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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 >> modifcation
Oct 09
2009

DadsDivorce LIVE: All About Divorce Modification

Posted by Rick Ortiz in video , modifcation , Dan Cuneo , DadsDivorce Live , Cordell Cordell, PC , Child Support , Ask A Lawyer

DadsDivorce LIVE editor, Rick Ortiz, discusses the topic of divorce modification from beginning to end with family law attorney Dan Cuneo, J.D. of Cordell & Cordell, P.C., a firm focusing on representing men in divorce.

Mar 18
2009

Ask A Lawyer: Modification Of Child Support

Posted by Rick Ortiz in Richard Coffee , modifcation , Cordell Cordell, PC , Ask A Lawyer

Question:

I have an ex wife that I have had no contact with in almost 11 years. I have been paying child support to her for that amount of time. I recently became self employed and my dispensable earnings are not what they used to be. I am being threatened with contempt of a court order for not making full payments.

On top of this I recently found information that the child I have been paying for and have not seen since he was 6 months old does not even live with his mother. The divorce papers state that I have joint physical and legal custody of the child.

What is the steps I should take in this matter?

Nov 29
1999

Ask a Lawyer: At what age can a child say what parent he wants to live with?

Posted by Dads Divorce in Visitation , Rules , Procedures , motion , modifcation , IN , desires , custody , child testimony , Ask A Lawyer , age

Question:

My grandson will be 11 years old in Feb 06. For the past 3 years, he has said that he would like to live with his father who pays support to mom. What are the steps we need to take for this to happen??? In the state of Indiana, I was told that a child can go before the courts and request that he would like to change residency. Is this true? My son also has a joint custody spelled out in the divorce deed, he has custody 4 days out of the week. Any advice as to we begin the process would truly be appreciated.

Answer:

I cannot answer your question specifically to the laws of Indiana as I am not licensed in that State. In my jurisdiction a child can testify concerning his/her wishes when they can understand the oath to tell the truth. Outside of abuse issues, it is frowned upon to bring a very young child into the court. Generally around the age of 12 years old, a court will listen to the child's wishes. However, the child's voice is often like a whisper. As the child matures his voice becomes louder. Many cases have started and failed based upon a child telling one parent that they want to live with them and then when it is time to go to court the child changes his mind or there was a misunderstanding. I have witnessed a child state that he wanted to live with dad, but really just wanted additional visitation time. I am slightly confused by the facts presented. If father already has four overnights each week, he has the majority of the custody time and outside a huge difference in income would receive, not pay child support. To begin the process you would file a Motion to Modify Child Support and Child Custody.
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