I am temporarily disable. And my spousal support for life terms .
answered on Nov 28, 2020
Do you know where he lives? When did he stop paying? If it has been several months since he has paid support, then you may want to have a contempt citation issued against him for failing to the court ordered support. You will need to know where he is because you must personally serve him with... View More 
Due to lack of a lawyer, than the lawyer pushed the hearing back 3 months, from September to December, then the lawyer dropped the client due to lack of payments, the client gets a new lawyer 3 weeks before the alimony hearing, can the case be pushed back again
answered on Nov 29, 2020
Continuances are disfavored and a matter within the discretion of the court - if this next continuance that you intend to ask for has the potential of causing prejudice to the other side, that will weigh heavy against you in the analysis - The attorney will need to make a very strong showing of... View More
answered on Nov 29, 2020
Yes, so long as the attorney has experience in both areas of that law. Good Luck.
We were married over 25 years, support was court ordered for long term marriage. He went on furlough when Covid started, and collected unemployment benefits...now I believe he has retired early from his union job, so the checks that were issued by his employer stopped. He refuses to comply. Divorce... View More
answered on Nov 29, 2020
You should get an order assigning payment of your support to you out of every check he gets in retirement - just like an earnings assignment order - file a N-195 assignment orderand have it served on the entity that pays out the early retirement benefits. a certified document assistant can help... View More
answered on Nov 7, 2017
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... View More
My kids have lived with me for the past 3 years and I got a phone call today that i am going to be served for child support since their mother asked for welfare aid.
answered on Nov 4, 2017
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... View More
I just want to get her home and he refused to bring her after we agreed he would twice. What Can I do to get he me home as soon as possible?
answered on Nov 3, 2017
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... View 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?
answered on Nov 3, 2017
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.
answered on Nov 3, 2017
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... View 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... View More
answered on Nov 3, 2017
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... View 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.
answered on Nov 3, 2017
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... View 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... View More
answered on Nov 3, 2017
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... View More
And nothing in writing. I have been paying periodically over the last five years. Can a judgment be placed on me if this is taken to court? Thank you
answered on Nov 3, 2017
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... View More
I should not be held responsible for another couples children
answered on Nov 3, 2017
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.... View 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... View More
answered on Nov 3, 2017
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... View 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... View More
answered on Nov 3, 2017
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... View More
My son is 1& 5 months & my daughter is 2 months old.
answered on Nov 3, 2017
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... View More
He's already there with grandparents and they have enrolled him in school with my notarized letter
answered on Nov 3, 2017
It depends on a host of things. Where do you live? Is the father in the picture and does he consent? What are the reasons for him being in Alabama with the grandparents, rather than with you?
answered on Nov 3, 2017
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... View More
answered on Nov 3, 2017
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... 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.
