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 >> extension
I had a child support order entered in Illinois in 1995 that stipulated I pay support until my son turned 18 years old in January 2010. Since then my wife and son moved to Georgia and I moved to New York. I learned today that support was extended until May while he’s still in high school. Is this typical? And why wasn’t this addressed when the order was entered 15 years ago?
Question: I am a substitute teacher. I do not get called for work everyday. I was paying $305 monthly child support as part of an order for protection. On Jan. 6, 2009, my wife had the order extended. As part of the modification of the order, she asked that my child support amount be increased. The judge asked me what I made per week. Not thinking, I said $400 per week (as I have sometimes worked 4 days at $100 per day). I also have a second job that brings in $140 per week. The judge then upped my child support payment to $1000 per month. He assumed I made $400 per week from substitute teaching week in and week out. He did not take into consideration the fact that I do not get work everyday, nor that there are many school holidays where there is no work. Three months of summer will be here soon and there will be no work as well, and I do not continue to get paid when there are breaks. Do you have any pointers for me?
Question: In Minnesota, if a maintenance award is reserved for a period of 3 years while the husband (obligor) goes back to school, can the judge grant an extension of the reservation period after the three years has passed if husband decides to stay in school longer? Answer: I cannot answer your question specifically to the laws of Minnesota as I am not licensed to practice law in that State. Missouri does not have a similiar "reservation" period so I can not answer that question. I suggest you contact the original attorney who handled the case or speak to a new attorney. Either way, if the reservation period is extended, the Judgment will have to modified to show a change. Please contact an attorney to determine if an extension of the reservation period is allowed.
Question: My ex-wife has been voluntary unemployed for three years. The kids are in school full-time. She went to court to collect more child support because of the fact she isn't working. The judge ordered her to get a job within 60 days. Since then, she hasn't really look for one and got an extension of 30 days. I have two questions: 1) How many extensions can she get? Can the court keep dragging this on for another decade when my youngest turns 18? 2) Does she have a legal responsability to help support herself and the kids (all her income comes from me through child support)? Answer: I cannot answer your question specifically to the laws of CA. as I am not licensed in that State. In my jurisdiction the court can impute your ex-wife income based upon her age, education, prior work history and skills. Consider retaining a vocational expert for the case. They are relatively inexpensive and can provide great testimony. In my area cases typically take nine to twelve months to complete. The Court controls their docket, but our Supreme Court keeps an accounting of how long cases are taking in each division. |
|
Welcome To DadsDivorce.com. Our divorce articles provide you with timely information you can use. Join our online divorce forum and discuss your divorce situation in real time with men who know the ropes. Ask A Lawyer offers you a chance to submit divorce questions to the attorneys of Cordell & Cordell, P.C., a family law firm focusing on men and divorce. Thousands of men look to us to provide State Divorce and Custody Information and child support calculators that are particular to divorce in their state.
Our divorce videos feature discussions with attorneys, father's rights experts, authors and lawmakers who are concerned with the rights of fathers in America. Subscribe to our divorce podcast and have our stimulating conversations automatically available to your mp3 player or ipod. Visit our store for divorce books, software, and other items to round out your understanding of this challenging time. We know that you'll find everything you need to effectively fight for your rights and the rights of your children. We wish you all the best and hope to accompany you as a trusted companion and advisor throughout the divorce process.
© Copyright 2010 All Rights Reserved DadsDivorce.Com
|
|||||||||||||
Question:
