Based upon what you said, you have nothing in writing that has been signed by your ex. If that is the case all you have is an empty promise. If your ex is not paying child support, you can go to court to get child support as long as the child is younger than 21. Speak to an attorney about the...Read more »
If the parents aren't married, the father has to go to court to establish paternity. He can file for custody/visitation at the same time. The fact that the mom ran away without the father's permission or a court order could be held against her in the custody proceeding.
My husband, swiftly and unbeknownst to me, depleted all accounts, cancelled joint credit cards & took possession of joint assets then served me with a divorce action/automatic orders. He has stifled me financially and has since ceased all financial support for myself and our 18 year old... Read more »
Since the divorce has already started you can't file for support in family court. You should speak to an attorney about his making a motion for counsel fees to represent you as the court will grant your attorney fees to represent you if your husband had the means to make payment. At the same...Read more »
I was assigned a counsel for an article 10 case who represented my kids' father back in 2011 in a criminal case. I feel this could be grounds for a conflict of interest because he may have personal feelings in this case. I wouldn't feel this way if the attorney replied to any of my emails... Read more »
There is nothing "illegal" per say in the attorney's representing you. However, based upon the fact that there is no communication between you and the attorney, you can request a new attorney be assigned.
My ex has not seen my kids, going on 3 years. He also has not paid a penny in support. He owes about $45,000. He owns a business and does not give himself a paycheck. I supplied the court with his bank information, all addresses, and a list of assets and places he rents to store things. Why... Read more »
Your best course of action is to file a violation petition with the family court. The court can then put him in jail if they find he willfully failed to pay the support order and award you attorney fees for having had to bring the action. In regard to sole custody, it sounds as if you have sole...Read more »
If a properly drafter QDRO is presented to a judge and there is no objection, the judge will sign it. As for the drafting of the QDRO, if the separation agreement is clear on how the retirement assets are to be divided then a QDRO can be drafted.
It is difficult to answer your question as you say you signed a "birth certificate." If it was a birth certificate then more facts are necessary. If however you signed an "acknowledgment of Paternity," then under the law you are the "father" of the child and will...Read more »
If you were served with a Judgment of Divorce that is signed by a Judge, then you are divorced. If you received any other papers then you are not divorced. Take the papers to an attorney and ask them to explain what it is you received.
My daughter is 21yrs old and is on her stepmother’s health insurance plan (Independent Health). It was a stipulation in child support papers that her father be responsible for her health care coverage. Obviously, her child support ended when she turned 21yrs old and now her father and stepmother... Read more »
I filed for modification in June and have no income to pay the support. I have paid as much as I can and have fallen behind. I'm afraid they will take my license or send me to jail. I am behind 3 payments this week. They told me it can take up to 60 days for a decision and will go back to my... Read more »
Before you can be sent to jail, there must be a violation petition filed and a decision that you willfully failed to pay the support. Based upon what you have written, you cannot be sent to jail. Your license can be suspended but that depends on just how much you owe for how long.
so my daughter is gonna be 2 in September her father has a court order that he takes her every other weekend and hasn't taken once every time i ask he tells me no he hasn't seen her she was like 3 months old. now that she is 2 she doesn't even know who he is and wont even go to him... Read more »
These are all questions that should be discussed with your attorney as you retained one. Beyond that, the only thing that can be said is that if the expenditures were frivolous you may be owed a credit in the divorce.
Our child was enrolled in a public highschool in the city I work/live but my spouse enrolled our child in her village (another county) during the pandemic. Our child wants to be re-enrolled in her previous highschool but my spouse is strongly opposed. We are running out of time since schools starts... Read more »
My daughter is 16 and wants to live with me now. She has lived with her dad since the age of 5. We did not go back to court for this. We did it on friendly terms but now that she wants to come back to live with me he says no. When she was around 1 year of age we went to court and had joint custody... Read more »
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