Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My divorce question is about a new modification and its effects on other parts of the decree that have been left untouched.

Our divorce decree says that my ex-wife and I will pay 50% of our child's health care costs. She has repeatedly failed to pay her full share of the monthly costs.

We went through a child custody modification last year where the visitation schedule was modified, though no other parts of the decree were.

Since a modification to the decree was previously made, does this effect all other parts of the divorce decree? So if she owes me financial support, am I able to go after her for reimbursement or is everything, including owed support, lost because there has already been a modification?

By Jennifer M. Paine

Michigan Divorce Lawyer

Your tax filing status, for most filers, is determined on December 31. If you were still married on that day, then you and your spouse can file a return with the status "married, filing jointly."

This is true even if your divorce began before the end of the year and even if you are living separately and have not relied upon each other’s income.

Question:

I pay alimony to my ex-wife. Our divorce decree is silent on the issue, but it is my understanding that I should no longer have to pay alimony if she is remarried or cohabiting.

My ex-wife is engaged, but I'm still paying her spousal support. It seems totally unreasonable to have to continue to pay alimony to an ex-spouse after she remarries.

So how can I get my alimony payments stopped after my ex-spouse remarries if the divorce agreement is silent on the matter of her cohabiting or remarrying?

By Christian D. Barnard

Oklahoma City Divorce Lawyer, Cordell & Cordell

If you are heading toward what feels like an inevitable divorce, it is important to protect your assets.

Unfortunately, the majority of people begin to consider asset protection planning only after being served with a lawsuit, but by then, it is already too late to shield your assets. 

Generally, unless you have an Antenuptial Agreement (or "prenup") property, debts, and financial assets acquired during the marriage are considered marital property and will be equitably divided during the divorce.

Question:

It has just come to my attention that I have overpaid my child support payments due to an incorrect wage garnishment of my military pay above the court-ordered amount.

I filed the request months ago to stop my military wage garnishments and was told they would stop. I later found out the person helping me at the child support division failed to file the necessary paperwork resulting in the overpayments.

How can I get this child support situation rectified and receive credit for the overpayments already made because of the child support office's error?