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.
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Question: I have full custody of my 3 children. I am supposed to get 1500.00 a month for all three I only get 500.00 if I am lucky. My two boys want to see their father this summer but my daughter does not want to go. She is 10 years old. Her dad only calls maybe once a week if that. Do I have to make her go? Answer: I cannot answer your question specifically to the laws of Arkansas as I am not licensed in that State. Generally, if the court order states that the father has custody during a specific period of time you must comply with the court order. In most jurisdictions, you cannot deny the non-custodial parent his custody and visitation time because he is behind on child support. If you want to change the custody arrangement and visitation time of the father you need to file a motion to modify with the court that entered your divorce. You can file with the court motion for contempt or motion for sums due and owing to enforce the order of child support or you can contact the Division of Child Support Enforcement to help you collect the past due child support.
Question: My husband and I were contacted last night by his first wife, after no contact whatsoever for over ten years. We reside in AZ, she is in CA. She now claims she is "going after him/us" for back alimony. Alimony was court ordered as a percentage of net income, which my husband had little to none in the 4-5 years after the divorce.I had assets when we married which are all still in my name only. (two homes, one rental property). We have also opened a business in Jan 2004. Questions: 1) Is there a statute of limitations on collection of alimony, and if so, what is it?? 2) Can she force us to pay now, using my assets as the target, even though my husband's name is on nothing? 3) The business we opened was financed through at least 2 properties which I owned prior to our marriage, (I have a paper trail). His name is included on the businss LLC, but it also demonstrates that his financial contribution was nil. Can she make a claim on the business? The business has yet to show a profit. Answer: I cannot answer your question specifically to the laws of Arizona or California as I am not licensed in those States. I hate to say that the questions you present are very State specific and I am unable to provide you with more than a very general outline. I suggest that you speak with a local attorney. In my jurisdiction she could enforce the back payment of maintenance (alimony) for 10 years. It is unlikely that the ex-wife could enforce payment through the property listed. However, if you husband is a named member/owner/officer of the LLC she may have a claim against that business. If there is no monetary value or income from the business that is not much of a concern.
Question: Upon the divorce, my job occupation was of a higher caliber than present. Since then, I am aware that the financial status of my ex has increased quite a bit. My change in financial status came from a necessary relocation for employment. Upon searching for employment in the state of Michigan I accrued back support. This is almost paid in full, however, I am presently forced to live on about $200.00 a week and support is still taking 144.00 a week. In addition, the appropriated visitation has not been allowed by the mother; holidays, summers, etc. I was wondering on my rights as to payment recalculations and visitation. Answer: I cannot answer your question specifically to the laws of Arizona as I am not licensed in that State. Generally you can modify child support upon a showing of a substantial change in the circumstances compared to the divorce. If your income has decreased and your ex-wife's income has increased it is worth exploring if there is the necessary level of change to warrant a modification. With regard to the denial of visitation you need to explore an enforcement action such as a Motion for Contempt or if allowed in your jurisdiction a Motion for Family Access. Often you can ask the court to provide compensatory time, attorney fees and perhaps even that the mother post a bond to ensure future compliance.
Question: My spouse is verbally abusive. Can I file after only 8 months of marriage? Answer: I cannot answer your question specifically in relation to the laws of New York as I am not licensed in that State. In my jurisdiction I would suggest that you simply file for divorce. If you need to prove grounds in your jurisdiction make a claim that he is mentally, emotionally and verbally abusive and that a reasonable person can not be expected to continue in the marriage. If you do not believe you can prove sufficient grounds (and grounds for divorce are required in your State) you can filed for a Legal Separation. After a period of time if you have not reconciled after the Legal Separation you can convert the Separation into a Divorce.
Question: How are income and debts treated by Minnesota law? Does income after separation belong to both spouses or the one who earn it? Answer: I cannot answer your question directly to the laws of Minn. as I am not licensed in that State. Generally, a physical seperation does not make any income earned or debts incurred seperate. The income and debts are marital debts until the divorce is final. Many courts can consider the fact that you were separated when allocating the property distribution, but that is often discretionary with the judge.
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