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

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> Ask A Lawyer
Nov 07
2009

Ask a Lawyer: whats the different

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

Question:

Can my arrears that I owe to the state be lowered are waived is there a different between the money I owe for child support and what I owe the state?

Answer:

I am not licensed in Missouri. I believe your question is concerning money paid by the state to support your child. In other words, your child received some type of welfare benefits. Normally, when a parent applies for assistance they have to give their right to collect support to the state. In other words, the support you pay each week or month goes to the state first. Once the state has recouped its money the remainder goes to the custodial parent. If you are behind on support a portion of your arrears may be owed to the state. Generally, the portion owed to the state cannot be waived. The portion owed to the custodial parent can sometimes be reduced by agreement. Contact an attorney in your state to review your file and determine exactly what is owed and to whom.
Nov 07
2009

Ask a Lawyer: SSI and child support

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

Question:

My child's father has been paying child support for the past two years while unemployed. He has now been approved for disability and they are going to make it retroactive to Aug. 2005. My child has also been approved and also will be made retroactive. Since I am the custodial parent the payment will come to me. Her father is stating that I need to return the past 2 years of child support to him from this lump sum payment since the amount is greater than his ordered payments. I think the money should be given to my 17 year old to apply towards college since he will stop payments at age 18 and has no order to help with college. Will I have to return the child support paid for the last two years?

Answer:

I am not licensed in Kentucky. However, I do not believe you are obligated to return the child support. The disability is not the same as support. If your ex has a pending child support modification then his support may be reduced retroactively. Even so, any money already received by you would be considered a gift and not recoverable. Do not return the money unless ordered to do so by a Court.
Nov 07
2009

Ask a Lawyer: Early Ending of Spousal Support

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

Question:

My ex-wife will be getting remarried in a few months and I am inquiring on how this might affect the spousal support I currently pay. I cannot find any language in the papers to suggest any financial changes. If this is so, what steps can I take to rectify this situation?

Answer:

I am not licensed in Kansas. The answer to your question might be found in the statutes (law) of Kansas. If the law states that alimony or spousal supports ends upon the spouse
Nov 07
2009

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

Posted by Dads Divorce in Legal Strategy , HI , Ask A Lawyer

Question:

My husband and I have been married 14 years marriage is irreconcilable and spouse is literally making me sick by stressing me out, which exacerbates my pain. I can no longer work license medically retired from military. We own a house in Hawaii, he works as a contractor and also retired from military with no child custody involvement Will I be awarded the right to stay in my home since I cannot be gainfully employed under any circumstances due to my daily pain level? I am on disability. The monetary benefits will not pay for the overhead of my house Will I be awarded alimony with my current employment status. I receive Medicare and TriCare for Life along with his employer medical benefits pay for my monthly pain meds. I can dress and feed myself he does not asset me in anyway. We have one vehicle which I paid for prior to my retirement but no longer drive ( I have a valid driver license). I have upgraded the interior and exterior of the home and all repairs, furniture and maintenance needed in the home are paid for by me. There are certain appliances in the home that benefit my medical condition paid for by my disability benefits. I wish to stay in my home since the interior and exterior upgrades benefit my medical conditions He pays for the mortgage, utilities, vehicle and home insurance. I pay for residential maintenance, family dental, TriCare, cable, cell phone bills, Home Association Fees and home maintenance insurance. Property taxes are exempted $150,000.00 due to my disabilities This man is an e-mail sex addict with other women and constantly runs up the cell phone bill calling women. Please help me. He is purposely keeping my pain level at a 10, which incapacitates me most of the time.

Answer:

I am not licensed in Hawaii. Every state will have different standards for awarding Alimony. However, the factors considered by many states are the earning capacity of the spouse and disability. Based on those factors you are in a good position. I recommend contacting an attorney in your state that can look at all the factors applying the law in Hawaii.
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