Dads Divorce - Free custody and alimony advice for men and fathers.

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Tags >> support
Jul 21
2009

Ask A Lawyer: Do I Pay Support When Unemployment Runs Out?

Posted by pmcmahon in unemployment , support , Maintenance , Erik Carter , Cordell Cordell, PC , Ask A Lawyer

Question:

Hello.

My ex quit her 60K job last October because she didn't want the forty-five minute commute. She has been unemployed ever since. Now that her unemployment benefits are getting ready to run out she has hit me up for support.

Can anything be done considering that she quit?

 

Oct 05
2008

Ask a Lawyer: Does denial of visitation justify refusal to pay child support?

Posted by Dads Divorce in Visitation , Visitation , Visitation , support , Parenting , motion , IL , IL , enforcement , custody , custody , Ask A Lawyer

Question:

My husband has a child from a previous marriage and his child and mother have stop our visitation. Is that legal and are we obligated to pay the full amount of child support?
May 05
2008

Ask a Lawyer: Motion to derease child support

Posted by Dads Divorce in testimony , support , out of state , multi-state , Modification , Maintenance , income , FL , deposition , Child Support , Ask A Lawyer

Question:

I reside in the State of Florida and the custodial parent lives in the state of Michigan. She filed a motion to increase my child support obligation in October of 2004 in the state of Michigan, due to my financial status. The court only gave me 10 days from the notice to appear and I was unable to attend. She was granted what she asked for. I have recently been in an accident and have been under doctors care for the past month and a half. I will not be able to return to work (doctors orders) for two more months and may require therapy. I have filed all the required documentaion for a motion to decrease my child support along with documentaion supporting the fact that I would not be able to attend a hearing in the State of Michigan. Once again, I received a hearing date. At that time, I sumbmitted the required paperwork to show what my income was, 2004 file tax return and the last two months worth of pay stubs. The hearing was held on July 28,2005 and per the return letter received from the referee, the custodial parent disagreed with the amount I was requesting to pay and noted that my finances were not adequate. I was given two options: to appear when I felt I was able to or have the case dismissed. I have responded to the letter I received indicating that I do not believe my child support obligation is in compliance with the State of Michigan's Child Support Formula and have requested the court modify my support obligation per the State of Michigan's Child Support Formula. Please let me know if there is a way to have my child support modified without having to attend a hearing in the state in which I no longer reside. I have explaind to them that I am currently not working nor does my financial status allow me to attend a hearing in another state.

Answer:

I cannot answer your question specifically to the laws of Michigan as I am not licensed in that State. I suggest that you retain an attorney to complete your case and represent you in court. In the court there is generally no way to have a modification without appearing in court. However, it maybe possible to have you deposition scheduled and recorded in Florida and then use that as your testimony in the Michigan Court.
Jun 06
2007

Ask a Lawyer: Does a second marriage represent a significant change of circumstances?

Posted by Dads Divorce in support , remarriage , Maintenance , GA , circumstances , Child Support , child , change , Ask A Lawyer

Question:

My ex married the man she broke up our family for 2 weeks after the divorce. I would like to modify child support because I simply cannot pay all that is ordered and live. Does her new marriage constitute a significant change?

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 Georgia. Generally a significant change is between you and your former spouse only, not just the fact that she was remarried. However, you can pursue this if she has chosen not to work or to limit her own income. Has your income changed, thus making the order unreasonable?
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