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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Question: I would like a divorce but have just recently relocated to Texas two months ago. According to TX law, I can not file for divorce until I have lived there 6 months. I can not file in my old state either because I'm no longer a resident. Since I can't do anything legal, can my wife take the kids out of state? If so, will they be forced to move back when I am a legal resident and can file? I'm in resident limbo at the moment and don't know what to do. I love my kids very much and want to continue to be a big part of their lives. Answer: Did your Wife also move to Texas? Since you have not been a resident of any state for 6 months, I think you should file in Texas as that will be your only way to stop her from leaving the state with the children.
Question: I have a child with a woman that I never married. My name is on my son's birth certificate as the father. She has not let me have my son for visits away from her. She plans to let me take him for a visit for the first time this week and he was born in November. Do I have to give my son back to her or do I have the right to keep my son? Can she call the police and have me charged with anything if I don't want to give my son back right away. Answer: Currently you have no legal custody or physical custody rights to that child. Any visitation that you have is at her grace. You need to file a Motion to Establish Father-Child Relationship (paternity action) with the court. If everyone agrees or you prove by genetic testing that you are the biological father you can get a temporary custody order until a final custody, visitation schedule and child support order is established. This forum is exclusively about domestic relations law therefore I am reluctant to give any advise or opinion concerning any possible criminal charges that could be filed against you.
Question: My daughter turns 22 on August 24th, the current maximum age of emancipation in Missouri. The fall semester starts on August 20th. She will probably earn her Bachelor's degree at the end of the semester. Am I liable for college costs for the entire semester? If not, how do I calculate what I am liable for? Answer: Child support should end at 22 or graduation from college, whichever one is first. Child support should end September 1. You can file an Affidavit of Emancipation at that time.
Question: When a man divorces a spouse who makes more money than he does, who has to pay the child support? Does the house have to be sold when there are children involved? When a woman makes more money than the spouse, does the man have any obligations at all for her and his children? Answer: Child support is often based upon the custody arrangement. If the wife has more custody time and therefore pays for more of the care of the children she would receive support, even if she makes more money. If the custody arrangement is equal, in your scenario the father should receive child support or there would be no child support paid. I cannot answer your question specifically to the laws of NJ as I am not licensed in that State. However, I do not know of any jurisdiction that requires that property be sold, regardless if there are children of the marriage. The fact that the parties have children often makes it less likely that house will be sold. If the wife makes more money than her husband, he would not be required to pay maintenance (alimony) and in fact maybe entitled to receive maintenance from the wife. He would still have an obligation to help support his children.
Question: Is there a set time before someone can file a motion to modify for more child support or can they just file a motion every month if they want? Answer: Child support is always modifiable if there has been a substantial and continuing change of circumstances since the last modification. If the support was calculated pursuant to the Form 14, there is a prima facie (automatic) change of circumstances if the Form 14 amount is modified by 20%. The rumor about the set amount of time is derived from the DCSE internal policy that they will review and modify non welfare cases only every three years. Welfare recipients sign over the child support to the State and therefore the State will review and modify anytime if they can recoup a portion of the welfare benefits they are paying out.
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