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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 >> HI
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.
Nov 29
1999

Ask a Lawyer: 401k

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

Question:

I have been separated for 2 1/2 years. Married for 6 years. No money was afforded during marriage to contribute. Money was there from prior marriage. She left the marriage for another man. Is she entitled to 1/2 of my 401k? Thank you for your time.

Answer:

I cannot answer your questions specifically to the laws of Hawaii as I am not licensed in that State. It would appear that in most jurisdictions she would have a claim against your 401k that was acquired during the marriage. You seem to designate the "marriage" as a time period before your separated. Unless you are talking about a legal separation that was signed off by a judge you are still married and therefore assets acquired during the marriage are subject to a claim by your wife. If you were legally separated 2.5 years ago, she would not have a claim against the assets acquired after that time. In true community property States you may not even have an argument against dividing the assets. In non-community property states you may have an argument against her claim on the assets.
Nov 29
1999

Ask a Lawyer: Can my ex move to another state with our children?

Posted by Dads Divorce in Visitation , relocation , Parenting , HI , custody , Ask A Lawyer

Question:

Well to start off, we have joint custody and the visitation is split evenly on a week to week basis. I provide the children with medical and dental through my employer. I was just informed that my daughters mom has filed a motion to move off island. My question is...Is it possible for her to do that when we share joint custody??? Is there any way for me to keep the children here with me? What do I have to do to prevent her from taking the children away?

Answer:

I cannot answer your question specifically to the laws of Hawaii as I (sadly for me) am not licensed in that State. It is possible for her to relocate with the children, but based upon the joint physical custody and the distance involved she would have a difficult burden. Obviously if she is moving to a different island you would not be able to share fifty-fifty custody. Her move would be much more difficult if she is moving to a different State as compared to a different island in Hawaii. You should file a Motion to Modify custody and if applicable to your State a Motion in Opposition to Relocation. The court will look at what is in the best interest of the children. You can not prevent the relocation of your ex-wife, but the court can prevent the relocation of the children. The age of the children, involvement of the children in the community, the location of other family, the involvement of both parents and of high importance is her reason for seeking to move.
Nov 29
1999

Ask a Lawyer: physical custody vs. joint legal custody

Posted by Dads Divorce in Visitation , Parenting , HI , custody , Ask A Lawyer

Question:

My ex-wife and I share Joint Legal custody; however she has physical custody of the two children (eight yr-old daughter and three yr-old son). My kids get to visit one day during the week after school, every other weekend, half of all school breaks and we alternate holidays every year. My past weekend visit in which the kids were in my custody, I gave my three yr-old a hair cut. Upon dropping him off at his mother
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