Most Living trusts are revocable - that means they can be changed during the life time of your dad- trustor (person who set up the trust.) What he wrote in his trust today could be changed tomorrow. As such, the answer to your question is yes, she could get the house. Further, she could...Read more »
Accepting service is not like you are accepting liability for support. Accepting service is only receiving the papers and nothing more. You should contact an experienced family law attorney who can guide you through filing the proper response in a timely manner and assist in addressing the...Read more »
Retain an experienced family law attorney who can seek to obtain a temporary order of custody pending a hearing to determine custody. You do not provide enough facts to assess the likelihood that you will prevail, but generally speaking if the child is baby and attached to you as the primary...Read more »
Non custodial has no relationship with parent so when Mom was terminally ill, they decided to give custody to the uncle (bio mom's brother). How do they configure child support when there is no secondary parent income?
As the father of the child you are responsible for care and support of the child whether the child lives with the uncle or not. Unless your son is adopted by someone else, you remain liable for the care and support of the child.
I already file for child custody a year ago and We got the court order for it, And he has never had my kids with him or called them or be interested in there life, can I get full custody for my kids because of it.
You can ask for it, but if he does not have any earnings, the court is not going to order he pay support just because you ask for it. You would need to file a request for order to ask for a support order and establish that he is capable of working but he willingly does not work because he does...Read more »
She wants full custody and allowing me every other weekend, but at the moment i have 60% custody, the mediator told her she can't support that , and will not support that! So instead of coming to an agreement , she wants to go in front of the judge. Just worried, do i automatically lose by not... Read more »
You could be prohibited from being heard by the court if you do not file your responsive papers timely. However, many courts will not impose such a harsh penalty and will allow you to file your papers late and be heard at the hearing. It is within the court's discretion to decide what remedy it...Read more »
We have been using a parenting plan that was signed and notarized since 2015 and had us both at 50/50 legal custody. I am wondering because we have a history now of each other agreeing on 50/50 and now just because they are back here in the states she wants to have full custody.
It sounds like you agreed on 50/50 but you did not actually exercise 50/50 physical custody. You mention that she is now "back in the states" which leads me to believe they were out of state such that 50/50 split impractical and not exercised. If it was never or rarely exercised, then the...Read more »
Court ordered father to pay child support. After two years, mother offered to forgo child support in lieu of claiming the child on taxes each year. Before they rotated. A new agreement was written and notarized. Court was not made aware of the change. Court orders did mandate both parents... Read more »
Many courts typically order that both parents provide insurance if it is offered and that medical and other extra ordinary expenses above the child's general daily living expenses, be split 50/50. As such, I would first recommend that you carefully review the initial support order to see if there...Read more »
Absent a pre-existing court order for support, the court is limited in its jurisdiction to enter an order for support retroactively. Assuming there are no extenuating circumstances, the court is generally limited to going back only so far as the date that you are served with the papers requesting...Read more »
It may or may not be legal depending on the facts of the case. The state has the right to collect court ordered child support due by attaching money held in bank accounts with the owing parent's name on it. If his name is on your account then he has a right to the money in your account. And, if...Read more »
He lives with me and is a 4.0 full time student. He will graduate in June of 2018. I drive him to school and back. Take him to his after school activities. He's a student editor for his HS school paper. I use the child support money for food, clothing, basic hygiene needs, all his school supplies... Read more »
Presumably you have a child support order. In your child support order it should spell out when child support ends and typically such order generally state that child support ends on the child's eighteenth birthday, unless the child has not graduated from high school and is still in school full...Read more »
I would like to file for a custody hearing and stay the support hearing (not set yet) until we can decide custody. - CSS has told me beginning Nov 1, I will start owing 1630.00 and should keep that in my savings until the final decision is made. I was told that the Support hearing would be stayed... Read more »
It sounds to me like there may already be a support order in place since CSS told you that beginning November 1, your support obligation of $1630 starts. But, you should have been given notice of any such hearing where a judge would render a support order, so perhaps there is no current order...Read more »
It saddens me to read your question, Unfortunately, without more information it is impossible to give you a straightforward yes or no. It depends on a variety of things. I recommend that you immediately contact an attorney to discuss your situation in detail and ascertain your options. If you...Read more »
It is not exactly clear what you are asking for ... advice about whether you should track her down and try and force her to come back so she can perform her 50 of the 50/50? Or advice about whether you should file something with the courts to change the custodial arrangement to sole legal and...Read more »
It depends of what type of decision the judge gave you in your divorce. If it was a decision dissolving your marriage and returning you to a single person along with orders dividing property and debts and orders disposing of all other issues in the case, then you would use FL 180. I would...Read more »
My wife has the full custody of her 9 years old daughter and already changed her last name to her maiden name. Do we need her biological father's consent for me to adopt her and change her last name to mine?
Generally, yes you would need the written consent of the father to adopt even if the mother has full sole custody of the child. However, if the court were to find that the bio father had abandoned the child, within the meaning of the family code, that could serve as an exception to having to...Read more »
4320 (i) provides that in making a determination about spousal support that the court must consider "Documented evidence, including a plea of nolo contendere, of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either...Read more »
Soon to be ex husband moved out of the house 4 months ago. He lives with his cousin, she is married with 3 kids and is currently pregnant. He works night shift 6 night per week. He is asking for 50% of the custody of our 18 month son and newborn daughter but I feel they are too young. What would be... Read more »
You are correct that the children are much to young. Medical studies have demonstrated that it is not in the best interests of children that are still in their developmental years (younger than 6) to be forced to sleep overnights away from the home and bed they are accustomed to. What would be...Read more »
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