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Dec 19
2008
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No Pro Se - Don't Go It AlonePosted by Dads Divorce in Richard Coffee , pro se , Cordell Cordell, PC |
Through the Legal Looking Glass and Down the Family Court Rabbit HoleAlabama
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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.
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Through the Legal Looking Glass and Down the Family Court Rabbit Holeby Richard Coffee, JD (Cordell & Cordell, PC) The dissolution of marriage or the paternity determination process can be a journey through a maze of rules and requirements which can be illogical or contradictory, even by legal standards. Today’s family law statutes are a patchwork of compromises among politicians, legal practitioners, social advocacy groups, and other segments of society resulting in a system which makes Alice’s adventures in Wonderland appear completely sane, while leaving the uninitiated muttering the inscription on diminutive Alice’s very small cake (or on the Delta House homecoming parade float in Animal House).
Question: I have custody of my three children. My ex just recently went to jail. How can I change visitation and other items on the divorce degree? I cannot afford an attorney. Can I do this on my own? Answer: I suggest that you contact legal aid or an agency similar to Catholic Legal Charity. You can also contact the local Bar Association and attempt to find an attorney that will take your case pro bono or at a reduced fee. You can always file something pro se, but I would not recommend that to anyone. The facts in your case seem fairly straight forward if the children's mother is in jail for any significant period of time. However, there are procedures that can trip you up and issues that you may not consider.
Question: My divorce was final a year ago. I didn't get an attorney and we just used hers. When they calculated the child support, they did it based on me having my children the minimum (every other weekend). I didn't really care what they put down because I knew my children wouldn't stand for that. During this year, I have had my kids (overnight and all) a minimum of 50% of the time. I have documented everything (I do this on everything, weight, blood pressure, vacation, workouts, I could go back 5 years) on spread sheets. I have also kept every email from my ex, many of which clearly state the plan that we should have the children 50/50. I go get them and take them to school, etc. I do the traveling 100% of the time. If I look at the amount I should be pay (online tables) it's clear I am paying way too much. My question is will this be hard to change? Of course, I will use a lawyer this time. Will the Judge say you can afford it so you can pay it? I make good money, and I re-married and my wife does well also. All I heard during the divorce is this is fair (she gets tons of money I worked hard for). Now I'm wanting to say...This is fair....FYI, she left me for another guy...which went South a long time ago. 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 Oklahoma. In general, a court will modify child support upon a showing of change of circumstances. It appears there has been a change of circumstances. I definitely advise that you seek counsel and file a Motion to Modify child support as well as custody. You will request a reduction in support, and a custody agreement that accurately reflects what you and your ex-spouse do with your children. Good luck. |