Forum: Divorce Law Issues

How is child support determined when on eparent no longer has any income? For example, say one parent quits working...is the other parent responsible for the full amount of support?

I was divorced two years ago and my wife was awarded permanent alimony for life. She was a certified XRay tech but hadn't worked in 10 years so she was considered a stay at home mom and was awarded $2250 a month for both child support and alimony. My son is 17 and will graduate next year which will...

First question. My husband, who is being chaptered out of the army for 6 offenses. (1) AWOL (2) Breaking a direct order (3) Broke a military protection order twice (4) Destruction of Govt. property - which included a window and 2 doors in our home (5) Told his first Sgt. F**K you (6) Felony...

Okay, I have a question for the lawyers out there. Well up until March 12, 2010 me she was living with me as I payed for most of everything. She claims she did everything, because I used to work 12 hour shifts, but im a cab driver so I was in and out of the house all the time, so Im there with her...

I have one minor child with ex, we were never married. I want to apply for sole custody based on his history of drug and alcohol abuse, and domestice violence during my pregnancy. He has served time in prison and jail.I was in an accident and he alleged I was DUI. I am under DCF investigation. Am I...

we were married in INDIA but been living in Florida for past 1 year. before that we left in NJ for 1 year. can we get Divorce from Florida.we are INDIAN citizen.i have skilled worker immigration visa and my wife is dependent on me........

My fiance and I had physical custody of his daughter from last summer until this April after the mother abandoned her with us saying she had to be in the hospital but failed to come get the little girl upon her release and several days after. Recently she came to get the little girl for a weekend...

We are from Ohio and my daughter's father (we were never married) recently moved to Manatee County, Florida. In Ohio, we have shared parenting (we agreed through the courts), he is expecting her (age 10) to visit for the summer. How long can she be there with him, without me (custodial parent),...

Is there any effect on a child support order when the father without full custody begins a new relationship and has a new child? Or if there are two support orders going, does the original order get reduced so the second order can be paid?

Will support order increase with a new marriage? I am considering marring a man who has past child support due along with a continuous present order and I do not want my income to be factored in.

is there a conflict of interest if my wife that asked for a divorce,works for the county as a court clerk and works for all the judges?

Hi, My daughter's father is divorced with 4 children who live with their mother in FL where the case was originally filed. She left the state without a warning and he wasn't even able to say goodbye. She said that her job and the schools were better so the courts agreed to let her leave. So then...

We married 12/1/68 pregnant/ he left 6/1/69 pregnant again. Never heard from him again. Figured he got divorce. I remarried in 1970. My husband died 2009. Applied for death benefits, found out still married to first one. How do I go about getting divorce now? What do I need to do?

Spouse filed for divorce in Florida in April 2010. He has not lived in the state of Florida since July 2009. I have not lived in the state of Florida since October 2009. We both moved and reside in New York State. 6-month residency requirement not met. Is this the only issue to be addressed in my...

my wife wants a divorce.if she keeps the house does she have to buy my shareof it?and another question is if you have bills just in your name am i responsible for those even though we were married when they were put in my name or is she responsible too?

My husband and i will be married for 10 years in october 2010. He has been verbally abusive for the last 3 years and i can not take it anymore. I asked him to get help. But he is in denial. I need to leave due to things getting alot worst. We have already lost our home, due to him not working...

My son is 19 and Dec 2009 he married a girl he only knew a few months. Ley lived in Fl and got married in Tennessee. In April we went to Fl to get him he left her for tons of reasons. They lived with her parents. She is pregnant and due Oct 21st 2010. She filed for divorce about a week after he...

I am doing my divorce myself, and it is pretty straightforward. The only exception is that my wife and I would like to continue co-owning our Vegas timeshare until it sells. It is paid for, I pay the maintenance fee, and I use it. She is in total agreement with this arrangement, as neither of us...

I have been with my fiance for 9 and a half years her daughter from her first marriage is 10. I have raised her as my own have never met the father and he has never made an attempt to meet her. He is also a registered sexual predator with a criminal record. When we file for divorce we don't...

Question: How far can a parent move without having to ask the other parent for permission? My ex will not agree to a move and I am aware of petitioning the court, but how far can I move without having to ask for his consent? We have shared responsibility with our daughter living primarily with...

Hello, I have an ongoing case for Divorce, and my soon to be ex husband is 2 months behind in child support.. Soon will be 3 months. For my understanding, Isnt child support services or in my case Dept of Revenue supposed to enforce and/or retain his income tax refund, bank accnts, etc? There...

My wife and I are getting divorce. I am on disability and get check, my daughter who is 16 also gets a check for benefits due to my disability. My question is will I pay child support on top of check she now receives? if so how will this be figured or is the benefit check she gets for my disability...

I owned my own business for 2 years before we got married, and have been married now for 7 years. My spouse has not worked the business but has not worked outside the home. Is this a considered a pre-marital asset? If not what % is she entitled to and how would she get compensated. Monthly payments...

Good Afternoon, I have purchased on of the Online uncontestred Divorce packets to finalize my Divorce. I confirmed with my ex that there would be no problems. Once I purchased it and notarized and sign all of my portions, I sent her the half she needed to sign and return. In the interim, we had an...

A friend of mine in Florida is going through a divorce. He has a agreed to pay child support (and has been since the separation) for his two adopted special needs children. However, one of them has since entered a long-term (6+ months) residential program for behavioral problems related to being...

Hi.. Right now I am filling the divorce papers but I am a little confuse on the part of visitation because he lives out of state and does no communicate with my 6 year old, should I specify that he can see her once a year and with supervision. I'm scared that he can keep her or run away with her....

My son's girlfriend moved here from NY with her 5 yr old son.She has sole custody and the childs father signed a paper saying he agreed to the move from NY to Florida.He recently got a job so they are now taking back child support so he is trying to take her to court for visitation and says she has...

I was given the house in our divorce agreement but my ex was on the second mortgage. I was ordered to remove her name but couldn't qualify for a refinance. I was then ordered to place the house on the market, which I did, however I lost the house to foreclosure before it sold. I have been served by...

Hi: I am planning to file a divorce, but I am not sure how to proceed. Here is my dilemma... I first got married in 2005. After 2 years, I found out my husband was not divorced from his wife. Within that year (2007), he filed for a simplified divorce from his wife. After his divorce was...

If ex is expecting a large personal injury settlement. Will his past due child support be deducted from this settlement like works compensation settlements and other types of settlements?

I'll try to be short. My 11 year old daughter hates going to visitation with her father. He takes her with him to his job where he works overnight so she is not sleeping a normal sleep pattern. She sleeps in the restaurant where he works or he allows her to 'work'. He doesnt pay attention to...

When can i get married after getting divorced with my wife legally.

I am currently separated from my husband; he has told me he wishes to be divorced. We have been married for 11 months, we have no joint property, finances, assets or children together. My question is: if he was to have a financial hardship (such as foreclosure on his home or bankruptcy), will...

My daughter is in an abusive alcohol relationship. She does not drink. She would like to move out her family support lives in Hillsbourgh County and she lives in Pinellas County less than an hour away. She told me that a lawyer told her she could not move home with me or she would be obstructing...

I am in the Army, and my cousin asked me for advice about joining the Army. She is a single mother, therefor cannot join without giving custody of her child to a responsible person, preferably the child's father. Although in her case, the father is not responsible, has been in jail numerous times...

If your wife was already served divorce papers and you changed your mind, does it cost anything to cancel the divorce with the county clerks office or wherever they were served from, if so...approx. how much?

This message is intended to clarify a situation with my childhood best friend. He and his wife got married very young, both abused alcohol and they often got into physical altercations. Eventualy, my friend was charged with domestic violence, sentenced and is only 90 days away from his final...

We were trying to figure out this complicated form last night. When it asks for FICA taxes, do I include ss, medicare and federal withholding?

Hello and thank you for taking the time to read and answer :) My daughter who has 2 children with her husband moved back home to NY from Florida with the kids. Her husband told her to leave. We bought the train tickets, he drove them to the terminal to get on the train and a couple days...

are attorneys allow in mediation? who talks in mediation parent or attorney? can i request for the mother to talk and not the attorney? is a child custody case and i have a lot of proofs that she is not a fit mother and I'm worry about my children..but since she has an attorney and I don't I'm...

served ex with child custody petition she was late on responding so i file defult.....I send my financial affidavit along with the petition but never recived anything from the other party...what should i do? I called the courthouse but has not file anything other than her respond.... can't...

I relocated to Florida from another state where my divorce was final and the joint parenting agreement was signed in 2007. Last year, my ex agreed to move to Florida in March of 09 when I asked him if he would consider it. For four months, he said he was moving, so I rented out my house and got the...

boyfriend has been trying to get a divorce for over a year, he lost his business along with the income, has been attempting to represent himself in court with no luck. Since he can't afford a lawyer. They have been basing his child support on income he used to make when the business was good....

Did I make a mistake? Ex husband has paid a total of 3 partial payments in two years. I am going to the department of revenue to seek enforcement. I have been told not to expect a lot of the arrearage that has been acumulating that it will be settled in court because he has stated that although...

Is a trial separation recognize in FLorida? I am looking to attempt a trial separation for about 6 months, but want to cover all the aspect on properties, assets with an attorney, so that if we decided to go for separation everything has been decided. I don't want him to take me to the cleaners as...

My wife and I met in Florida, and lived together for 3 years or so, with the exception of the last 6 months. I am now working a long-term contract in the Czech Republic and have decided to divorce. My wife was here for 11 days in January to discuss the situation, and we both realize that divorce...