Get free answers to your legal questions from lawyers in your area.
Im disabled so havent had a job or filed taxes in a couple years. How will that work in divorce court when financial papers are due? Also can i request counseling
answered on Aug 22, 2018
You still need to report your actual income on your Sworn Financial Statement. You are also supposed to exchange 3 years of tax returns. If you have not filed taxes, you are supposed to provide the information that would have been on the return. The court is not going to order counseling if one... View More 
answered on Aug 20, 2018
The court will usually approve a parenting plan agreed to by the parties, unless something stands out as not being in the best interests of the children. The court would probably approve what you are describing.
She has three children ages 3, 5, and 11. The biological father lives out of state and has no contact with them. I want to legally adopt the children after we get married and their mother agrees. We are looking into me adopting the two youngest ones as they barely know their father. The oldest... View More
answered on Aug 20, 2018
Step-parents generally have no legal status with regard to their step-children.
My husband I are soon to be divorced I am the primary parent I want to ask for child support even though my ex has our son 3.5 days I still primarily pay for everything in regards to our son will the odds be in my favor?
answered on Aug 20, 2018
Child support is usually determined by a formula that considers each party's income, any maintenance payments, the number of overnights each parent has, the number of children and certain expenses for the children, such as child care and health insurance.You should retain an attorney who can... View More
We have no kids, no property, and no accounts. No shared dept either. Her dad got an attorney, I have been out of work for 6 months, no income, no money. I live with my mom now. She has gotten an attorney, and wants to mediate, but I can't understand for what. I provided my sword... View More
answered on Aug 17, 2018
The papers her attorney is requesting are required by Colorado disclosure law. You should just go ahead and provide them.
The children spend approximately 90% of their time with me. We currently live in Colorado. The twelve year old twins and I would prefer to live in Illinois close to our friends and family. My ex and I share joint decision making.
answered on Aug 16, 2018
Colorado law requires that you have his written consent or a court order in order to do this. You should retain an attorney to help you with this.
answered on Aug 14, 2018
A power of attorney expires upon death, so it is no longer valid.
answered on Jul 17, 2018
You may be able to write it in, but how are you going to get his agreement to this? Even if written in, the court may decline to approve the agreement with this term since it is very impracticable. You will need to have some justification for the provision. What will be father's parenting... View More
joint custody/decisions. Don't agree on school, status quo vs a school that is not suitable bc time/distance/work schedule. other party manipulated agreement with arrangement of AM drop offs, reneged after child enrolled. now attempting to coerce into agreements not in child's best... View More
answered on Jul 17, 2018
This depends on what your parenting plan says about resolving disputes if you can not agree. You seem to have good arguments for your position. you should follow your parenting plan and retain an attorney to help you with this in order to get the best outcome for you and your child.
My wife just doesn't want me around. we have 4 kids that need both of us. We have no extra money. I am the sole provider. my job only pays 16/hr. We are on food stamps and other assistance. There is no violence, drugs, adultery, or any risks. We have special needs kids, and in home therapists... View More
answered on Jul 17, 2018
Once a divorce is filed, the court can determine whether one of you has to leave. The court's primary concern will be the welfare of the children. The court can also enter orders for the return of the children if she does not return with them. You should retain an attorney to make sure your... View More
We have been together 8 years. 2 years in living together I bought a house. He had no part in the purchase. Down payment came out of my 401K. I also refinanced house on my own a couple of years ago. We do not present ourselves as married, do not file taxes together, do not bank together. Only... View More
answered on Jul 16, 2018
It does not sound like you have a common law marriage. He may have some claim based on "unjust enrichment" if he can prove he provided money/improvements without compensation. However, he would have to bring a court case against you to establish that. Your immediate problem is getting him... View More
My husband and I physically seperated on June 1st. Police were contacted and a statement was given by me regarding domestic violence (physical and verbal abuse in front of children). No charges were filed as they had no physical evidence that he had harmed me. He had no unsupervised or overnight... View More
answered on Jul 13, 2018
You can file on your own without him. Your written agreement may or may not matter if it is an agreement to resolve property and support issues. You should retain an attorney to represent you to protect your children.
answered on Jul 11, 2018
You and she can file together as co-petitioners. If not, she must be served with the papers by the Sheriff or a private process server, or she can sign an acceptance of service stating she has received the papers.
My daughter is 10 years old. Her father and I have never been married. His name is not on the birth certificate. There has never been any custody established. I moved out of state 2 years ago. If I file for child support and a court order is granted, will my daughter's father have a say in... View More
answered on Jul 11, 2018
Missouri has jurisdiction over custody issues since the child has been there for at least the last 6 months. It is unlikely the court would order the child to return to Colorado. However, the father may get some visitation rights. The court could order some back support depending on the facts. You... View More
No court orders in place. We share time, but he makes much more money than me. He does pay for her insurance and soccer
answered on Jul 9, 2018
Yes, you can file for child support at this time. You should retain an attorney to help you with this to make sure you get what you need.
The other parent is a habitual addict, has been in and out of jail with multiple arrests, owes $14,266.53 in arrears (does not have a job but receives VA benefits for a 90% service connected injury), has not paid child support since May 2015, has not complied with the divorce decree and is... View More
answered on Jul 3, 2018
The main issue is parenting time/decision making for the other parent. The court can enter orders designed to protect the child from the negative influences of the impaired parent. It may be possible to collect the support arrears through collection activities or contempt. you should retain an... View More
We have 4 kids, we've been married 9 years and I have been a stay at home mom for that whole time. He hates me and is leaving me to get evicted, turning the electricity off in a few days. He's mentally abusive but was physically abusive to his ex. No one will touch him. Even with... View More
answered on Jul 3, 2018
There is no actual legal prohibition which prohibits your leaving before a divorce is filed. Once a divorce is filed, there is a restraining order which prohibits taking the children out of state without permission of the other parent or the court. Upon filing a divorce, the court may (and often... View More
My 18 yr old daughter moved in with her dad and gave me a two day notice. I expected to receive child support until she is 19. I had no time to get a second job or roommate. She is going to college next month. He has filed a motion to terminate support immediately. When we originally divorced, I... View More
answered on Jul 2, 2018
You have 21 days from the date he filed the motion in which to file a response. The court should not do anything until then. You may be able to pursue collection of the other items you mention if he was supposed to pay part of them. That depends on what your court decree says about that.
answered on Jul 2, 2018
Why do you want it rescheduled? Does your spouse object? If you have a legitimate reason, the court may grant that. Generally, the court is reluctant to reschedule. They are not going to do it just because you don't want to do it then.
When he did come back for a couple months in a year's time he would leave the baby in a stroller or playpen all day while I was at work. I snooped in his phone and read messages on messenger that he was dealing both heroin and meth and that's why I left . I have no idea how to get a... View More
answered on Jul 2, 2018
You can request a custody order by filing a Petition for allocation of parental responsibilities. the court will have to decide matters in the best interest of your child. you should retain an attorney to help protect you and your child n this process.
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.
