Should I try to emanipate the child is not in school and works full time wont be 19 until 2019 can I get this emancipated and be over with it or will I still have to pay child support even through the child isnt in school and works full time she dropped out of school in 2016
answered on Feb 8, 2018
You do not need to wait until the child is 19. There are many factors the court will consider when emancipating a child, including whether the child is pursuing an education and their ability to be self-supportive. I would need more details from you than are here. You should consult with an... View More 
My child's father is emotionally abusive and I'm certain he will lie about his living/working situation or lie about me to avoid being held accountable. Is it possible to get child support and refuse parenting time on grounds of his consistent absence and past threats of abandonment?
answered on Feb 6, 2018
The court will determine parenting time in the best interests of the child. The lack of contact between the parent and child will be considered by the court, as will appropriate living conditions and any child abuse. I’m unsure if you are indicating that the father is emotionally abusive towards... View More
She never filed and the kids are not in the best environment. They are not being properly supervised and being taking care of.
answered on Feb 6, 2018
I’m not sure I understand what is going on here, if she filed for custody or if you are filing, or she told you to file. I also would need more details about if there is a current court order saying who has custody. Either way, if you are seeking formal custody or you have custody, a 5-6 month... View More
answered on Feb 1, 2018
If you have joint legal custody, you will need the father’s written permission, even if you are the custodial parent. If you have sole legal custody you do not have his permission.
the state at the same time, due to a job offer/possibility in the other state? I was divorced 7 years ago but parenting time was split 60/40, the 40% going to me. I was forced to give that up about a year and a half ago. I have been unemployed for over 6 months, cannot find a job in N.J., have... View More
answered on Jan 29, 2018
You are free to move without needing permission of the court. Only when the child is moving is permission needed. If you are moving to Florida the current schedule would need to be changed, usually coincing with school vacations and holidays and for longer than just a weekend. You would benefit... View More
answered on Jan 29, 2018
You will need to exchange income information with your ex-spouse and then child support can be calculated by an attorney or by the court. A court order will need to be entered regarding the change in child support. An experienced attorney can do this for you and navigate you through the process and... View More
Father has zero right no visitation of the minor how does that effect this process or help
answered on Jan 27, 2018
If both parents agree, you can enter into a consent order setting the change in custody and how long it will last and other terms you agree to. You likely would benefit from the advice of an attorney to help you draft the order.
With money I had before we were married will I get that back before splitting everything up from the sale of the house
answered on Jan 26, 2018
It’s not automatic that you will get that money back. Another option is to receive more than 50% of the equity based on the money you put down. The outcome really depends on the details of the purchase and the property after the purchase. You need a strong attorney representing you to fight on... View More
answered on Jan 26, 2018
It is possible your alimony will terminate if you live with your boyfriend. I would need more details to give you a definite answer such as the date of divorce and the terms of your divorce agreement and details about your planned living arrangements. You could benefit from a consultation with an... View More
I raise and have been the only caregiver for my 6 month old daughter. Her father lives out of state 2 hours away and he has not spent time with her to know and bond with her. He filed court papers but I fear the safety of my child leaving the only caregiver and environment she knows overnight. We... View More
answered on Jan 25, 2018
There are many factors the court will consider in making its decision and I don’t have enough information to give you any guidance; you may want to consider consulting with an attorney so you fully know your rights and what the court will consider. If you feel uncomfortable at court tomorrow you... View More
My children's mother works in the courthouse as cleaning staff (employed by the county). She has talked to everyone that works there about our case. I asked for a change in venue and was told it still has to go before the judge and he will decide if the venue has to be changed Is this correct?
answered on Jan 24, 2018
You would need a court order to change venue. The legal requirements for a change in venue can be complicated, so you should consult with an attorney to discuss this.
She asked initially that we waite until she get her citizenship. we have been separated for 10 years in 13 year marriage. Would that count?
answered on Jan 24, 2018
There are many factors that will decide issues such as division of property and any request for alimony; because of all of the details needed and how complex these issues are, including your length of separation, you should contact an attorney for a consultation to discuss these issues.
My PSA states that I carry Health insurance under my employment when my son turns 3 because I live in a different state than the custodial parent. This was desired by my ex wife. Now she says that I can not claim my Health insurance that I pay for my son. I have married again and have my wife... View More
answered on Jan 23, 2018
Hello, I understand why you are concerned about this issue. The short answer is that you can typically include health insurance premiums in the child support guidelines, but it sounds a bit more complicated in your situation and there is the question of whether your ex-wife agree to do this. You... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
