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Jul 05
2009
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Ask a Lawyer: My fiance has a previous court orderPosted by Dads Divorce in wages , remarriage , PA , Maintenance , income , disability , child support modification , Child Support , child , Ask A Lawyer |
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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 >> wages
Question: My fiance has a previous court order and when his ex feels like she needs more money, she petitions the courts. Here is the situtation: my fiance and I have a daughter who is autistic. He has a 16-year-old child from a previous marriage. Now, she lives with her boyfriend who she went with before the marriage broke up (my fiances best friend ). My fiance and I have been together 9 yrs and our autistic daughter is 7. It seems like when his ex's life seems uncomfortable she petitions the court for child support. My question is now that we have a child who is autistic, can he put a stop to her lying madness? She has lied to the courts and now his son is 16. There are expenses on his order he shouldn't be paying, like child care. He was told to go and file a petition but wasn't guaranteed his order wouldn't go up. Here is the hook: she only works 2 days a week. Her child is 16. He works and makes more than his dad every week. She sits home 5 days a week and collects on this kid. Here at home, we have 2 kids 7 and 8. He only makes $10.00 a hour. The last time in court, when it was called to the judge's attention that she only works 2 days a week, the judge was addressing this until her laywer (who was a public defender) changed the subject so it was dismissed. What can the defendant do and what are his rights if he has a child from a recent relationship that is disabled. Help! she's taken him for a ride and the judge is believing her. We know for a fact she works under the table and isn't telling the courts. She also says that she is going to college but it's only one night per week! Every chance she gets, she petitions the court to bring him back, even when he is not late with a payment. She calls and complains and then they contact him and he has to go whether he is late or not, and misses a day of work which sets us back and they seem not to care about whether or not he has a major obligations. Help please. It's getting too deep and my family is suffering. If asked to move, we have no where to go. At this rate, the judge seems to be giving the mother her way. It's not just her child first they should be looking out for, but the welfare of all the kids in question and they are not. Answer: I am not licensed in the State of Penn and therefore I cannot answer your question specifically to the laws of that State. I will attempt to give what response I am able to provide. If the judge was inclined to be concerned that she is only working two days a week, his attention needs to remain focused on that issue. You want to impute her income. Often courts will impute the underemployed person their present wage at 40 hours per week in a situation as you describe. You also appear to want the court to deviate from the support guidelines due to your child's illness. In my jurisdiction, that is unlikely as we have a first family preference. The reasoning is that your fiance knew he had a support obligation toward two children and should have considered that fact before having additional children. However, if the ex-wife would attempt to raise his child support he could use the cost of your children to help prevent an increase. If you believe that the mother is working for cash, look at locations where it is advantageous for her to claim her income is higher. This would be situations such as applications for credit cards, car loans, home loans or rent applications. Subpoena these locations. You can also look at her bank records and attempt to show the amount she deposits exceeds her claimed "on the books" income.
Question: This question is in reference to a friend! He is currently seperated from his wife, and she has a truck (which includes both his name and her name on the title, but is in her possession). She hasn't been paying the note on the car and now the car dealership that owns it is currently garnishing his wages (she doesn't work but draws a disability check every month) because of her non payment. What if anything can be done to resolve this issue? And since they are seperated and she has full possesion of the vehicle can he maybe take her to court and get repaid the money that has been garnished from his checks? HELP!!! Answer: I cannot answer your question specifically to the laws of Kentucky as I am not licensed in that State. He needs to file for divorce or legal separation. When the matter is pending and his wife has been served with papers, he can filed for a temporary order (assuming KY has temporary orders) asking the court to require her to pay for the vehicle in her possession. In the final division of property he can ask for repayment of the lost wages per the garnishment. As the parties are not legally separated, half of his wages are her marital property and therefore it is unlikely that he will get the money back in the divorce.
Question: Due to an unfortunate series of events, an Indiana Father of two - 10 and 13 - has had to start new career outside of medical field he was a part of for 22 yrs. Now he is making less than his ex-spouse, but still paying child support, although somewhat reduced recently as to the amount. But he is now several months behind in mortgage payments for his own home. The children live there more than 50% of the time. The court has found the Father to be in contempt for putting a roof over his own kids head rather than staying current to the ex-spouse who is making considerably more income. What should I do?. I'm about to lose my home. I was told by the prosecuting atty. that I had better stay current. Answer: If the support has been modified and is within your State's guidelines for the calculation of child support there is little else to do legally. You may want to look at the debt consolidation and counseling specialists.
Question: My husband's ex moved his son away (2,500 miles) to live somewhere substantially cheaper than Seattle. He pays all extra visits costs (that includes air, hotel, entertainment, car and loss of work vacation). He pays most of all scheduled visits. And, of course he pays child support (more than the guideline amount.) In court, she is documented as saying how cheap it is to live there and how she will be able afford so many things - and she does. She bought a house, new car, goes on dozens of pleasure trips a year, pays almost no daycare. Even the judge said child support should be lowered because of her move. Even the appeals court said my husband should not pay her attorney fees because of the onerous burden of his travel costs. Now, of course, as soon as the two year hiatus is up, she wants more. I quote: "[Child]is taken care of, but I want what I'm entitled to. I don't want to have to get remarried to have someone support me." Is it just a done deal and she will get whatever she wants or is she likely to not get any more? She said she could live on the moon and it doesn't matter. But, she chose a cheaper place to live with a lesser salary and wants to use it against my husband's larger salary - even though his daily costs are obviously much, much more. Answer: I cannot answer your question specifically to the laws of Washington as I am not licensed in that State. Generally the child support charts are guidelines for the court. If the parent to receive support does not need the presumed amount of child support per the chart the court will reduce the ordered child support. Further, in most areas the person seeking a modification must show a change in the circumstances since the last modification. If there has been no change since her move she should not get an increased support amount. |