Newsletter Sign Up

e-mail address:


Browse Popular Topics

Our 10 most popular categories each containing Ask a Lawyer answers, articles, and resources to help you.









 

 

 

 







 

 

 

 







 

 

 

 

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 >> FAQ
Jul 05
2009

Ask a Lawyer: How do "rights of first refusal" work when there is a stepmother involved?

Posted by Dads Divorce in weekend , schedule , right of first refusal , IN , holiday , FAQ , Ask A Lawyer

Question:

I would like some information on first rights. My fiance has joint custody of his daughter from a previous relationship. He gets the child one week and his ex gets her the next. He agreed to first rights in the custody agreement. My understanding of the Parenting Guidelines is that if he has to hire someone to care for the child on his week while he is at work, he must first give the mother the option for additional parenting time. Since we live together and I am available to keep her at home while he is at work, does he have to offer her first rights? We have been told that Indiana doesn't even have a first right statute any longer, but he put it in the custody agreement. She is so hostile that she wants him to not even leave the child with me for his doctor's appointments. She is constantly causing problems and as soon as we can afford to obtain an attorney we would like to take her back to court to have first rights taken out, to change the custody from one week to two at a time, and to have the court explain to her what reasonable and flexible means. We have tried to keep his daughter at home with me while he is at work, but she causes so much trouble that he relents and lets her take her. Neither one of them work 9-5 jobs. He works 1pm - 7pm, and she works at a BP gas station so her schedule can change from day to day. Even though she does try to keep a schedule on his week so that she is always available to have the child when he is at work. To show how unreasonable she can be - when his older daughter(child's half sister) graduated, she absolutely refused to extend any additional time so that we could take her with us. It was his week when we left on Wed but the graduation was not until Sat. This was also Memorial Day weekend (and it was her holiday). He offered her Fourth of July and all make up days for the extra time that we would have her. She basically told him that since I was going that he could not take her. That if his parents (who live in Alabama) wanted to take her that they could, but she didn't want me having any extra time with her daughter. It didn't matter that it was her sister's graduation. Even though he usually tries to get along and not rock the boat, we took her with us any way. It was pure hell when we got back. We save all of the voicemail messages that she leaves and record them on cassette tapes in anticipation of going back to court. Thanks for your help. Linda

Answer:

I am not licensed in IN and therefore cannot answer your question specifically to the laws of that State. We often put rights of first refusal into parenting plans, though I often do not recommend using them if the parents are unable to communicate. My typical language used for a right of first refusal includes a timeframe of 2-4 hours of estimated time that the child would be with a third party before the need to call the other parent kicks in. However, if the terms of right of first refusal is active, you as the fiance (or step parent for that matter) are a "third party" and the mother should be called before leaving the child with you. With regard to your Memorial Day incident, I believe the Mother was justified in giving you "hell" upon your return. It is not justified to take her weekend regardless of the reasons behind her refusal to trade weekends. She is not obligated to explain her reasons for refusing to trade holidays. The court order controls. It would be nice if people could always work together, be flexible in trading weekends or altering pick up times, but if the parties are unable to AGREE to a change, it is not justified that your fiance just take her weekend. Be careful returning to court if mother can show more incidents like you describe. It might end up that the father has less than fifty-fifty at the end of that fight.
Nov 29
1999

Ask a Lawyer: annulment of a marriage

Posted by Dads Divorce in TN , FAQ , Ask A Lawyer

Question:

My friend was convinced to come to Tennessee and let his sister who is deputy clerk marry him to a women his family felt was a good choice. He did. But he knew it was a huge mistake. He told her just after that it was and they have agreed to have it annulled. They both live in Virginia. What does he have to do? They say they did not sleep together. Please give me the general how to's. Does he have to have an attorney? How long will this take? etc Thank you

Answer:

I must preface my answer by saying I am not licensed in Virginia. Your friend really needs to speak to an Attorney in Virginia to see what the requirements are in your state. Not consummating the marriage may not be a requirement. In Indiana, sleeping with your spouse has nothing to do with annulment. You must show an incapacity or fraud. For example, being mentally ill, under duress, under the influence of drugs or alcohol. Sometimes it is just as easy to get a divorce as annulment. Again it will depend on the laws of your state.
Nov 29
1999

Ask a Lawyer: What are the limits for garnishment?

Posted by Dads Divorce in wages , motion , income , garnishment , FL , FAQ , Child Support , Ask A Lawyer

Question:

When my divorce took place my income was $150,000 per year. I lost the company I owned and was without income for a period that was long enough to devastate me. I am now employed again at less than half of the salary I used to make. I personally filed a modification of child support that has not gone to court yet during my unemployment. I am in the process of completing a new financial affidavit. My new employer received an income deduction notice from my ex-wife's attorney. Please note that I have paid what amount of support I can. My question is, can they do this deduction? It's for $1100 per month. I make $57,500 and now live in Washington DC where expenses are quite high. I can't afford to live if this much is deducted each month. The divorce took place in Florida. My boss (who is an atty - different field) told me to get a statement from an attorney or show a statute that will allow him to not deduct it. What can I do? Thanks. I'll pay for the letter and then hire an attorney to finish this case for me. I just need to do something immediately.

Answer:

I am sorry but I cannot write a letter on your behalf. This is a limited forum for answering specific questions. With regard to the issue at hand, federal law limits the garnishment to between 50% and 60% of your net income depending on dependents and age of the arrearage. Many States have separate limits also. For example Missouri limits the arrearage garnishment to one half of the current monthly support order plus the current support order. Therefore if you have a support order of $500.00 per month, the maximum that could be deducted from your check each month in Missouri is $750.00.