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Your current state is Ohio
"So my question is, I have a 6-year-old boy, and my ex-wife has full custody of him. I do have visitation rights, but according to the court order, I am responsible for the medical bills that are not covered by insurance. I do not have any insurance. I lost my job 3 months ago, and I am... View More 
answered on Jul 25, 2024
You must follow the court order until another order modifies it, regardless of your financial situation. If you can no longer afford what you have been ordered to pay, you should file for a modification. Now you can't pay what you don't have, but you could be found in contempt if you... View More
Do I need to ask for that in the divorce agreement?
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answered on Jul 24, 2024
In California, your soon-to-be ex-husband may still be eligible for Social Security benefits even if he has a pension plan, especially if he paid into Social Security through other employment or if his pension is from non-covered work. Social Security benefits and pensions are often considered... View More
In 2016 my parents signed the property I now own over to me and I registered it in my name in same year. My husband and I didn’t get married until 2020. The property is in my name not his. And also he works I do not and has 401k do I need a lawyer for that to since I don’t want anything from it.
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answered on Jul 23, 2024
He can claim the appreciation in value since the marriage should be divided as marital property. Likewise you can argue the increase in his plan's value since marriage is marital property. You need an attorney when engaging in such a legal suit, as you could lose valuable properties.
Divorce was granted about 14 years ago, and spousal support was awarded to my former spouse with no end date stipulated. I was diagnosed with a degenerative neurological condition and cognitive impairment about 5 years ago and have not been able to work full time for the past 3 years. My former... View More
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answered on Jul 23, 2024
In California, spousal support can be modified if there is a significant change in circumstances. Since your diagnosis and reduced work capacity represent a substantial change, you have grounds to request a reduction or termination of spousal support. Additionally, if your former spouse is now... View More
Theyve been married for over 40 years, and has had an joint bank account. Since she started getting SS he has been putting it into that joint account. With a possible divorce brewing, we were wondering if she would be able to get her SS from him? plus possibly alimony (in TX) , and her 50 / 50? Hes... View More
answered on Jul 23, 2024
I recommend that she open a new bank account at a different bank in her sole name and notify SSA to send her SS payments to the new account.
If she lacks the ability to work and earn sufficient income to provide for her reasonable minimum needs, she may be able to get an award of spousal... View More
it has caused me legal issues, and financial burdens with no legal merit, evidence of income, or any other burdens of proof.
answered on Jul 23, 2024
If a divorce was granted without proper service of process, you have only four years from the date of the divorce decree to file what is called a bill of review to challenge the decree. Particularly when you mention things like child custody and child support, most people would learn of the... View More
What if that lien, after a court order to be removed immediately, stands for an additional five months no matter the excuse [in this case simple refusal]?
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answered on Jul 22, 2024
In California, an attorney can place a lien on contested property through a mechanism called an attorney's lien. This lien allows the attorney to secure payment for legal services rendered. However, the lien must be validly placed, and the attorney must follow proper procedures.
If a... View More
My spouse filed for dvro, divorce in Aug 2023. Dvro is granted after completing the trial in Mar 2024. Wife is having child custody and i am doing remote supervised visitations.
But after that, spouse and her attorney are not responding much on the divorce case. after multiple requests,... View More
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answered on Jul 22, 2024
To expedite the divorce process in California, you need to take a proactive approach. First, document every instance where your spouse and her attorney have been unresponsive. This includes keeping copies of emails, letters, and any other communication attempts. Having a clear record will be... View More
I've had no job for close to 8 years now and even though I'm looking for work and applying regularly for postings I have yet to be given work apart from once where I was quickly let go due to negative background check info. I've been married now for 8 years and have 2 other children... View More
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answered on Jul 21, 2024
Under California law, you may be able to modify or even suspend your child support payments due to your current financial situation. To begin, you should file a motion with the court to request a modification of your child support order. In your motion, explain your lack of employment, the length... View More
New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More
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answered on Jul 21, 2024
To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More
I have little to no money. I do not receive much social security. $400 month. My name is on our property along with his but that is all. Our property is paid off and we have no debt. My husband collects money from the V.A. Monthly plus extra because we are married. He recently had our Federal taxes... View More
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answered on Jul 20, 2024
Under California law, you are entitled to a fair share of the marital assets, even if they are in your husband's name. Community property laws dictate that assets acquired during the marriage are generally considered joint property, meaning you have rights to a portion of them. This includes... View More
Can they make me move out immediately if I have already paid the rent?
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answered on Jul 20, 2024
Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.
The new owner of the property must honor your existing... View More
I'm in middle of divorce. Mediation fell through. My spouse has an attorney now advising her but not officially representing with substitution of attorney with the courts. I am not represented. The attorney representing her proposed moving the funds from the sale of our family home from escrow... View More
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answered on Jul 19, 2024
Under California law, the proposal to move the funds from the sale of your family home into a "client trust account" managed by your spouse's attorney raises concerns about impartiality and security. Client trust accounts are typically used to hold funds on behalf of a client, and... View More
The division of asset as listed nor properly divided. I was never given a copy of the divorce decree and zero asset where listed and no pension was granted on my behalf as it waws martial property.
answered on Jul 18, 2024
A default judgment can be set aside by the judge. Simply claiming the property wasn't properly divided may not be enough. The judge will need to know why you didn't do anything before now. If it is set aside, it begins anew.
We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.
answered on Jul 18, 2024
An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.
answered on Jul 17, 2024
No. Once the community property is terminated, income and debt you earn/obtain is solely yours moving forward but the already existing community property is still that. If your community property is terminated, then the community property between spouses remain just that, except that you are now... View More
1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More
answered on Jul 13, 2024
Hello,
Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:
1. Reimbursement for Overpayment of Maintenance
Yes, under Illinois law, if you overpaid maintenance due to a decrease in... View More
answered on Jul 13, 2024
Hello,
I'm sorry to hear about the verbal, mental, and financial abuse you've experienced. It's important to remember that domestic violence (DV) isn't limited to physical harm. The behaviors you describe are forms of DV, and it's not your fault.
You are... View More
Wanted to file for divorce. Originally a California Resident, but lived in Mexico for over a year. She is in a mental health facility, and had taken the children and CPS had to remove the children from her. She tried to get me arrested with false accusations. I want to get divorced as soon as... View More
answered on Jul 12, 2024
You will need to meet the residency requirements in order to file for divorce (i.e. six months.) False accusations, CPS involvement and mental health issues don't change that requirement. There may be options depending on all the facts.
My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More
answered on Jul 12, 2024
You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More
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