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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 >> Legal Strategy
Nov 09
2009

Ask A Lawyer: What Do I Do About My Ex's Instability And Our Son?

Posted by pmcmahon in Maintenance , Legal Strategy , Erik Carter , custody , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question:

I am in a pending divorce because my ex was having an affair.  I don’t want the divorce, but feel I will lose custody of my son if I don’t file first. Our court date is set for September 24th 2009. The temporary custody orders gave us joint physical custody with my ex being primary and myself secondary. I currently pay my ex child support although she refuses to work.

I moved thirty miles away to Fort Smith, Arkansas, in the hopes of stopping our arguing in front of our three year old son. I have an apartment, car and new job, and have seen my son at least 48 hours weekly.  She’s living in her mother’s house which was just sold on Monday, and now my ex has about seven weeks to find a new home. I feel terrible about this, but also think I would lose everything that I’ve gained by leaving her if I cancel the divorce at this point.

Further, I’ve asked for sole custody of our son because her past shows that she has been and is still currently unstable. She at one point stated that she wanted to work on our marriage and end the divorce, but I’ve since realized it was a play in the hopes of getting me to help her gain more stability in her life.  She refuses to move in with me now, and won’t talk about our marriage without getting angry and arguing with me.

Do you have any advice for me?

Nov 07
2009

Ask a Lawyer: help

Posted by Dads Divorce in MO , Legal Strategy , Ask A Lawyer

Question:

Child support is under $2500 but what I owe is not, can I get my passport?

Answer:

I recommend contacting the State Department to determine if you are eligible to receive your passport.
Nov 07
2009

Ask a Lawyer: STOP/ MODIFY ALIMONY

Posted by Dads Divorce in SC , Legal Strategy , Ask A Lawyer

Question:

Are there papers that I can file myself to stop/modify alimony payments in South Carolina? My ex had no skills when we divorces in 1989. She has made more than money for years. I do not have the money for an expensive lawyer. I have not worked in 3 years due to Rheumatoid Arthritis which was diagnosed abut 5 years ago.

Answer:

I am not licensed in South Carolina. However, most legal proceedings can be done pro se (without a lawyer). Keep in mind if you do file without an attorney you will be held to the same standard as an attorney. Meaning you will need to follow all the rules and procedures as if you were a lawyer. Your state may have a self help center with forms and or instructions for filing. Check out your states Bar or Judiciary websites for guidance. You may also want to contact your local legal aid for free assistance.
Nov 07
2009

Ask a Lawyer: Disabled Female Vet with DDD and Fibromyalgia unable to work

Posted by Dads Divorce in Legal Strategy , HI , Ask A Lawyer

Question:

My husband and I have been married 14 years marriage is irreconcilable and spouse is literally making me sick by stressing me out, which exacerbates my pain. I can no longer work license medically retired from military. We own a house in Hawaii, he works as a contractor and also retired from military with no child custody involvement Will I be awarded the right to stay in my home since I cannot be gainfully employed under any circumstances due to my daily pain level? I am on disability. The monetary benefits will not pay for the overhead of my house Will I be awarded alimony with my current employment status. I receive Medicare and TriCare for Life along with his employer medical benefits pay for my monthly pain meds. I can dress and feed myself he does not asset me in anyway. We have one vehicle which I paid for prior to my retirement but no longer drive ( I have a valid driver license). I have upgraded the interior and exterior of the home and all repairs, furniture and maintenance needed in the home are paid for by me. There are certain appliances in the home that benefit my medical condition paid for by my disability benefits. I wish to stay in my home since the interior and exterior upgrades benefit my medical conditions He pays for the mortgage, utilities, vehicle and home insurance. I pay for residential maintenance, family dental, TriCare, cable, cell phone bills, Home Association Fees and home maintenance insurance. Property taxes are exempted $150,000.00 due to my disabilities This man is an e-mail sex addict with other women and constantly runs up the cell phone bill calling women. Please help me. He is purposely keeping my pain level at a 10, which incapacitates me most of the time.

Answer:

I am not licensed in Hawaii. Every state will have different standards for awarding Alimony. However, the factors considered by many states are the earning capacity of the spouse and disability. Based on those factors you are in a good position. I recommend contacting an attorney in your state that can look at all the factors applying the law in Hawaii.
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