So my husband and I had our status conference today and at which point he decided that he did not want to go with the separation agreement that we both agreed on and is now potentially asking for spousal support. How do I show that he is just a gold digger and after money.? He has committed... View More
You can ask that income be imputed to him at the wage that he is capable of earning. Some would hire a vocational evaluator expert witness to do this. You can also provide copies of prior pay statements to indicate what you believe that he is capable of earning. However he may come up with reasons...View More
If he files a motion for modification or an initial petition for parenting time, you can provide relevant evidence in response, whether it relates to safety concerns or financial matters. Courts do generally want both parents to have contact with children, however absent abuse or neglect.
You have to make diligent efforts to find him, i.e. friends, family, social media. If you can't find him, you could file a motion for substituted service to provide notice through publication in a newspaper. The court would not be able to handle support matters or divide out of state property...View More
The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More
Property settlement modification generally relates to disclosure of assets and debt and not income. Also, it sounds as though someone may have accepted a job, but may not have been working at the time of the hearing/decree.
Generally childcare is included in the child support order. If it is, it is part of the order. If you are ordered to reimburse, then you have to reimburse. If the court has not ordered it, statute requires it, however a court would have to enforce the statute.
A person can withhold a child for safety reasons, however they risk being in violation of a court order if the issue is brought to Court and the Court determines that there was not imminent harm. Generally when a person withholds a child, that person simultaneously files an emergency motion with...View More
Only a CFI can write a rebuttal report. However, you can submit whatever evidence you have in your testimony in court. There are rules of evidence surrounding character evidence and impeaching someone. If testimony is admitted about the lie, then you can impeach the lie. The CFI Report will be...View More
My son has a half sister, her father was able to do a termination of mother’s parent-child relationship with a step adoption. I have more than enough substantial evidence to prove mother is an unfit parent. This custody battle has gone on 6-1/2 yrs as long as our son has be alive. Mother... View More
One parent can't terminate another parent's rights. The step-parent adoption process is an exception. If there is a step-parent willing to adopt and the court decides that is in the parents best interests, then a step-parent can adopt. Parental rights are terminated through the dependency...View More
She has been having the affair for the last few months. Staying out all night, not coming home until the morning smelling of alcohol. They also have an 8-year-old child together who has witnessed her behaviors. She has also been neglecting the child. The child keeps asking for his Mom who has... View More
It depends on what he wants. He can get divorced or he can see if his Wife will agree to treatment. It is unclear the nature of the neglect. Just being gone while someone else is caring for the child is not neglect. It is not likely that she will be prosecuted for adultery.
My children have had cell phones for a few years, with screen time limits and certain apps blocked. Their mom never approved and told the kids not to take them to her house on the weekends. They've always been able to contact her on my phone whenever they want. Now that they are in high school... View More
There are no laws about when phones have to be available and parents are generally expected to be able to reach agreement. There are parental coordinators and decision makers who can assist parents in reaching agreement on matters that do not rise to the level of court intervention. The general...View More
So currently, I’m going to be custody battle for my son. And my ex is trying to have me sent to jail or back to prison over child support. I was paying when I was working I lost my job due to a car accident and I’ve been applying nonstop and have the proof. I’ve been looking and I’m not... View More
You can be sanctioned for failure to obey a court order. If you have a substantial and continuing change of income, you can file for a support order modification. If a conviction has an impact on your ability to earn income, you can mention that. However courts anticipate that if you are looking...View More
I just need to know what forms to fill out to send in to get it on the docket for a judge to hear. I am hoping that my son will come with me but his father wants someone else to decide if he can come with me.
You will have to have consent or a court order and will have to file a motion to relocate. The Court has to consider several legal factors with a relocation so you will not find a standard form to complete.
All you can obtain is your name on the birth certificate if the other parent consents to that. Custody is a status that a court has to grant. However, if the child is born during the marriage and/or your name is on the birth certificate, you are e the presumed parent.
He is very non-involved with the two of us. He can't keep a job and our apartment is roach infested and the foundation and walls have major cracks. it is a dump and honestly should be condemned. we went three months without a working kitchen sink before the landlord finally got it fixed. No... View More
It depends on if there is a court order in place or not. if not, either parent can remove a child from the state but can not withhold that child from the other parent. This action often comes with a host of problems though, such as allegations of parental kidnapping.
I live in colorado, the father is in florida, and he filed paternity, I'm a victim of domestic violence by him while pregnant, he was trying to force me to have a miscarriage by punching me in my stomach several times, and beat me, and got.arrested for it
I am sorry to hear about your situation. If the case is filed here, you will have to cooperate with the testing. You can contact Colorado Legal Services and Tessa or another domestic violence center to see if you qualify for low-income assistance.
I have a child support order that was put in place in 2011 and included 3 children. We have never had a modification done even though the children moved from me as the custodial parent to their mother. 2 of the 3 children are now 21, so 2 years removed from the order and I'm still paying the... View More
It is always risky to self-adjust a court order. If the other party never makes an issue of it, you might not have a problem but if there is a disagreement, you could be in contempt of court. When a child ages out of the order, you can have the order adjusted. if you are going through Child Support...View More
Have a monthly agreement to pay a certain amount every month I have kept to my agreement but this is the 3rd time now they have suspended my license forcing my husband that has no obligation to my child support to pay for my reinstated again. Now he won't pay it cuz it just keeps getting... View More
personallyIt sounds like there may be some agreement that might contradict a court order. You have to pay the court ordered amount. If you have a substantial and continuing change of circumstances, then you can move to modify the child support ongoing amount. You just have to show your proof of...View More
I’m a full time student and make about $1500 a month from disability and cannot afford a house on my own. I’m living out of a van at the moment. I’m wondering if he’s obligated to support me financially until the divorce is finalized ? He’s in TX active duty navy, im in OK now.
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