Neil Colman's answer What does your Judgment provide? If they were joint returns and not addressed in the Judgment, you may have to go back to court in an attempt to get clarification. The government is not a party to your divorce. Therefore, both taxpayers are liable if not addressed in the Judgment.
Neil Colman's answer How long have his daughters been with their mother? If for an extended period of time, she might file a motion with the court seeking to change the custodial arrangement. The court order or Judgment grants him sole custody, so there's no reason why they should not be with him, absent my caveat.
Neil Colman's answer Talk to your attorney. That's who you're paying. You have control over the situation. Just don't respond to any letter and save your money to pay the attorney if they carry out one of the threats.
Neil Colman's answer All child support is sent to the recipient of support (custodial parent generally). If anything is withheld by the state, it means that public assistance has been involved and funds that may be taken go to reimburse the taxpayers of the state who contribute to the support of those children.
Neil Colman's answer These would be his stepchildren, correct? If so, they don't come into play. He's not entitled to any set-off or credit, as he has no legal obligation for the support of those children (they're not his biological children).
Neil Colman's answer That depends. If there are minor children involved and your intention is to move with the children, most courts would not permit it without first obtaining the court's permission/order. If there are children and the move would be without the children, you need not remain in the residence. I caution you however. There may be issues relating to payment of child support and/or maintaining of marital expenses which might be affected by such a decision. I highly suggest you retain the services of an...
Neil Colman's answer You have an obligation to comply with the Court Order for Support until another such order is entered. I suggest you retain an experienced family law attorney to file a Motion to Suspend Support and to require her to bring the child(ren) back if that's what you want. Again, much could depend on what your Judgment states and how long she's been out of the State of Michigan with the child(ren). All Judgments are to state that the domicile or residence of the minor child(ren) cannot be removed...
Neil Colman's answer Hire an experienced family law attorney who can file in the county where you reside and he/she could file motion seeking an Order requiring that the kids be returned to the State of Michigan, since Michigan is their home state.
Neil Colman's answer There are no forms to fill out to resolve the problem. You MUST find a way to borrow money and hire an experienced family law attorney. This is not an easy process. You’re not qualified to handle a matter of this importance or magnitude. No one can teach you how practice law, and that’s why you need an attorney.
Neil Colman's answer You start with retaining a very experienced family law attorney who has been involved in custody cases. Don't know why you say he gained custody unfairly. If you were not represented or did not take part in the proceedings, that is your fault. Is there a Judgment? Was he awarded sole legal and sole physical custody? What does the Judgment say about changing the children's residence or domicile outside the State of Michigan? You have an uphill battle to gain custody. Good luck.
Neil Colman's answer With a marriage of 1 year you might be lucky to get 50% of the value of the guns you claim were purchased during the marriage. What happens when he asks you for 50% of the value of the clothing you may have purchased during the marriage with joint money? What is the ratio of your respective incomes? As for the house you will get nothing, especially since it was his premarital property.
Neil Colman's answer In my opinion, there is nothing you can do to make him leave if he doesn’t honor your request to leave. The fact that he is having inappropriate relations is not a basis for a court to require him to leave.
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