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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 >> extracurricular expense
Nov 29
1999

Ask a Lawyer: Filthy, poorly groomed children

Posted by Dads Divorce in Visitation , Parenting , Neglect , hygiene , custody , Child Support , Ask A Lawyer , AR

Question:

I am the non-custodial parent of three daughters, ages 10, 12, and 13. They are consistently filthy in body and clothing, very foul-smelling, and their clothing is also ill-fitting and very shabby. Their mother is an RN in management and earns over 60K, plus, I pay her support which amounts to 1/3 of my net, and I gave her $100,000 of the equity in our joint house when it sold 2 years ago (if any of this matters). My daughters' poor hygiene is appalling and has dramatically impacted their lives. They are with me every other weekend and a few weeks in the summer, so it's hard for me to have much influence over them. Am I powerless? By the time I give her support PLUS buy them appropriate clothing (which disappears into her filthy house) there is no money left for a high-dollar attorney.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Arkansas. If you are truly concerned about the children's condition, then you have a few choices. You can report her to child protective services for her failure to care for the children/neglect or you can file a motion to modify custody based upon her failure to care for the children.
Nov 29
1999

Ask a Lawyer: Did not consumate marriage

Posted by Dads Divorce in property issues , Legal Strategy , Ask A Lawyer , AR

Question:

1. If a couple married, and did not consummate the marriage ...then are they married according to Arkansas law. My father married a lady in 2001 and for medical reasons... he can not "perform" sexual acts. She is now asking for a divorce and trying to take him to the cleaners. She talked him into buying a house (while still under her maiden name, so prior to the marriage... as
Nov 29
1999

Ask a Lawyer: Modifications of child support based on underemployment

Posted by Dads Divorce in voluntary , under , taxes , support , Property , Maintenance , IRS , income , employment , Child Support , child , car , AZ , Ask A Lawyer

Question:

My ex of a year and a half has filed for a modification of child support. When we were divorced, she was making $13 an hour, she has since then been fired from two jobs and quit another with the same or more pay. She has now taken a job for a considerable pay cut as she decided to go back to school full time and work part time. Now she tells me it is my responsibility to make sure that she can provide for the kids. Is this right? Also, in our decree my ex was given a car and I took the truck. About six months ago she decided to drop the car off at my house and go buy a new one. The car was in my name but was bought during our marriage and declared to her. She will not pay for the difference on the car for what I sold it at and what we owed, even though she was responsible for the car ($100 per month). Last but not least, we had a combined debt to the IRS. Written in our decree was that she was to make 33% ($60 per month) of the monthly payment, which she now says she can not afford.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Arizona. Her modification is weak as she has voluntarily decreased her income. You can pursue the other issues in a Motion to Enforce for her to do the terms of the Decree.
Nov 29
1999

Ask a Lawyer: After splitting assets is spousal support required?

Posted by Dads Divorce in spousal support , Maintenance , Child Support , AZ , assets , Ask A Lawyer

Question:

I retired 6 years ago and we have lived on income derived from assets on a quarterly basis. Every quarter we draw money off the assets for living expenses. So, we are dividing the assets and liabilities equally. Since neither one of us is working do I have to pay spousal support to get a divorce?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Arizona. Generally spousal support depends upon various factors: length of marriage, ability to earn income of both parties, ability to be employed, expenses, etc. So, if your spouse is unable to support herself and you do not use all of your income, then it is a possibility. However, there are many factors and you may be able to minimize your risk.
Nov 29
1999

Ask a Lawyer: Can I take a father's rights away?

Posted by Dads Divorce in Rules , Procedures , cap , Ask A Lawyer , AL

Question:

My ex and I live in Alabama about 52 miles apart. He has visitation rights by court order but he will not drive the distance to get the children. The kids have not seen or heard from their father in almost 2 years. I would love for the man that I