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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.
Tags >> disability
Jul 13
2009

Ask A Lawyer: Do I Compensate My Ex For Physical Disability?

Posted by pmcmahon in Spencer Williams , Modification , disability , Cordell Cordell, PC , compensation , child support modification , Child Support , Ask A Lawyer


Question:

 

My daughter's mother has filed for a modification to an existing child support order, indicating that she is out of work on disability. Is it my responsibility to compensate for her loss of wages due to physical disability?

 

 

Jul 05
2009

Ask a Lawyer: My fiance has a previous court order

Posted by Dads Divorce in wages , remarriage , PA , Maintenance , income , disability , child support modification , Child Support , child , Ask A Lawyer

Question:

My fiance has a previous court order and when his ex feels like she needs more money, she petitions the courts. Here is the situtation: my fiance and I have a daughter who is autistic. He has a 16-year-old child from a previous marriage. Now, she lives with her boyfriend who she went with before the marriage broke up (my fiances best friend ). My fiance and I have been together 9 yrs and our autistic daughter is 7. It seems like when his ex's life seems uncomfortable she petitions the court for child support. My question is now that we have a child who is autistic, can he put a stop to her lying madness? She has lied to the courts and now his son is 16. There are expenses on his order he shouldn't be paying, like child care. He was told to go and file a petition but wasn't guaranteed his order wouldn't go up. Here is the hook: she only works 2 days a week. Her child is 16. He works and makes more than his dad every week. She sits home 5 days a week and collects on this kid. Here at home, we have 2 kids 7 and 8. He only makes $10.00 a hour. The last time in court, when it was called to the judge's attention that she only works 2 days a week, the judge was addressing this until her laywer (who was a public defender) changed the subject so it was dismissed. What can the defendant do and what are his rights if he has a child from a recent relationship that is disabled. Help! she's taken him for a ride and the judge is believing her. We know for a fact she works under the table and isn't telling the courts. She also says that she is going to college but it's only one night per week! Every chance she gets, she petitions the court to bring him back, even when he is not late with a payment. She calls and complains and then they contact him and he has to go whether he is late or not, and misses a day of work which sets us back and they seem not to care about whether or not he has a major obligations. Help please. It's getting too deep and my family is suffering. If asked to move, we have no where to go. At this rate, the judge seems to be giving the mother her way. It's not just her child first they should be looking out for, but the welfare of all the kids in question and they are not.

Answer:

I am not licensed in the State of Penn and therefore I cannot answer your question specifically to the laws of that State. I will attempt to give what response I am able to provide. If the judge was inclined to be concerned that she is only working two days a week, his attention needs to remain focused on that issue. You want to impute her income. Often courts will impute the underemployed person their present wage at 40 hours per week in a situation as you describe. You also appear to want the court to deviate from the support guidelines due to your child's illness. In my jurisdiction, that is unlikely as we have a first family preference. The reasoning is that your fiance knew he had a support obligation toward two children and should have considered that fact before having additional children. However, if the ex-wife would attempt to raise his child support he could use the cost of your children to help prevent an increase. If you believe that the mother is working for cash, look at locations where it is advantageous for her to claim her income is higher. This would be situations such as applications for credit cards, car loans, home loans or rent applications. Subpoena these locations. You can also look at her bank records and attempt to show the amount she deposits exceeds her claimed "on the books" income.
May 05
2008

Ask a Lawyer: Custody when father has physical disability

Posted by Dads Divorce in Visitation , quadraplegic , physical , Parenting , infant , distance , disability , custody , custody , CA , Ask A Lawyer

Question:

I am a quadraplegic father and I want to know what my rights are towards custody would be.I live about 70 miles away from my wife and son. He is 10 months old and I was with her up until one month ago when she said she wanted me to leave. I can see him during the day but not on overnights and she will leave him with her mother and father when she is gone.

Answer:

I cannot answer your question specifically to the laws of California as I am not licensed in that State. I have represented two disabled father's. Neither were quadriplegic, but were wheelchair bound. They each received more custody time than an every other weekend, one night a week, split summer schedule. However, in each of those cases the children were much older. The physical and mental health of the parents is a factor in many jurisdictions. The question comes down to your ability to get to and from the visitation locations and your ability to care for your son when he is in your custody. Can you change diapers, feed the child, bathe the child, get the child from the home in an emergency ect. If you can manage those tasks and the general parenting tasks your time should not be limited anymore than anyone else. If you are unable to perform those tasks, the court will take any limitations into account when determining the custody and visitation schedule.
Sep 05
2007

Ask a Lawyer: Garnishing Wages

Posted by Dads Divorce in wages , Separation , Rules , Procedures , posessions , KY , income , garnish , disability , asset , Ask A Lawyer

Question:

This question is in reference to a friend! He is currently seperated from his wife, and she has a truck (which includes both his name and her name on the title, but is in her possession). She hasn't been paying the note on the car and now the car dealership that owns it is currently garnishing his wages (she doesn't work but draws a disability check every month) because of her non payment. What if anything can be done to resolve this issue? And since they are seperated and she has full possesion of the vehicle can he maybe take her to court and get repaid the money that has been garnished from his checks? HELP!!!

Answer:

I cannot answer your question specifically to the laws of Kentucky as I am not licensed in that State. He needs to file for divorce or legal separation. When the matter is pending and his wife has been served with papers, he can filed for a temporary order (assuming KY has temporary orders) asking the court to require her to pay for the vehicle in her possession. In the final division of property he can ask for repayment of the lost wages per the garnishment. As the parties are not legally separated, half of his wages are her marital property and therefore it is unlikely that he will get the money back in the divorce.
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