Divorce Law Questions

I have joint legal custody of my daughter but not joint physical, which means my ex is the primary and I pay child support.

The decree spells out specifics about the days I get my daughter, including extended time during the summer and holidays.

I switched jobs in the past year and the position doesn't allow for much time off during the summer and often requires working late on Thursdays.

Since my ex is the primary, can I basically say that I can't take my daughter and she will have to take her --regardless of her job or situation.

Or am I basically required to take of her car for any days that I "get" with her from the decree?

Thanks,

Cloud

So my ex wants to go to court to accomplish the following:
a) raise my child support
b) have decree modified so that her visitation schedule is in line with most divorced men's schedule (who have children).

I allowed b) as a favor because she began a serious relationship with a man and it was headed toward marriage. The relationship eventually ended after about 7 months and I let my ex know that I wanted the schedule to go back since it was a favor specific to that relationship.

She became angry and said it was in my daughter's best interest that my ex have the current schedule that aligns with divorced men who have kids.

Since our current decree rules, we are going back to the decree schedule in January.

Does she have any legal ground to really have it changed to accommodate her social life and her claim it's in the best interest of my daughter?

Second, if my ex pushes for a hearing like this--can I use this as an open door to push for my own modifications to the decree, such as a change in child support or other adjustment. Or does this have to be filed separately and requiring a separate hearing.

Thanks,

Cloud

I am in a downward spiral and it's feeling like I'm going straight into hell....

I just got off of the phone with the EX and he is saying things that I don't know if they're true or not and I'm worried.

Long story short...
My daughter is 2 years and 7 months old. Since the day my daughter was born I have taken care of her financially. Her father has never contributed a dime to her even for the first year of J's life that we were still together.
So now, in the beginning of this year he moved to Arkansas and I am residing in New York City. I allowed Julie to go with him to Arkansas for about a month and a half. I had to take a flight to Arkansas and over the weekend pick her up and bring her back to NYC. Since April of this year, nothing from him. Nada. Zip.
So now I am putting her in day care finally because I might be able to afford to do so. So I call him to tell him that I need help in paying for the day care. He starts going on about how he's not "allowed" to see his daughter. I NEVER told him he couldn't see her, I told him that if he wanted to see her he would have to come to NY and either come visit for a week or he could take her for like a month and he would have to bring her back, but this is too much of an effort for him. He'd rather have his daughter going back and forth across the country with his brother and whoever the hell is coming to NY and going back to Arkansas! He will not get off of his ass.

So he says that he'll go to court and I'll have no choice but to let her go with him to Arkansas and that he'll take care of her when he has her with him. Is that possible? Would the courts request for me to take her out of her day care so that she can go back and forth to another state because her dad is too lazy to come spend time with her here? Would he get partial custody (like 6 months out of the year?) or would they have him get visitation for holidays and stuff like that? I refuse to have my little girl going out of her own way to benefit this man who does not take care of her!

So if I take him to court....Do I get the child support that I'm owed at the expense of having to let my daughter go to another state where I have no say in her well being? I dont think fair because I have taken care of her since she was born!! What would the courts do in this case? I'm so confused.  If he takes me to court is he gonna get to take my little girl away when he hasn't done anything for her?? Should I see a lawyer about this?

Any advise is helpful.

My stbxw requested her old name to be restored. Once that is granted and she has a court order changing her name, can she still legally use her ex-married name (i.e. my name)?

Hello to all and if anyone remembers my story it will be easy to pick up from here...

Divorced for two years now...ex and I only had one outstanding bill in both of our names...it's a second mortgage on the house I bought him out of...Is approximately $5800...not a big deal..Divorce decree says each must pay a minimum of $50/mo. until paid off. I have been making the payments methodically (which only covers the interest so the principal has not budged one bit)

Made three written attempts to him to pay the bill...no response. Now I will garnish his wages. I have his social security so not hard to track him down.

Court costs will average about $100..and again, I look like the bitch of an ex-wife who can't leave things be...On my first request to have him pay he told me to refinance the house. I refuse to do this because I will have to subordinate the loan, thereby completely absolving him of any financial obligation.

I have tried to research garnishment of wages from a divorce decree for this outstanding bill....but I only find garnishment for unpaid child support...When I call the courts and ask, they say, 'We cannot give legal advice, please consult an attorney.'

Has anyone experienced this or did they just say F** it and let it go??

Gracias!!

Hello, I am new and have a qeustion about child custody and child support. Here is the short version - hubby and ex divorced in 99 - two children - one with us and one with her - joint custody with each as residential custodian of one. The other child came to live with us 1 1/5 yrs ago - ex wouldn't sign paperwork - we now have 4 children so don't have an extra $2500-3000 for attorney. She says child can stay no paperwork filed, she will send money when she can. She has sent one check in this time and bought clothing once. Says she wants to help out, just tell her what we need, nothing ever come except email - will send ASAP. DH won't push the issue b/c child is safe and well adjusted (15 y/o).  I feel that this is unfair since these are her children and even if she had one of them it would cost her something to raise them.  Is there anything we can do so force CS - will CSE to anything since he has joint custody and now physically child has been with him for 1 1/5 yrs.  I am not trying to be evil step mom but doesn't she need to share in the financial responsibility for raising her two children. Is there anything we can do?

Is it legal for a company to not allow you to cancel your health insurance if you can provide that you have insurance which actually ends up being with the SAME company??

This is an issue for us because at the end of the month his insurance costs us over $500 PER month as mine will cost us $25 per month.

My husband has insurance with his company - I got a new job in June and decided to go with their insurance in August.  As soon as we got verification the husband was covered under my insurance we sent the letter to his human resources.  They are saying because he didn't do it within 30 days that they won't cancel it.

Anyone have any experience with this OR have advice on where we could get help on this. 

First I want to start by saying that I do have a lawyer but I feel that I have a lot of questions and I would like some answers -if there is any- from people who actually went through divorce.
Today was the pretrial court date and as I sat there while the 2 lawyers spoke and they agreed to discovery period of 3 months with the bailiff.
So there's some issues that are disputed although I would like to finish the divorce amicably! Although I agree to giving her our house but I don't want to sign a quit-claim deed unless I'm sure that my name is off the mortgage.
So I have some questions to anyone who may have the experience:

1- If I get a new job will her lawyer try to go after my increased income? By claiming that I make much more than her, currently I make only 6000 more than her.
2- What should I expect in the Final pretrial date and what are the procedures to be expected now?

I know I may not be posing clear questions, but I'm just confused with the whole thing and it would be nice to be able to have some answers.
thank you in advance for any insight,
Rick.

Does anyone have any advice for having someone served papers?  What about if they are in another state?

He won't give me his current address for anything (and I've told him our son isn't going to stay until I have one).  I am filing on Tuesday (YAY ME) and the only problem I see immediatly is getting him served in Tennessee...Help?!?!

I guess I will start with my situation. I have been married for 5 years and we have one little girl. My wife has decided she is not happy and wants a divorce. I have been trying to save my marriage for about two years aka counseling, talking, and most recently we seperated. My wife has always been so devoted to her work that that is what always comes first. My daughter recently started kindergarden and it happens to be on my wife's way to work so she now does the majority of getting her to and from school (she is in a private school bout 30 min away from home and my work.) Until she started kindergarden, I was the one always doing it (preschool and daycare.) Due to my wife's work scheldule I have always been the one to take care of most of her needs. I am self employeed so I could always take off to bring her to doctor, soccer practice, daycare (actually our parents keep her when we are at work.) My wife works about 1 hr 30 min away from home so it has been common for her to stay overnight 1 or 2 nights a week sometimes more depending on her work. So now she tells me that she wants primary custody of our child. I am trying to be reasonable and do what is best for our daughter. I know how much she needs her mother in her life. I have told her that I had no problem agreeing to joint physical and joing legal custody, however she is only willing to compromise if she is listed as the primary parent. In a joint custody in TN does one parent HAVE to be named primary? And if so, what legal right does that give them over the other parent?
Even my wife's own mother has told me that she would tell the judge that I have done the majority of the parenting over the years. Her only excuse for being so stubborn is that she is the mother and she should rightfully get primary over her daughter. I do not want a lenghty court battle. I can afford one, but I do not think it is in our daughter's best intrest. It would only leave hard feelings between her mother and myself and make things more complicated. But at the same time, I am not willing to give up any of my rights as her father. I also know in this small town that the judge tends to lean more towards the side of the mother.
If we could agree on this we could go in together and get the divorce that she is so determined to get. Every other matter has been decided.

Any advice would be greatly appreciated.

I just got my divorce finalized and I have a question regarding when you have joint custody, how do you file, who claims the child? how does this work?