Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Molly Murphy

Attorney, Cordell & Cordell

Military families are those that consist of one or both parties being active in the military.   Military parents going through a divorce have more rights and options than they might think when they begin an action in the family court. For purposes of this article, this does not include one or both parties being active in the National Guard.

Question:

According to my husband and his ex-wife's divorce decree, she is awarded a set dollar amount for child support instead of a percentage of his earnings. Well he just got a new job with a higher income and now she says her lawyer is drawing up papers in order to get a full 20% of his net income, and that if he refuses to sign them she will take him to court.

However, my husband is in the military and being deployed overseas very soon. Are we legally obligated to do anything with this paperwork before he gets deployed, and if so, is there any way to postpone it until he gets back?

&q

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• My fiancee is still legally married. Can she even get a divorce while she is pregnant with my child? If she can't and she has the child while she is still legally married, would the child be considered mine?
• Regarding child support calculations, are there any ways around submitting tax returns for a closely held business?

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• If she gets an equity loan on her gifted property, will that debt also be my debt in divorce?
• Do I and my ex wife have to file bankruptcy together or apart?
• In order to keep the house, can we settle on a child support payment amount that is less than the Friend of Court would determine?
• Is infidelity ever taken into account when awarding parenting time or child support?
• Is it considered kidnapping if the father does not consent to his children moving?
• Can grandparents seek custody?
• Can I ask to be my niece's legal guardian even if I'm stationed overseas?
• Where should I file the modification if I don't live where the divorce took place?

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• I'm currently unemployed but will start a job soon. Is my child support determined by my current unemployed status or by my pending future salary?
• My ex came after me for child support for a child that is 14 years old and I’m not sure is mine. What can I do?
• Is it true that it is against the law to make a provision for the support of children over the age of 18?
• My ex wife filed a motion for order permitting travel to Brazil with the kids. I'm afraid she won't return. What can I do to stop her?
• How is maintenance calculated?
• The judge granted our request to dismiss our uncontested parenting divorce. Does this mean the mediation agreement is null and void as well?