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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.

Jun 07

2007

Ask a Lawyer: can i lose full custody

Posted by Dads Divorce in Rules , Procedures , NC , Ask A Lawyer

Question:

I have had full custody of my three kids since 2004. My ex hasn't seen them in about 3 years. Just recently child support has found her and is making her pay child support for them. At the court hearing I got a civil suit from her lawyer saying that she has filed for full custody of the kids. I just want to know if there is a time limit on custody, do the papers expires, and can the case be reopen if it has been closed for about three years?

Answer:

Allow me to preface my answer with the statement that I am not licensed to practic in North Carolina. Yes, custody and support are modifiable so long as the children are minors. She will have a very uphill battle to prove it is in the children's best interests to live with her since she has had such limited contact with them for 3 years.

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Jun 07

2006

Ask a Lawyer: Do I have any rights to help me?

Posted by Dads Divorce in Rules , Procedures , NC , Ask A Lawyer

Question:

I was married by law on May 11, 1996 in Connecticut and married again by church on May 14, 1997 in Florida. Now in May of 2007 my husband has left me, quit his job and has taken all the money. I have not worked since January 2006 because he said he would take care of me. At this point, I have no money, no job prospects and a 9 year old son who needs medication. We have no health insurance since my husband quit his job. I do not have any money to hire a lawyer. Are there any laws I can use to get some help?

Answer:

I am not licensed in North Carolina. I recommend that you consult an attorney in your state to determine the exact procedure for filing a divorce. Although you do not say you are ready to file for divorce in your question I will assume that is the next step you will want to take. If you and your husband have a child together, he will have an obligation to support your child. He may or may not have an obligation to support you. Some states do allow for spousal support. The length, amount and basis for support will vary from state to state. A divorce will also divide all the assets and liabilities of the marriage.

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Mar 07

2006

Ask a Lawyer: Statute of limitations to appeal terms of divorce

Posted by Dads Divorce in Rules , Procedures , NC , Ask A Lawyer

Question:

My wife divorced me three years ago while I was extremely mentally ill. I am a disabled veteran receiving social security and V.A. disability. I had depression, PTSD, and was diagnosed with Bipolarize shortly before the end of our marriage. I was unrepresented and did not challenge anything that my wife wanted. We were in Washington State and I felt like moving quickly was the only option for saving my life and obtaining competent medical care as I had not received it in the prior 11 years in Washington State. How long do I have to challenge the terms of the divorce and at least get a fair day in court?

Answer:

Every state will have different requirements concerning the time to file a motion to set aside or reconsider. If you can show that you were mentally ill at the time of the divorce you may be able to extend the time you have. Since the time limits will vary you need to consult an attorney in Washington where the divorce was ordered. Do not delay as the time limits are usually fairly short.

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Jan 05

2005

Ask a Lawyer: Currently stationed in Iraq

Posted by Dads Divorce in soldier , NC , multi-state , military service , Maintenance , Iraq , garnishment , duty , Child Support , Ask A Lawyer

Question:

My new wife was just served with a complaint from Pennsylvania where we live. It was sent by the state of North Carolina where my ex lives. She is requesting more money. They requested me to show up but I currently live in Iraq... She filed this motion in NC and in PA. So I have NC garnishing my money and I have PA requesting documents from me to modify and garnish my wages... What am I to do?

Answer:

Have your current wife retain an attorney and seek protection under the Soldiers and Sailor's Relief Act. This Act prevents the prosecution of litigation against military personel on active duty. This will delay the action until your return, but not prevent the action from going forward when you return. With regard to the situation presented, it appears from the limited information presented that the proper procedure under the uniform child support statutes is being followed. The State that is the residence of the child will perform the modification, but your State of residence will enforce the action.

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Ask a Lawyer: can i lose full custody

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Ask a Lawyer: Do I have any rights to help me?

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Ask a Lawyer: Statute of limitations to appeal terms of divorce

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Ask a Lawyer: Currently stationed in Iraq

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