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Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
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Nov 07
2004

Ask a Lawyer: What happens with a house during a divorce?

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

Question:

My wife and I are divorceing and we have owned a house together since 2003. I want to sell the house and split the profits. She wants to stay in the house. She says that she can keep the house and give me half the equity and remain in the house. Then when she goes to sell the house in a couple years she gets to keep all the profits. Is this true? What are our options?

Answer:

Allow me to preface my response that I am not licensed to practice in Oklahoma. She is correct. So long as you receive your portion of the equity that you are currently entitled to, then she can stay in the residence and collect profits down the road. The only real concern is if your name is on the house. She will need to refinance so you can be removed from the debt so you will be able to get a home of your own.
Comment (0)
Nov 07
2004

Ask a Lawyer: 12 year old child

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

Question:

My husband has sole custody of my 12 year old bonus child. She has lived with us since she was 2 years of age. Her biological mother has just re-entered the picture and my 12 year old wants nothing to do with her even after our attempts to send the two to therapy, supervised visits and now unsupervised visits. The question we have is at what age does a child have the right to tell the courts how they feel and the child being taken seriously?

Answer:

Allow me to preface my response that I am not licensed to practice in Maine. Some states allow a child to make decisions at age 12. However, that does not usually refer to is they go for visitations or not. Unless you can show that there is a risk to her to go (physically or emotionally), the Court will most likely require her to continue. Once she gets into high school, it can be very hard for the court to force her to continue to go to the visitations.
Comment (0)
Nov 06
2004

Ask a Lawyer: Uninsured Medical Expenses

Posted by Dads Divorce in support , Rules , Procedures , medical , KS , insurance , financial , co-payments , Ask A Lawyer

Question:

My question is. I live in Kansas and I have to paid a portion of uninsured medical expenses. My ex wife wants me to pay for the copay/deductible for my children doctor vists and emergency room visit. Do these types of expenses consider uninsured medical expenses? Thank You James

Answer:

I cannot answer your question specifically to the laws of Kansas as I am not licensed to practice law in that State. However generally that is exactly what uninsured medical expenses are. A good definition is anything that is not paid in full by insurance so copays for visits or prescriptions certainly fits into that category.
Comment (3)
Oct 07
2004

Ask a Lawyer: Help Using Calculator

Posted by Dads Divorce in Maintenance , IN , Child Support , Ask A Lawyer

Question:

I have joint physical custody of 14 year old son with my ex as the primary. The number of overnight spent with me have worked out to be 60% as oposed to the 25% that was used in the inital calculation a year ago. When using the calculators to allocate the number of overnights I'm shown as paying expenses which at this time is not correct. The best I'm able to calculate is a 50/50 split. Is there a way of getting a support figure based upon the secondary parent having a majority of overnights?

Answer:

I agree that calculating child support when both parents have joint custody can be difficult. I am confused as to why mom is noted as primary physical custodian if you have the majority of time. However, if that is what the order says then I suppose you need to mark yourself as paying support or non-custodial parent when using the worksheet. Indiana does not utilize percentages for the purpose of giving a parenting time credit anymore. It is based on the actual number of overnights. Put the actual number of overnights you have your son, your income, mom's income, health insurance premiums(if paid) in the worksheet. The result should give you a recommended support amount. If mom has more income or equal income to yours then the result should be no support or negative support in your column. If a negative number appears, no one pays support. The only way mom would be ordered to pay support is if she were the non-custodial parent.
Comment (0)
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