Home state refers to the last state where the children lived last for 6 months. As the children moved to FL in Feb. that is not the home state if they lived in PR for the previous 6 months. However, if neither of you live in PR then FL will be considered as the home state.
If there is a provision in the Judgment or your stipulation if you have one that says the retirement account(s) would be split then you can have a QDRO done. If there is no mention of sharing the retirement account(s) then the answer is no.
He thinks he is entitled to claim our son; he works OT every week half on books half off. He claimed him this year and screwed me. He doesn’t even dress him in clothes that fit him. He also doesn’t think dinner visits are acceptable as in order and rather than listen to him complain I gave in... Read more »
Under IRS rules, the custodial parent is the one that claims the child. This may be changed if you sign the appropriate IRS form releasing the exemption or there is a written agreement between the two of you that says he gets to claim the child.
In any divorce decree, there is usually a recitation in regard to children or that none are expected. If there is a child expected, that would usually be noted. No matter what, even if this were overlooked, you can always go to Family Court and bring on a paternity proceeding where he could be...Read more »
I have been divorced for 7 years, we have two kids, during the custody negotiations my ex-husband was contracted by choice to work weekends as an ICU nurse. He would not take any weekends and because I wanted him to see the kids I agreed to a schedule that was Monday afternoon until Thursday... Read more »
He cannot force you to make a change if you do not want to. He can bring the matter to court and the court will decide what is in the children's best interests. You should be aware, that the usual visitation schedule is every other weekend and 1 night for dinner each week. You can however...Read more »
The question isn't clear. However, if you are asking when the statute "runs its course" to mean the last date that arrears can be sought, then the answer is 20 years from the last date that support was due. That would be a defense in an action for arrears and would only be used at that time.
You don't have to wait for a divorce, if your husband has stopped supporting you, you should go down to your local Family Court and file for support. Any support order would be retroactive to the date you filed your application so the sooner you file the better.
Her daughter wants to be taken off the health insurance. We don't want her off cause she'll be going to a lesser insurance plan. Do we have to take her off the health insurance plan cause she wants off? We want to keep her on cause it's a better plan.
She is an adult and you cannot keep her on your plan if she doesn't want to be on it. You can point out to her the benefit of your plan over hers and the savings she will have in costs if she stays with your plan but in the end it is her decision.
My brother has health issues and can't travel and they still are taking child support for his son that is now an adult and is not in school. Is there anything he can do from PA to get those payments stopped?
My father was unofficially adopted by my grandparents in Puerto Rico in the 1950s, and when he was born they did not change his original last name to what should of been my adoptive grandfathers last name.
For all the time he has been in the United States (specifically NY for over 40... Read more »
Based upon what you have said, to begin with the case would have to be done in PR as that is where he was born, however, since the "adoption" was unofficial it is unlikely that it can be done. What is probably a better option, is to bring an action for a name change back to the time he...Read more »
The short answer is no. Mom makes the decision for herself and the other daughters can help mom get vaccinated if she wants to. The POA only gives the daughter the ability to act in mom's place for those things she was designated to do (usually financial matters), it is not a power over the mom.
I use to live in NY. Moved with my ex into his moms house in Missouri. I got Foodstamp’s to feed my kids. Put my ex on child support in 2015. I moved to Georgia. Had to get Foodstamp’s again. They told my ex an order was entered in April of 2020 and I told them he made $100,000 a year. We were... Read more »
If you received any type of public assistance, the agency that paid that support could have brought an action against your ex. To know what is going on you should ask for a copy of any court orders. You should also file for child support or child support collection in the state you currently live...Read more »
My husband pays support for a 19 year old who hasn’t attended school since he was 16. He lives with his girlfriend half the time at his Mothers and half the time at his Girlfriends Mothers. He works under the table and pays rent to his Mother and is responsible for his own food. We have... Read more »
First check with the bar association in Saratoga County for attorneys. In regard to the support, you have a good case for having support terminated. Your child is over the age of 18 and not going to school. That is the basis for cutting off support. It would then be up to the mother and the...Read more »
I am studying in Halifax NS Canada, and cannot afford a lawyer. She did not notify me through proper channels and with only six days advance warning, and I expressly said I did not consent to have my children move states, school districts, etc. She feels that I do not have a say in the matter. What... Read more »
You can file for an emergency order in Family Court stopping the move until such time as the court has an opportunity to decide the issue. Once in the Family Court you can request the appointment of an attorney if you meet the income guidelines. You should know however, that because you do not...Read more »
They have been together 7years,lived together almost 5 years and married in 6/2020. January 2021 he doesn't want to be married anymore. She knows she can't afford the house alone and he won't go to counseling.
You haven't supplied enough information for a good answer. Since the house was bought together they each own the house. Based upon the limited information provided, your daughter should not move out at this time. It is highly recommended that she seek a consultation with an attorney where...Read more »
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