John Hyland Barrett III's answer The child support order needs to be complied with without off-set for some other obligation. Failure to pay child support can be punished as contempt of court. you should get a lawyer to help you enforce the order.
John Hyland Barrett III's answer The judge can award the house to either party as part of the property division. The judge can also order the house sold and the proceeds divided accordingly. Your sister should get a lawyer to help her with the custody, child support, and property division issues.
John Hyland Barrett III's answer You should receive an adjustment in the calculation to account for your additional child. Basically, when running the calculation, your income is reduced by the amount of child support that would have been paid for the new child. This probably would not make much difference. You should consult with an attorney to run the calculation and advise you how to proceed.
John Hyland Barrett III's answer The POA does not need to be filed with the court in order to be effective. If you are seeking legal custody, you do need to file a court action. You may be able to do so since the child has been with you for 2 years. You should retain a lawyer for this if that is what you want to do.
John Hyland Barrett III's answer Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her "boyfriend" would have to establish that they had a common law marriage in order for him to be entitled to the house. That requires evidence that each of them considered themselves to be married. That can be contested in...
John Hyland Barrett III's answer Hopefully, you realize that you will need court permission, or agreement of the father, to move your child to Nebraska. If granted, that may lead to a change in child support due to a change in the parenting time. The financial assistance he receives from his family should be counted as income if it is regular and substantial. You should hire a lawyer to help you with these important matters.
John Hyland Barrett III's answer This depends on whether you have joint decision making or if her mother has sole decision making. You should review your parenting plan and follow its provisions for resolving disagreements. You should get a lawyer to help you with this.
John Hyland Barrett III's answer IT DEPENDS. IF THERE IS AN EXISTING COURT ORDER, THEN YOU NEED TO GET COURT PERMISSION FOR TE MOVE. YOU SHOULD GET A LAWYER TO REVIEW YOUR SITUATION AND ADVISE YOU HOW BEST TO PROCEED.
John Hyland Barrett III's answer You should be able to pursue the other matters without waiting on resolution of the judgment issue. It would be up to the judge to decide how s/he wants to proceed. The court may want to deal with all matters at one time. It sounds like you should hire a lawyer to deal with this.
John Hyland Barrett III's answer You may be able to have your husband do a step-parent adoption. This will be easier if her father will consent to it. If not, you can request the court permit the adoption on the basis he has failed to provide any support for over 1 year. You should retain an attorney for this.
John Hyland Barrett III's answer You are required to make full financial disclosure to the court. The court is being asked to approve your settlement and make it a court order. That requires the court to make a finding that your agreement is fair and reasonable.
John Hyland Barrett III's answer You may be able to do it IF the order states the amount of health insurance reimbursement. Otherwise, you can file a motion for entry of judgment. He can respond and the court may set a hearing. you should retain an attorney for this.
John Hyland Barrett III's answer The court will probably follow the child support guidelines, unless there is a very good reason to deviate from them. You should retain an attorney to help you with this.
John Hyland Barrett III's answer JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.
John Hyland Barrett III's answer I'm not sure about the mother pursuing cs. However, you do have the ability to contest paternity in a cs matter, unless it has already been determined-like in a divorce.
John Hyland Barrett III's answer If this is a divorce, you can enter into a written separation agreement. It will be binding if the judge finds it to be fair and reasonable. You should hire a lawyer for this to make sure it is done right.
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.