Newsletter Sign Up

e-mail address:


HomeForumAsk a LawyerResourcesStoreAbout UsPodcastsOnline ShowsArticle ArchiveClient CenterNewsletter

Browse Popular Topics

Our 10 most popular categories each containing Ask a Lawyer answers, articles, and resources to help you.

Additional Resources

 









 

 

 

 







 

 

 

 







 

 

 

 

Podcast Feed
Disclaimer

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 >> time
Feb 28
2010

Ask A Divorce Lawyer: What is the time frame of a temporary divorce order?

Posted by pmcmahon in time , temporary orders , Steven Lee Akins Jr. , Rules , Procedures , Cordell Cordell, PC , Ask A Lawyer

Question:

How long is a temporary divorce order by the court before it becomes final?

 

 

Comment (0) | Read More...
Nov 29
1999

Ask a Lawyer: Visitation arrangements when schedules conflict

Posted by Dads Divorce in Visitation , Visitation , time , school , schedule , responsibility , remarriage , Parenting , MO , custody , custody , child , Ask A Lawyer , activites

Question:

My ex-wife has primary physical custody of my 13 and 10 year old children. Every once in a while I have to travel for my job. I always offer to "trade" evenings if the travel falls on my visitation; however, my ex-wife is no longer happy with this remedy and demands that my current wife fill-in. My wife and I have tried to be flexible but since there are three other children involved it doesn't always allow for my wife to have all five children and get them to their evening activities, homework, etc. My question is, since my ex-wife has primary physical custody does this mandate that if I give her ample notice of my travel plans that she is the one who needs to care for my two oldest children?

Answer:

It depends on your court order. If your court order does not state the remedy in this situation, then I think you are the obligated parent to make sure that your children are cared for in your absence as it is your time and therefore your responsibility.
Comment (0)
Nov 29
1999

Ask a Lawyer: Motion to modify for child support.

Posted by Dads Divorce in welfare , time , state , Modification , MO , Maintenance , Form 14 , Child Support , Child Support , Ask A Lawyer

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.
Comment (0)
Nov 29
1999

Ask a Lawyer: Being served divorce papers and restraining order

Posted by Dads Divorce in TN , time , Rules , restraining , response , protection , Procedures , order , filing , Ask A Lawyer

Question:

If it is done via certified mail, what date is it effective? I travel a lot so is it imperative that I pick it up immediately? Additionally, my wife says she filed a restraining order and when I asked what the grounds were, she wouldn't tell me. She only stated that I can read it. I have never given any reason at all for a restraining order and am wondering what the implications are for a restraining order. Is it something I should contest?

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 Tennesee. I do not know if that is an effective service method in your state. I suggest you get a copy of the Order and review it carefully. I do suggest you seek counsel immediately to answer your question about the alloted time to respond, and to determine if you should contest the order. In general, you should contest this issue, especially if there are children involved. The Restraining Order can impact a custody decision by the Court.
Comment (0)
Nov 29
1999

Ask a Lawyer: Submitting an uncontested modification to parenting schedule

Posted by Dads Divorce in Visitation , time , Rules , Procedures , Parenting , motion , modify , Modification , MA , Ask A Lawyer

Question:

How do I submit an uncontested modification to my divorce agreement that changes my parenting time with my child? I have heard in Massachusetts, it is not as simple as submitting a notarized copy of the agreement signed by both parties. Is this true? Do I actually have to show up in court in front of a judge just to submit an updated copy of my divorce agreement that both parties agree to?

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 Massachussetts. Uusually, you will need to file a Motion to Modify to open this matter with the Court. Then you and your ex can submit a written agreement of agreed changes. It varies by state as to whether this needs to be on the record (in court) or if you can merely submit the paperwork. Call a local attorney to see what the procedure would be in your state.
Comment (0)