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Permanent order of 50/50 and he is now trying to go back to the permanent order without letting me know his progress with his mental health will the judge find me in contempt? He did file a contempt against me. I have filed to modify the order to 70/30 and he filed a contempt once he received the... View More 
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answered on Apr 6, 2021
You are obligated to follow the existing order unless and until it is changed. There are not enough facts here to predict whether there are grounds for anyone to be found in contempt. As far as letting you know of progress with his mental health treatment, it depends on whether the current order... View More
I am my sons primary parent, I have him all week and his mother has him on the weekends. Also we have never gone to court for custody. She has just never really been in his life fully
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answered on Mar 27, 2021
If there is no allocation of decision-making responsibility then either parent can make a medical decision for the child.
Of state and the baby is born in MO, can he legally get custody if child is established in MO?
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answered on Mar 24, 2021
I am sorry to hear about your situation. He can petition for custody regardless of where the child is. That does not mean that his request will be granted. Courts consider the best interests of the child legal standard when deciding custody matters.
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answered on Mar 23, 2021
It depends on whether there is a court order or not. If there is a parenting time order, each parent's time is governed by that and law enforcement will enforce the terms of the order. If there is not an order, the matter may be one of parental kidnapping, however law enforcement may view it... View More
I have full custody and there has been zero contact w/non custodial parent who gets exemption every other year due to divorce decree. He kept their stimulus (2 kids) and is going to keep the extra child tax in July - the tax to end child poverty that he has had no children in his care - at all. Can... View More
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answered on Mar 23, 2021
If you are unmarried and filing separate tax returns, the stimulus check is based on each person' prior income and is not specifically intended to go to children so each party would keep his or her own. As for the extra child tax credit, it depends on what your agreement says. However... View More
Child Support Enforcement here keeps asking me for his address and employer.
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answered on Mar 22, 2021
Child support enforcement has location methods. You could also have a skip trace done privately to attempt to locate him. They possibly could do the same.
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answered on Mar 20, 2021
If he was the personal representative of the will, he could. Particularly if your father indicated that cremation was his wish.
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answered on Mar 20, 2021
It depends on what type of statement and how you retract it. If you say that you made a false official statement, then you could subject yourself to false reporting consequences.
I still pay on one child but my 2nd child is aged out and still paying the same amount as I did for both
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answered on Mar 15, 2021
You will have to file a Motion to Modify Child Support. You may want to consult with an attorney to handle this for you.
We do not have court ordered child support. We have been divorced for 2 years and has been activated several times for a period of more than 30 days. Is there a way to get temporary child support while he's away for 6 months? I have tried to ask him about it but he just says he's not... View More
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answered on Mar 14, 2021
Each military service requires that servicemembers support dependents. You can ask his military command to require him to pay you a monthly amount. The amount is set forth in service regulations. Usually it is related to the housing allowance amount.
Our agreement stipulates that we have 50-50 custody and shared decision making. We also have a stipulation that if one parent can't be with the child for more than 2 consecutive nights, the other parent has right of first refusal to care for the child. My ex is currently only allowing me to... View More
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answered on Mar 14, 2021
If the court order allows you parenting time at a time where the child is elsewhere without your consent, then you can pick up the child. You could also involve law enforcement if necessary to enforce the order.
Is it legal for one parent, designated as the "primary parent", make appointments and decisions for how unsupervised parenting time is spent with the other parent? The "step up" program has been over and done for over a year now, and now the other parent is trying to control... View More
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answered on Mar 11, 2021
I am sorry to hear about your situation. It depends on what your court order says. Usually one parent should not schedule events that will occur on the other parent's time without the consent of the other parent. However there is no law that prevents that. If this is an issue, then you may... View More
My husband and I are disabled and live along in the house, He uses a walker and me a wheelchair, have been very difficult because we don't have family close and some times one of us falls at dawn in the night and we have to tried to help our self take long time but we do.
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answered on Mar 11, 2021
I am sorry to hear about your situation. You should also check with the VA. I believe they have a caregiver er program where you may be eligible for in-home care.
I retired in 2018. I receive VA disability pay for an 80% rating. I also receive a military pension. As part of a divorce, I must pay 40% of my gross mil pension to ex spouse. Is it possible to waive mil pension in exchange for exclusively receiving VA comp in order to discontinue paying out to ex... View More
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answered on Mar 10, 2021
If you are above a 60% rating, then you receive concurrent payments. You receive your disability and your retirement. You can not waive the retirement portion to receive disability above what you are already receiving.
My friends mother passed away he spoke about keeping the apartment but nothing was finalized since he had to go to the army. Building knew we were moving in and always greeted us even came to fix things in the apartment but no one told us that we couldn’t be here. Today my boyfriend goes to... View More
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answered on Mar 10, 2021
It sounds like this may be an inheritance issue. It depends on what the will says. The fact that you are living there will not be relevant if he does not own the apartment. He may be able to assume payments if the will provides for that.
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answered on Mar 10, 2021
It depends. Generally a release from garnishment is required for an employer to stop garnishment. If that was not done, you may be able to bring a claim in small claims court or civil court for unjust enrichment if the other party received funds to which they were not entitled.
Would they split siblings like that? He has no other children besides the two year old we share.
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answered on Mar 10, 2021
If you would like to relocate with children, you will require the consent of the other party or a count order. Usually courts disfavor split custody, however if it is in the best interests of the children or you and he agree to it, then you could have split custody.
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answered on Mar 9, 2021
Split custody is not particularly favored by Colorado courts, however you can agree to it with the other spouse. You can also ask the Court for it and if the Court decides that it is in the best interests of the children, then it will award it.
I know this gets complex on both sides of business and what it means for my marriage - anyways I need business dispute to be addressed first and foremost but in response he filed for divorce which I’m told stops the business part from continuing! I fear this is again a tactic for him to avoid the... View More
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answered on Mar 6, 2021
I am sorry to hear about your situation. The divorce court will address property division regarding the business. There is a mandatory injunction which stops business activities that were not conducted previously during the marriage in the normal course of business. If there is a separate contract... View More
Kiddo is in therapy (divorce dealing with anxiety) and the therapist only communicated with mom. Did not update dad. Come to find out dad asked for an update on info and was polite and the therapist said in front of both mom and child that she was scared for her life and could no longer be the... View More
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answered on Mar 6, 2021
Therapists do not usually communicate information about therapy automatically to others. If a parent who was entitled to receive such information asked for it, and whether that parent was entitled to receive information would depend on the case history, a therapist will generally share that... View More
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