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 >> asset
Question: My question is how does the courts detemine the amount of child support the spouse is paid. I have two kids, so I know it is 20%. I am active-duty military, I receive base pay, housing allowance, and meal allowance. The housing and meal allowance are non-taxed and do not appear on my W-2, but it does appear on my pay stub. Does she get 20% of the net pay that appears on the pay stub, or the W-2? She has given me three different answers from her lawyer. 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 Mississippi. It depends on how your state views this. In general, my answer would be yes they are includable. However, your attorney could make an argument to exclude them. I think it is more likely they will be included.
|
|
Posted by Dads Divorce in support , Rules , Procedures , MS , majority , emancipation , education , college , child , Ask A Lawyer , age
|
Question: There is a girl that I know that I'm trying to help out. I need to find out how she can get emancipated and if she is eligible. So far my quest isn't going too well. If you can help me of if you know anyone that can help me please let me know. This is very important to me and to this girl. Thank you so much! 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 Mississippi. Each state has different rules regarding emancipation, particularly in what context you mean it. With respect to child support, usually it is 18, but in some states it is 22 if the child goes to college full time. As to your state specifically, I suggest you consult the following webpage: Emancipation rules in all 50 states
|
|
Posted by Dads Divorce in voluntarily , Visitation , under , Parenting , myspace , MN , interests , employed , custody , child , best , Ask A Lawyer
|
Question: A friend recently pointed out to me that my ex has a profile on myspace.com and upon further investigation I am less then happy about what is on it. My ex goes on about how she likes drink and swear and how proud she is that she gets called a tease at least once a week. She has a picture of our son posted in her profile which I am horribly upset about and is also posting pictures of herself in her undergarments. She is claiming to be too ill to work but has posted a comment volunteering to paint a guy's new house because she has so much free time. Theses are just a few of the details I have discovered on her profile and I am very concerned for the environment my son is in and how he is being cared for. I would very much like to bring this information to the attention of the courts, would they take it into consideration and how could I proceed? 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 Minnesota. As far as the Court goes, they will consider her conduct, if they find that it is not in the child's best interests to be with her. Is there a maintenance/alimony order in place? If so then you could also use this information to attack her ability to work. It is difficult to say how this will impact your case as this area, the Judge has a lot of discretion.
|
|
Posted by Dads Divorce in support , Rules , restraining , protection , Procedures , physical , order , MI , mental , group , Ask A Lawyer , abuse
|
Question: I am a married man of almost eight years. My wife and I have two children (boys) ages 5 & 7. For years now, my wife has been saying how unhappy she is with our marriage. We have been to counseling without any positive results. When we argue, she will use profanity in reference to me in front of the children. She has, on many occassions, called me a moron, idiot, ignorant, plus many more very hurtful things the children do not need to hear. For the first time though, this morning while the kids were getting ready for school, she actually hit me in the face with her hand - gave me the middle finger - and said to get out of her face. Again, all in front of the kids. I have tried my best to let her know she has a problem with her temper being very short, they way she speaks to me in front of the children, the way she treats me in public with friends and/or strangers. I want to have some kind of official record of the hitting that took place this morning. I know our marriage is over. What options do I have as far as who can I report the physical contact to? Where can I get legal help? (I have very little money) Where can I get emotional support? (kinds of support groups) 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 Michigan. I suggest you contact the police in the event this occurs again. They may not be willing to take a report now about the previous incident. Also, in the event this continues, check with your local courthouse regarding what may be called an Adult Abuse Order or Order of Protection to prevent her from continuing her abusive behavior. As far as support groups, contact your local United Way agency or Catholic Charities. Both organizations keep a list of support groups that may be of help to you at little or no cost.
Question: Here is a brief run down of my dilemma: In July of 2004, I filed for divorce because my estranged wife falsely accused me of beating her up. There was an altercation and some wrestling but there was not any battering. Anyway, I copped a plea of guilty, took what the judge gave me and continued on with the divorce. In January of 2005, joint custody was established with our 15-year-old daughter and her primary residence was to be with her mother. Child support was set at 570 dollars a month. I agreed to that and had no problem paying that. I was paying a 900 dollar mortgage even after I moved out so that my daughter could have a roof over her head. In June of 2005, my daughter was assaulted by her mother because she had told her mother that she wanted to live me. Her mother grabbed her by the throat and pinned her up against the front door. My daughter struggled to get away ran for the back door where her mother met her and dragged her back into the house and locked her in her room . The next day my daughter called me from her grandmother's and asked me to come and pick her up that she could not live with her mother anymore. Since this has happened, I have been fighting tooth and nail with the friend of the court to suspend my child support. All I have gotten was the support in an escrow account. I have had a court date for this but the judge would not make a determination because child support and custody are "entertwined" as he put it. I have a provision in the order that any back support is to be preserved until it is determined if and when I get some sort of credit for paying the mortgage, truck payment and medical bills for my daughter. The friend of the court is showing very heavy favoritism toward the mother and is being manipulated by her and was going to release the money in escrow to her until the deputy friend of the court intervened. What can I do about the friend of the court and his animosity towards fathers? He has a reputation of denying fathers what is rightfully theirs. 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 Michigan. I assume you have an attorney based upon the Orders that you stated are in place. I am not familiar with the friend of the Court and deputy friend as these do not exist in Missouri. It sounds like you and your attorney are doing all you can do at this time. It appears that the Judge does not want to make an interim decision on child support, as custody is not decided at this time. That is a common approach by Judge's to avoid decisions on one issue when there is an overlap with another issue, as the Judge pointed out. As far as favoritism on behalf of Mother from the friend, based upon what you have provided above, this favoritism does not decide custody. There are clearly more important factors that the Court will rely upon.
<< Start < Prev 1 2 Next > End >> |