Dads Divorce - Free custody and alimony advice for men and fathers.
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 Question:
My son is 16 years old (17 in Feb '09) and I am currently paying both child and spousal support to my ex-wife. She has primary custody as he lives with her in CA and I'm in CO. My son, who decided to do the independent study program with his High School last year last trimester, dropped out of the program at the beginning of this school year (Sept '08). I recently confirmed this with his High School who indicated that my ex-wife said he had moved to CO to be with me. That is absolutely untrue. I wish it was true because he would be in school and a lot better off with me! His plan was to take his GED, but so far he has not passed. I want him in school immediately, but she's allowing him to sit at home doing nothing, not even working. Without a HS Diploma or GED and being under 18 years old, isn't that illegal? I'm about ready to stop making child support payments since he's nothing more than a HS drop-out at this point and she's fueling the fire for his lack of direction and discipline. I talked with the on-site school police officer that handles truancy, but he said he can't do anything without a court order, charges and etc. I would love some advice and a referral for an attorney in Ventura County, CA that is known for successfully representing men with children. I want to press charges against her, modify my child support accordingly and force him to go back to school.
Question: My ex and I have been divorced for 3 years. We have a 50/50 arangement with our now 9 year old daughter and joint legal and custody. When we were first divorced, I offered to pay for all of our daughter's tuition for school because I did not want her to be removed from the school she was attending at the time. Since then, the school had been closed. My ex and I have went to mediation and selected a new school. However, she refuses to take any responsibility for any of the cost incurred. Not even the before and after school care provided by the school on her time. Since we agreed on a school this time, should't she have to pay at least half of the cost and all of the everyday care during her custodial time? There is only a few dollar difference in our hourly wages and I have much more financial obligations. She also continues to refuse to pay any medical costs. I was ordered to carry the medical insurance for our daughter. But for three years, I have tkaen her to every eye doctor, dentist and almost every doctor visit. I have paid for two pairs of eye glasses and she will need braces soon. Our decree does't say anywhere that I am responsible for all of the costs, but neither does it say that she is responsible for half either. I thought that 50/50 custody meant that each parent is liable for half of the expenses. I have to take our daughter to these appointments because my ex says she can't pay for any of then. If I didn't do it all, our daughter wouldn't receive the proper care. Our daughter also goes to a psychiatrist which is court ordered. It is also ordered that each parent participate and split the bill. My ex has went to one consultation appointment (scheduled her own, wouldn't go with our daughter and myself), has only scheduled two appointments and cancelled them both. One of which she cancelled late and I am now stuck with a fee for a full apointment fee because of a late cancellation. She didn't even pay for the copay of the initial visit she went to. Now I can't take our doughter to any more vivits until the balance is paid. I can't afford to take her back for contempt because everyone want to small fortune to do so. What can I do? Thanks. Answer: If the court order does not specify that she make the payment for doctor's visits, it is unlikely that a court would hold her in contempt. You could consider a Motion for Sums Due and Owing. The main issue however is the future payment of school, medical insurance and uninsured medical expenses. You need to file a Motion to Modify you divorce decree and parenting plan to include and establish a fair and equitable distribution of the expenses.
Question: I got divorced in Missouri but live in Ohio now. When I got divorced, my oldest daughter was emancipated. Now that my middle child has turned 18yrs old I called child support to stop payment on her, thinking my support should go down being that I now should only be paying for one child. Child support told me I have to continue paying for my daughter who has turned 18!! They said I have to pay for college for her, even though it never stated this in my divorce decree. It's just a Missouri law! What should I do being I do live in another state, and the lawyers here can't help ? Answer: If the educational expense of college is not specified in your divorce decree you should not have to pay for the college expense. However, if your ex-wife would ask the court to allocate the college expenses the court would comply. If you are able to afford the expense you could be required to pay a percent (usually 50% or your percent of the combined income) of your daughter's college education. The maximum is usually based upon the tuition, room, board and books at the University of Missouri-Columbia. However,regardless if you must pay the actual college expenses if your daughter does attend a post-secondary education and maintains the required hours you would still be obligated to pay the actual child support. If you are paying a portion of the college expenses and your daughter attends college away from her mother's residence the court will often reduce your direct child support payment. Finally, even if you are not paying the college expenses, your daughter is under an obligation to send you copies of her transcripts and grades at the beginning and end of each semester. If she fails to perform that obligation you can move to suspend the child support.
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Posted by Dads Divorce in Visitation , Visitation , sole , school , Parenting , legal , joint , GA , education , custody , custody , Ask A Lawyer
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Question: Dear Sirs: My Ex-wife and I have joint legal and joint physical with her as the primary. My days are every Tuesday pm through Friday pm of every single week. My work schedule allows me to spend that much time with my son. I am off Weds, Thursday, Friday; 4 on and 3 off in the aviation industry. This is stated in our divorce decree that get him on all these days specifically. It says that we make all decisions together but in the event that we don't agree the mother shall have the final decision making authority. We were divorced when my son was 1 and he is now currently 4. I had him exactly 172 days in the calendar year 2004 including overnights. So as you can see I spend a lot of time with him. We are in a disagreement on Pre-K. She wants to enroll him in the Georgia state funded Pre-K in her county which is an hour away. To stay enrolled in this he would have to attend 6.5 hours of Pre-K, 5 days a week. Of course, this causes a problem for us because of the commute everyday to and from his daycare. I feel like that much time in a daycare is way too much, and why would I do that when I am off and can stay with him on those days? I told her that I did not agree with that and on my days he would be with me instead of Pre-K, and we would be doing our Pre-K material from home. He attends daycare already on Mondays and Tuesdays on her days because she works Mon-Fri 8-5 with weekends off. If he attended this pre-k program and I went to an every other weekend father that would put him in pre-k/daycare at about 50-52 hrs a week because she cant pick him up till after 5 pm! What advice can you give me? I have tried to get her to let him go to a private pre-k in my county and I would pay that on top of my 17% child support. She said "no". I tried the home school angle on my days; she said "no" She is basically forcing me into every other weekend unless I just go get him from pre-k anyway on my days. Do you think the courts or a judge would look at the state funded pre-k as educational or daycare? I even have a clause in my decree that in the event that the child is placed in daycare then the other parent shall have the opportunity to get him first! I am the next best thing to a stay at home mom, and she knows that! I have all the time to get our son to and from school during the week, but she wont let him go in my county because she feels that she would giving up custody if he goes to school where I live. She is very work-orientated and would rather place him in this pre-k/daycare instead of giving him the time with his Daddy just because its in her district. The state funded pre-k is free so it is actually saving her money by putting him in this and then in turn she pockets more of my CS. That is what I feel is the real reason for wanting to enroll him in this program. In know what shape or form do I feel like this is in the best interest of our son. I am down to my last resort, and that would be sell my house and leave my family and move to her county. Something I am really not to keen on doing because there is no guarantee that she is going to stay there. My son loves seeing me, he expects to see me every week. He calls our house "home" and her house "his mommy's". I am at my wits end here guys. I am logging days and waiting for July 2006 when HB 221 goes into effect (Modification of Child Support Guidelines for Georgia). I feel if the money is no longer an issue then she wont want to bother with putting up with him. It is all about the money with her, and I feel like I cant do anything about it. Answer: I am not currently licensed in GA and cannot answer your question specifically to the laws of that State. Your problem is how legal custody is defined in your decree. Someone may have titled that provision "joint legal", but in reality if she is making the final decision that is really sole legal custody. Due to the legal custody situation in your decree and her making the final decision, she can place your son in that preschool. The judges in my jurisdiction consider preschool to be important and will allow her to make the placement in most situations. What I suggest is filing a modification for true joint legal custody that states the parents will "confer, consult and agree" upon decisions. It would be a difficult case at this time as you are already in a major disagreement about a fundamental legal custody issue...the education of your child. Even if this issue is resolved, the same problem would arise when your son begins kindergarten. Some resolution needs to me made before the start of real school.
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