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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 >> out of state
Jul 08
2009

Ask A Lawyer: Can She Take My Kids 500 Miles Away?

Posted by pmcmahon in Richard Coffee , Parenting , out-of-state , out of state, , moving , Maintenance , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question:

Urgent in NY - I have been divorced for over two years and have been paying 8k/month in CS and 4k/month in maintenance. My bonus this year was paid mostly in stock that will not vest for another three years so my cash flow was severely hampered. I stopped paying the maintenance 3 months ago and have continually tried to renegotiate with my ex to find a solution. We have three little boys and she does not work.

In short, I was just sent a certified letter from a lawyer that she will take me to court to allow her to move to another state 500 miles away if I do not allow her to. It is written in our divorce agreement that she cannot move more than 30 miles away. I have an extremely close relationship with my boys and they have been sleeping over for OEW and Wed nights for many years. I live 5 minutes from them now.

My question is - does my recent suspension of the maintenance payments have a bearing? She is claiming financial hardship and that she will be able to find work easier in the new state. I am considering filing for custody or should I negotiate with her financially? For me, it is not an option to have my boys 500 miles away. I coach their teams, help with homework, do cub scouts etc.   Please help asap - the letter says I have one more week to respond.

Apr 27
2009

Ask A Lawyer: Can I Stop My Ex From Taking Our Daughter Out-Of-State?

Posted by pmcmahon in Tiffany McFarland , out-of-state , out of state , custody rights , Cordell Cordell, PC , contempt , Ask A Lawyer

Question:

My ex wants to take my 3 yr old daughter out of the state for spring break. I want to know if I have any say in this decision because I really don't think I'll ever see her again.

This is a never ending battle with her always trying to change our custody order or wanting to take her out of the state for weeks at a time.  Please, if you can, help.

 

Jun 05
2005

Ask a Lawyer: What if I fail to appear?

Posted by Dads Divorce in out-of-state , Maintenance , KS , judgment , failure , default , Child Support , Ask A Lawyer , appearance

Question:

I've been ordered to appear in Kansas on 5/9 for a child support/payment hearing. I currently reside in South Dakota. I'm scheduled to begin school on the same date which will allow me to make enough money to pay the things that I'm court ordered to pay. I can't be in both places. What is the penalty for failure to appear.

Answer:

I am not licensed in Kansas, but in Missouri for example if this is the actual hearing, they will enter a default order against you. Everything she states is taken at face value and not challenged concerning her income, your income and the expenses of the children. She can also ask for attorney fees and will likely get them. Finally, if this is a non-support hearing you could be held in contempt and placed in jail.