Dads Divorce - Free custody and alimony advice for men and fathers.
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 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 $1,000 a month to live on.
My ex has not worked since our two kids were born about 6 years ago. The kids tell me that she had her new boyfriend move in, she is now pregnant and they are getting married. I know it’s wrong, but I didn’t pay her alimony the past two months, only the child support, because I was so mad. Now that she’s married, she’s threatened to take me to court to get the unpaid alimony. She also wants to raise the child support amount.
What I want to know is, can she go after me for more child support? If she was cohabiting and they were giving her money (about half the house payment), can I argue for a lesser price in alimony? Is school supposed to be covered under child support? Can she get the child support raised?
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.
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Posted by Dads Divorce in Visitation , Visitation , supervised , Parenting , motion , KY , documentation , custody , custody , child , Ask A Lawyer
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Question: Although a court order was granted some time ago for a mere 9 hours a week, when my son starts school, the "set" schedule can not be applied. However, we had been able to work it out until Father's Day. I was given no set time to return him, and was called every 30 min in regards to "where are you" and "when are you coming", etc. After numerous interruptions in an otherwise wonderful day I shut my phone off, after all it was my day. Well when dropping him off, before I could even get a hug bye, we were greeted with me being berated and verbally abused in front of my son. Since then I have not been allowed to take him anywhere and only see him at her house at her convenience. If I return to court I am sure to have visitation virtually cut out based on the lies my ex told the judge before. Now she is mad. Will there be any recourse or action taken for her not allowing me to see him since the schedule was mutually altered when our child began school? Answer: Document the time that you were receiving before school started and the schedule that you have been following since the child began school. Find evidence and witnesses that will counter any lies that the mother would tell about you in court. Then file a Motion to Modify the custody schedule. There is not enough detail concerning why the visitation was so limited to provide a specific response to your question.
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Posted by Dads Divorce in wages , Separation , Rules , Procedures , posessions , KY , income , garnish , disability , asset , Ask A Lawyer
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Question: This question is in reference to a friend! He is currently seperated from his wife, and she has a truck (which includes both his name and her name on the title, but is in her possession). She hasn't been paying the note on the car and now the car dealership that owns it is currently garnishing his wages (she doesn't work but draws a disability check every month) because of her non payment. What if anything can be done to resolve this issue? And since they are seperated and she has full possesion of the vehicle can he maybe take her to court and get repaid the money that has been garnished from his checks? HELP!!! Answer: I cannot answer your question specifically to the laws of Kentucky as I am not licensed in that State. He needs to file for divorce or legal separation. When the matter is pending and his wife has been served with papers, he can filed for a temporary order (assuming KY has temporary orders) asking the court to require her to pay for the vehicle in her possession. In the final division of property he can ask for repayment of the lost wages per the garnishment. As the parties are not legally separated, half of his wages are her marital property and therefore it is unlikely that he will get the money back in the divorce.
Question: My divorce was final Oct 04. in Dec 05 my exwife consolidated her credit cards onto two cards that had had my name on them (joint). These cards had a zero balance and I thought they were closed, the credit card company has records where she took cash advances and paid off her other credit cards. We have three children together and joint custody. I have the children at least 50% of the time and that is soon to increase due to her taking a job traveling out of state a lot. I pay all of the insurance, M.D. bills, school lunches / activities etc. Court decree states we are to share all children related expenses. I have not received any money from her since Oct 05. Needless to say I can't afford any other payments. She is having a hard time making the payments and the credit card companies refuse to take my name off the cards. AM I RESPONSIBLE FOR HER DEBT? Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Kentucky. Was your name still on the cards when she took out these loans to pay off other debt? Was it after divorce? She is not entitled to incur debt in your name after the divorce. Check your Judgment to be sure, but she should have agreed to not incur any further debt in your name and to hold you harmless. So alhtough you should not be liable, you can be held liable by the credit card companies if your name is still on the account. I suggest that if you incur any expenses, etc. related to those debts you can take her back to family court for contempt for failure to pay her debts and request her pay you what you have been damaged.
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