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.
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Posted by Dads Divorce in voluntary , under , taxes , support , Property , Maintenance , IRS , income , employment , Child Support , child , car , AZ , Ask A Lawyer
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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.
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.
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
Question: I am currently contemplating a divorce and would like at least 50/50 custody. Our situation is complicated by a few factors. Originally from St. Louis, we currently own a home in Alabama together. I do not get out of the military for two years and therefore will not be able to maintain custody during that period of time. Will it be possible to reserve custody rights for a future date, for when I move back to St. Louis and rejoin my son? I purchased a car for my wife but since I was overseas I was unable to put my name on the title. Her dad did so instead. Will the court simply award her the car regardless of circumstance? When I initially transition back to civilian life I will likely be living solely off of my GI bill and will be a full time student. Will my child support obligations change to something more practical (assuming I can not retain 50/50 custody)? Thank you very much and I appreciate any guidance you could provide. 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 Alabama. Generally, if you and your wife agree to have a future custody or support situation then you can enter into an agreement to that effect. However, a judge will not (or can not) enter into an order contemplating the future unless you agree. Therefore, whatever the order would be now (in the military), you will have to file a Motion to Modify when you get out.
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