +0100

Question:

I am divorced, unemployed since April, but have kept up-to-date on child support of $725 a month. I have two children, a 23-year-old non-student and a 19-year-old high school student. How do I find the procedure for self-filing a modification of the child support plan?

Answer:

AlthoughRead More...

Ask A Divorce Lawyer: Can my ex take my state and federal income tax returns for back support?

pmcmahon — Fri, 15 Jan 2010 05:00:00 +0100

Question:

I owe a little over $60,000 in back support to my ex-wife. This is from an order stating all of that money was unallocated support. We have since been back to court and the judge ordered I pay $10 a week towards the arrearages in addition to the new order that is now broken down into child support and alimony.

My ex is now trying to take both my state aRead More...

Ask a Divorce Lawyer: Is it abandonment if I leave my 17-year-old with her older sister but ...

Matt Allen — Fri, 15 Jan 2010 05:00:00 +0100

Question: I am in the process of a divorce and my wife left me and my daughter in Tennessee. My daughter will be 18 in March. I was hired for a job out of state and I am due to leave by my daughter’s 18th birthday. She is still in high school.

Rather than leave the state with me, she wants to stay in Tennessee with her 20-year-old sister. Am I abandoning her if I proRead More...

Ask a Divorce Lawyer: My wife and I both have restraining orders. ...

Matt Allen — Fri, 15 Jan 2010 05:00:00 +0100

Question: My wife and I had a horrible break up. She began seeing another man. After my wife and I had a few very heated arguments, she left with our three children camping for almost a full week with the man in question. The next day (after I took the children to a safe house) my wife and I had another argument. She pushed me into a box of junk cutting my arm, so I restrained herRead More...

Joseph Cordell appears on The Matt & Ramona Show

Matt Allen — Thu, 14 Jan 2010 16:00:03 +0100

Joseph Cordell, Principal Partner of Cordell & Cordell, P.C., a firm focusing on men in divorce, appeared on nationally syndicated radio program The Matt & Ramona Show to discuss common issues of divorce.

Cordell answered questions from listeners and dispensed advice on a number of topics, including maintenance, documentation, the advaRead More...

An in-depth look at custody and the battle between Bristol Palin and Levi Johnston (Part 2)

Matt Allen — Thu, 14 Jan 2010 05:00:00 +0100

By Erica Christian

Attorney, Cordell & Cordell, P.C., Milwaukee office

Note: This is Part 2 of a series of articles focusing on the Bristol Palin/Levi Johnston custody battle. Click here to read Part 1 and click here to read Part 3.

What are his rights?

News of the breakup allegedly came from Levi’s sister who told Star magazine that Bristol was making visitation nearly impossible. She also participated in the Larry King Live interview which revealeRead More...

Ask A Divorce Lawyer: What does a Legal Separation say about various responsibilities?

pmcmahon — Thu, 14 Jan 2010 05:00:00 +0100

Question:

How long does it take to get a legal separation if both parties want it done swiftly? If a couple is separated but one of the persons has no where to go, is it OK if that person stays in the house along with the other spouse without getting in trouble? Also, if a couple is separated, is the other party responsible for medical bills that the other incurs?

Ask A Divorce Lawyer: Can cohabitation change alimony and child support?

pmcmahon — Thu, 14 Jan 2010 05:00:00 +0100

Question:

I was divorced about a year and a half ago. I was talked into sharing a lawyer because we didn't have much money and she told me that she wanted to work thing out. I was misled. She got the house, 95% of the belongings, and I took the debt (exceeding $30,000). I pay $3,000 a month in combined alimony and child support. All told I’m left with about $1,000Read More...

Ask a Divorce Lawyer: Can the court force one of us out of our mutually-owned home?

Matt Allen — Thu, 14 Jan 2010 05:00:00 +0100

Question: Can one spouse be forced out of a mutually-owned house before, during or even after the divorce process?

We are in the process of getting a divorce and neither of us wants to leave and essentially give up this house.

Answer: If both of your names are on the title of the property or if your state considers the home marital pRead More...

Ask a Divorce Lawyer: Do I have a better chance of modifying my child support now due to the ...

Matt Allen — Thu, 14 Jan 2010 05:00:00 +0100

Question: I was laid off in June 2009 from the paper industry and filed for a modification to child support. The ex is fighting this modification saying I should continue paying the same support based on the $90,000 a year I made. There are no jobs in the paper industry especially at that salary. I applied and started a re-training program in Diagnostic Medical Sonography, which iRead More...

An in-depth look at custody and the battle between Bristol Palin and Levi Johnston

Matt Allen — Wed, 13 Jan 2010 05:00:00 +0100

By Erica Christian

Attorney, Cordell & Cordell, P.C., Milwaukee office

Note: This is Part 1 of a series of articles focusing on the Bristol Palin/Levi Johnston custody battle. Click here to read Part 2 and click here to read Part 3.

We see it everyday. Mom files a petition for sole custody and placement alleging that the only safe place for the child is in the arms of the mother. A child needs his or her mother and she is the only one who knows what is besRead More...

Ask A Divorce Lawyer: Can I legally take my daughter out of state?

pmcmahon — Wed, 13 Jan 2010 05:00:00 +0100

Question:

I currently live in Michigan and my daughter lives in North Carolina with her mother. We have a child support order in place but no divorce or custody agreement set. I informed my daughter’s mother I will be picking her up for Christmas so my daughter can come visit me and my family. She told me that she will not allow me to take my daughter out of staRead More...

Ask A Divorce Lawyer: How do I remove my spouse's attorney due to a conflict of interest?

pmcmahon — Wed, 13 Jan 2010 05:00:00 +0100

Question:

I met with an attorney 7 months ago and paid that attorney $50 to begin bankruptcy proceedings. I provided the attorney with all my personal financial information. I later decided not to file. Now my spouse is using this attorney in our divorce. I am very uncomfortable with that lawyer having all my information. Is this a conflict of interest?

I will noRead More...

Ask a Divorce Lawyer: Does it take both parties to complete a divorce?

Matt Allen — Wed, 13 Jan 2010 05:00:00 +0100

Question: My wife had an affair and I would like to divorce her. Can I complete the divorce paperwork without her participation? Or does she need to sign the agreement or be involved in any way for the divorce to happen? Does it take both parties?

Answer: First I must preface my answer that I do not practice in Colorado. However, Cordell & CRead More...

Ask a Divorce Lawyer: What can I do to change the proposed condition in our divorce?

Matt Allen — Wed, 13 Jan 2010 05:00:00 +0100

Question: What can I do to change the proposed condition in our divorce? She filed for divorce claiming that I have caused our family to break apart because of a gambling issue, our financial problems, and many disagreements. I admitted my mistakes and signed the divorce papers without disagreeing to all her requests. I found out later that she had been gambling constantly and hadRead More...

DadsStory: Beef Stews for your Crock-Pot

pmcmahon — Tue, 12 Jan 2010 17:39:44 +0100

Submitted by: JT

Sometimes it’s just nice to come home from a long day at work and find food warm and ready to eat. That’s what is so amazing about using a crock-pot. There is usually very little preparation time involved and you can leave it on while you go to bed or work and come back into the kitchen 8 to 10 hours later andRead More...

DadsDivorce In the Studio: January 12

Matt Allen — Tue, 12 Jan 2010 05:00:00 +0100

DadsDivorce Live host Rick Ortiz shares what's new on DadsDivorce this week.

A House Divided: Dealing with your home in divorce (Part 2)

Matt Allen — Tue, 12 Jan 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 2 of a two-part series. Click here to read Part 1.

In today’s downward economy, with home foreclosures having been at their highest, many couples face a common predicament; their mortgages exceed their home’s value. They cannot Read More...

Ask a Divorce Lawyer: Can my ex sue for back child support if she found out I lied about my income?

Matt Allen — Tue, 12 Jan 2010 05:00:00 +0100

Question: My husband was not married to his daughter’s mother. Their child is now 20 years old, and he has always paid his child support.

In 2008, after the daughter was 18, my husband’s ex filed a complaint with the court that he did not pay what should have been paid claiming that he lied about his income. She knew how much he made because they did a refinancRead More...

Ask a Divorce Lawyer: If I give up joint custody so my kids can have a more stable life, will ...

Matt Allen — Tue, 12 Jan 2010 05:00:00 +0100

Question: My brother is divorced with four kids, including two with special needs, and the custody is split 50-50 in terms of visitation time. He is currently paying $400 each month in child support.

The two weeks with him, then two weeks with their mother is affecting the children both mentally and physically, especially the two with special needs. He is willing to gRead More...

Ask a Divorce Lawyer: Can I void a divorce document if I felt tricked into signing it?

Matt Allen — Tue, 12 Jan 2010 05:00:00 +0100

Question: I am an ex spouse of a retired military officer. During the proceedings, which I had no knowledge of, I was in and out of the hospital due to my disability.

I signed what I thought were just routine divorce papers, but instead were papers waiving my right to my ex’s retirement pay.

Is there a way to void this since I felt tricked into doing so Read More...

Ask a Divorce Lawyer: Violating custody orders

Matt Allen — Tue, 12 Jan 2010 05:00:00 +0100

Question: My boyfriend has a 4-year-old son. He shares 50% custody with the child’s mother. The mother is in contempt of court since she violated the custody orders and moved two hours away and out of the county. In the past, she last left the child with his dad for nearly 4 months with no contact, frequently misses picking up her son when her week starts, is late droppinRead More...

Ask a Divorce Lawyer: My child support went up when my child went away for college. ...

Matt Allen — Tue, 12 Jan 2010 05:00:00 +0100

Question: My husband has joint custody (per divorce decree) of his 19 year old and 14 year old. The 19 year old recently started college. My husband went to his lawyer to adjust child support to account for the student going away for college. Instead, his child support requirement went UP. His ex-wife only makes $20,000 a year and her income literally has not changed since their divorce Read More...

A House Divided: Dealing with your home in divorce

Matt Allen — Mon, 11 Jan 2010 13:44:11 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

It's a big house, we'll divide it up! You stay in your half, I'll stay in mine! Walter and Anna argue as their house, and their marriage, fall to pieces around them.

Walter and Anna searched for a house but could not afford much. When Walter’s real estaRead More...

Ask a Divorce Lawyer: Can a third party have standing to interfere and stop a divorce?

Matt Allen — Mon, 11 Jan 2010 05:00:00 +0100

Question: Temporary custody of our three grandchildren was given to the kids’ aunt and uncle, who are blood relatives of the kids’ deceased mother rather than giving custody to the kids’ father. The case is still in appeals as our son (the kids’ father) wasn’t given due process.

Now the aunt and uncle are getting a divorce and the aunt is giviRead More...

Ask a Divorce Lawyer: Is income of the parties a factor in deciding who gets custody?

Matt Allen — Mon, 11 Jan 2010 05:00:00 +0100

Question: I live in Missouri and am going to get a divorce. I was wondering what is the biggest factor in who will get the kids?

My wife makes a lot more money, but I’m the one who takes care of them most of the time, drop off and pick up from daycare, make the dinner, bathe them, etc.

Will any of that pay a factor or will the courts simply side with theRead More...

DadsDivorce Live: Social worker Gary Direnfeld

Matt Allen — Mon, 11 Jan 2010 05:00:00 +0100

DadsDivorce Live host Rick Ortiz visits with social worker Gary Direnfeld, who is considered an expert on social work, marital and family therapy, child development, parent-child relations, custody and access recommendations.

Dubbed "Your Social Worker," Direnfeld recently wrote an article saying a 50-50 split residential arrangement may equal a loss of relationship with your children in the long run.

He writes, "As soon as the argument over the kids becomes about the Read More...

Ask a Divorce Lawyer: Should I have to pay for daycare if I can watch the kids while my ex has them?

Matt Allen — Mon, 11 Jan 2010 05:00:00 +0100

Question: I currently pay child support and 100% of daycare expenses for our two children. My ex-wife and I have joint custody. Over Christmas break when there was no school, my ex-wife claimed that I had to pay for our son while he went to daycare. I was under the assumption that I am only responsible for his after-school and summer daycare expenses, not school days off. Mind Read More...

Ask a Divorce Lawyer: How do I handle my ex coming into my home without my consent?

Matt Allen — Mon, 11 Jan 2010 05:00:00 +0100

Question: My ex-wife and mother-in-law were allowed into my house by our 12-year-old daughter while I was out of the house. Without my consent, furniture was moved from her room. How do you suggest I deal with this situation?

Answer: I would speak with your ex-wife and explain that it was inappropriate (outside of an emergency) to enter your home without your cRead More...

Ask a Divorce Lawyer: How do you settle an issue that's not addressed in the divorce decree?

Matt Allen — Sun, 10 Jan 2010 05:00:00 +0100

Question: I have primary physical custody and the other parent has our kids two nights a week for dinner only.

Who is responsible for transportation of the kids on those two "dinner nights"? It’s not addressed in our divorce decree.

How do you add a condition to the decree?

Answer: If there is not a provision in the divorce decRead More...

Ask a Divorce Lawyer: My cheating wife says if I divorce her no matter what she gets half of ...

Matt Allen — Sun, 10 Jan 2010 05:00:00 +0100

Question: Through the Internet, my wife has found someone that she says she loves more than me. She is having sex chats and video sex with him on our computer.

I’ve confronted her about this and she says if I divorce her then she gets at least half of everything. Is this true?

Answer: Because I do not Read More...

Ask a Divorce Lawyer: If I believe my ex is using drugs, can she be forced to a drug test?

Matt Allen — Sun, 10 Jan 2010 05:00:00 +0100

Question: My ex wife has primary physical custody of our three children all under 8 years old. We share legal custody.

She has a history of drug use and I have reason to believe that she, along with her live-in boyfriend, is using marijuana again.

Can I have her drug tested? How do I get the court involved in this?

Ask a Divorce Lawyer: What's the best strategy to get the custody I want?

Matt Allen — Sun, 10 Jan 2010 05:00:00 +0100

Question: My wife has been cheating on me. When I found out I confronted her and she told me all about the affair. I don’t have any physical evidence though.

We have a 3 year old and I want joint custody with me as the primary caregiver. What should I do to try and get the custody that I want?

Answer: I am not licensed in the State oRead More...

Ask a Divorce Lawyer: After being divorced for 4 years I find out my son isn't mine. ...

Matt Allen — Sat, 09 Jan 2010 05:00:00 +0100

Question: After being divorced for four years I find out that my son is probably not mine.

What should I do?

Answer: First, I am very sorry. This is a horrible situation for any man to go through.

You should contact a domestic litigation attorney licensed in Indiana immediately. Although I do not practice in your jurisdicRead More...

Ask a Divorce Lawyer: Can her ex have his child support increased based on my additional income?

Matt Allen — Sat, 09 Jan 2010 05:00:00 +0100

Question: My wife’s youngest daughter, now a high school senior, has decided to move in with her biological father. As such, my wife told her ex husband to stop paying the child support of $833 each month since the daughter will now be living with him.

Her ex husband has now decided to take her back to court for child support for him even though her income has not chRead More...

Ask a Divorce Lawyer: Years ago I hit my wife. ...

Matt Allen — Sat, 09 Jan 2010 05:00:00 +0100

Question: I want to divorce my wife. She continually accuses me of chasing women and constantly forces me to leave work early to take care of our 9-month-old daughter because she claims she’s “sick.” I think she just wants me to be at home to always monitor me. She is unemployed and can’t handle taking care of our daughter any extended period of time. She won't Read More...

Ask a Divorce Lawyer: What does child support cover?

Matt Allen — Sat, 09 Jan 2010 05:00:00 +0100

Question: I am finalizing our separation and will use the formula for alimony and child support. My wife is asking that we further split costs of extracurricular activities. I am unsure what, exactly, child support is intended to cover and what it does not cover. Understanding that will allow a clean break, instead of reconciling receipts every month to see who owes what.

I Read More...

Ask a Divorce Lawyer: How are expenses not identified in the decree divided?

Matt Allen — Fri, 08 Jan 2010 05:00:00 +0100

Question: What are the reponsibilities of each parent for paying for extracurricular activities, such as dance lessons and martial arts training?

If these expenses are not identified in the separation agreement, how are they divided?

Answer: First, I must preface that I do not practice in your jurisdicition. You should contact an attorney lRead More...

Ask a Divorce Lawyer: Can my ex take my kids away from me 7 years after I became the custodial ...

Matt Allen — Fri, 08 Jan 2010 05:00:00 +0100

Question: Seven years ago, I got divorced in Illinois and was named the custodial parent of my children. Since then, I have moved to Texas.

Now, 7 years after the fact, my ex suddenly is filing a request to take the kids away from me. There has been no wrongdoing on my part, I don’t have a criminal record or anything, and I’m recently married with a very happy,Read More...

Should she stay or should she go? Dealing with the other women in your divorce (Part 3)

Matt Allen — Fri, 08 Jan 2010 05:00:00 +0100

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 3 of a three-part series. Click here to read Part 1 and click here to read Part 2.

Insiders and Property Division

Faced with a sizable loss if forced to divide an investment account, sell a vacation home or otherwise divide property acquired duRead More...

Money Made Easy: Professional Help

Matt Allen — Fri, 08 Jan 2010 05:00:00 +0100

Dan Danford, host of Money Made Easy, talks about when to utilize professional help when it comes to your financial planning.

Danford, MBA, CRSP of Family Investment Center, uses his own 30 years of experience as a small business owner and financial advisor to offer tips to help secure your financial future.

Blog entries

Lessons To Learn from the Bristol Palin/Levi Johnston Child Support Order (Part 2)

Money Made Easy: Life Insurance

Ask a Divorce Lawyer topics for March 9: Marriage certificates; rights to home during divorce; ...

DadsDivorce In the Studio: March 9

Lessons To Learn from the Bristol Palin/Levi Johnston Child Support Order

Ask a Divorce Lawyer topics for March 8: Daycare expenses; paying child support while unemployed

Finances & Divorce: Be proactive to minimize the other expert’s fees

Ask a Divorce Lawyer topics for March 5: Appearance at hearings; emancipation and military; ...

Confronting an Order of Protection in the Wake of a Divorce (Part 2)

Ask a Divorce Lawyer topics for March 4: Legal right to share information; emancipation; ...

Confronting an Order of Protection in the Wake of a Divorce

DadsDivorce Live: Getting to Know Vocational Experts (Part 2)

Ask a Divorce Lawyer topics for March 3: Mutual agreements on child support; paying for medical ...

Common Questions on Divorce and Taxes

Money Made Easy: How to Save

Ask a Divorce Lawyer topics for March 2: Safety of children; marital property division; ...

Unemployed and Broke: How Can I Lower My Child Support?

Ask a Divorce Lawyer topics for March 1: Debt and marital property; bankruptcy; mutual ...

Stepping Up Fitness: Core Exercises (Level 2)

Ask A Divorce Lawyer: Do grandparents have any rights to see their grandchildren following a ...

Ask A Divorce Lawyer: If I emancipate my daughter, am I still responsible for her college expenses?

Ask A Divorce Lawyer: Do child support calculations take into account monthly pensions?

Ask A Divorce Lawyer: What is the time frame of a temporary divorce order?

Ask A Divorce Lawyer: Can we get an adoption overturned?

Ask A Divorce Lawyer: Can phone records be brought into a divorce case to prove affairs?

Ask A Divorce Lawyer: Can she use her boyfriends expenses to avoid paying her child support?

Ask A Divorce Lawyer: Are funds from the GI Bill taken for child support?

Ask A Divorce Lawyer: What visitation rights and financial burdens can we expect from a divorce?

Ask A Divorce Lawyer: Are dental and vision automatically included in the term "medical"?

Ask a Divorce Lawyer: Can my biological daughter's adopted parents keep me from seeing her once ...

Deserved Apology or Dangerous Admission?: The Secret Cost to Saying "I'm Sorry" (Part 2)

Ask a Divorce Lawyer topics for Feb. 25: Notification of moving states; Paying child support

DadsDivorce Live: Getting to Know Vocational Experts (Part 1)

Deserved Apology or Dangerous Admission?: The Secret Cost to Saying "I'm Sorry"

Ask a Divorce Lawyer topics for Feb. 24: Freezing assets; retirement payments; Claiming ...

Active Military Members and Divorce: Common Questions About Your Rights (Part 2)

Ask a Divorce Lawyer topics for Feb. 23: Home ownership in a divorce; restraining orders and ...

DadsDivorce In the Studio: February 23

Active Military Members and Divorce: Common Questions About Your Rights

Ask a Divorce Lawyer topics for Feb. 22: Modification to child support, maintenance

Joseph Cordell Discusses Tiger's Divorce on The Wall Street Journal This Morning

Grammy winner Marty Raybon talks divorce, new single "Daddy Phone"

Ask A Divorce Lawyer: How can she get a judgment against me when I was not notified?

Ask A Divorce Lawyer: What rights do I have to inherited property?

Ask A Divorce Lawyer: Do we need a lawyer, or can we do a pro se divorce?

Ask A Divorce Lawyer: Can she claim both kids on her taxes?

Ask A Divorce Lawyer: Can my support payments be modified when she starts receiving Social Security?

Ask A Divorce Lawyer: Can she take him back to court when the house goes into foreclosure?

Ask A Divorce Lawyer: Can my ex file a motion to reduce her child support obligation?

Ask A Divorce Lawyer: How can I get my children brought back?

Ask A Divorce Lawyer: Is there a time line on signing divorce papers?

Ask A Divorce Lawyer: Is child support decided by a formula?

Ask A Divorce Lawyer: Can she file a motion to keep me from leaving the state?

Ask a Divorce Lawyer topics for Feb. 19: Regaining parental rights; Modification to parenting ...

Ask a Divorce Lawyer topics for Feb. 18: Living arrangements; excess filing; decree and ...

DadsDivorce Live: Evidence and divorce with Andy Williams

Post-Divorce and Penniless: Are you entitled to divorced spouse social security retirement ...

Ask a Divorce Lawyer topics for Feb. 16: Jurisdiction; judge's orders not to discuss the case; ...

Post-Divorce and Penniless: Are you entitled to divorced spouse social security retirement benefits?

Ask a Divorce Lawyer topics for Feb. 15: Daycare; Verbal agreements and child support; Hague ...

Life After Her: Online Dating (Part 2)

Life After Her: Online Dating

Ask a Divorce Lawyer topics for Feb. 12: Appearing at hearings; military benefits and divorce; ...

Deciding to end a marriage: Should I file first?

Ask a Divorce Lawyer topics for Feb. 10: Child support and unemployment; paternity and child ...

Money Made Easy: Saving for College

Creative solutions for common divorce dilemmas (Part 3)

DadsStory: Easy Kid-Friendly Recipes

Ask a Divorce Lawyer topics for Feb. 9: Moving out during a divorce; back child support and ...

Creative solutions for common divorce dilemmas (Part 2)

Ask a Divorce Lawyer topics for Feb. 8: When child support ends; out-of-state visitations; ...

Creative solutions for common divorce dilemmas

Ask a Divorce Lawyer: Can my ex move states with our daughter because her new husband is going ...

Ask a Divorce Lawyer: Am I eligible for support payments if I'm disabled living off government ...

Ask a Divorce Lawyer: How can I get a judge to reconsider a protection order?

Ask a Divorce Lawyer: Can I relinquish a decision I signed off on in the court order?

Ask a Divorce Lawyer: Our decree says my ex cannot get any money from my pension, but now she's ...

Ask a Lawyer: Attorney in Texas

Ask a Lawyer: Alimony & child support payments more than I make