Dads Divorce - Free custody and alimony advice for men and fathers.
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Question: I have two vehicles which are both financed. My ex wants the use of one of the vehicles but wants me to continue to pay the bank payments as well as the insurance on both vehicles. I want to sell one of the vehicles after the divorce because I can not afford to make the payments on both. What are my rights in this situation? Also, she kept all of my guns and ammunition and sold them. What resources do I have available? Answer: First let me say I am not licensed to practice in New Hampshire. You must consult with an attorney in your state to determine the exact laws that will apply. The division of the assets will depend on what your settlement agreement or court order says. IF the court orders you to continue making payments on the car then you will have very little options. Is the car in both of your names? If your name is on the financing, it is obviously in your best interest to make the payments. If she wants to keep one of the cars, I would ask her to refinance the vehicle and remove your name. I would also make sure your divorce decree gives her a time period within which to accomplish this. It should also say that she is responsible for all payments. If she will not agree to these terms then have the court decide what should be done with the vehicles. As far as the sale of the guns, your recourse will most likely depend on when she took this action. Prior to filing of the divorce or during. Was there a restraining order on assets? If so, then she may be in violation of the order. If no order is in place and the sale occured during the divorce, I would make sure that the value of the guns is included in the marital estate.
Question: Can the custodial parent refuse child support payment if made by a personal check? Answer: If you are ordered to pay through the court system, state agency or have a history of providing checks without sufficient funds the custodial parent can refuse a direct personal check. In other circumstances, it would be unreasonable. Never pay child support in cash or other untraceable methods of payment.
Question: I am in the process of starting my divorce and I have an awkward situation. The spouse had a bad accident 2 1/2 years ago. She was awarded permanent disability from the VA and Social Security. I will be having full custody of our 4 year old son. Will she be obligated to pay child support or am I on my own? A lawyer in FL had told me if he were her lawyer he would fight to not have to pay child support. Answer: I cannot answer your question specifically to the laws of NH as I am not licensed in that State. The accident and declaration of permanent disability will negatively affect your claim for child support. In my jurisdiction, we would still run a child support chart based upon her income (from what ever source) and most judges would require her to contribute that amount. A court would be more likely to order the support per the chart if you have a relatively modest income. Depending on other factors such as length of your marriage, your income and the amount of property divided you could be in a situation to pay maintenance. If maybe advantageous to forgo child support up front to avoid a claim of maintenance.
Question: Is my overtime pay considered part of my annual salary when the court calculates alimony payments? If so, how does the court figures out how much to include or not? Answer: I am not licensed in New Hampshire. However, it is possible that your overtime would be counted. This will generally be true if your overtime pay is consistent. Meaning it is available to you on a regular basis and you normally have overtime hours. In other words, if you average 5hrs a week in overtime then it will likely be counted as income. Contact an attorney in your state to determine how overtime is treated in NH.
Question: Can alimony to ex-wife be reinstated eight years after original alimony payments have terminated per divorce agreement? If so, is the husband's inheritance received four years into his subsequent marriage subject to inclusion in figuring the new amount of alimony? Answer: Allow me to preface my answer with the fact that I am not licensed to practice or give legal advice regarding the laws of New Hampshire. I doubt that you can go back for such payments when the termination has been so long. However, this point is governed by your Decree and whether the alimony was modifiable in the future or not.
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