Skip to main content
Howard M Lewis
Avvo
Pro

Howard Lewis’s Answers

7,005 total


  • Child Support Question

    Order states that father would give me his pay statement once he started working. He started working 6 months ago and never gave it to me. He doesn't want to change the order or increase CS. Would it be unwise if I cancelled the enforcement proces...

    Howard’s Answer

    I am sorry that you are going through this, if the cour order states that the father is ordered to do something and he does not, then he is in contempt of that order and you may file a like kind complaint in your court, take care.

    See question 
  • Transferring responsibility for student loan in divorce

    Assuming the wife took out a student loan to sponsor his husband's education. In divorce proceeding, the judge ordered that the husband and wife should share the student loan debt 50-50. Is there anything similar to qualified domestic relations or...

    Howard’s Answer

    If there is a court order that the student loan is marital debt than both parties must abide by the order, the qualified domestic relations order will be able to move funds from one beneift plan/410k type plan to another without a tax consequences, take care.

    See question 
  • Can my daughter change her childs last name?

    My daughter who lives in kansas had a child with her boy-friend.The child is 6 years old and the boyfriend has not seen the girl since she was 4 months.Since that time my daughter has gotten married and after 6 years of living together and 9 month...

    Howard’s Answer

    I am sorry that your family is going through this, if your daughter is emancipated and it is proper/legal in that state,then she may change her name if she is emancipated and has the legal right, take care.

    See question 
  • My son lost his job and immediately saw his attorney about filing a petition to modify his child support payments.

    They're in LA and have 3 kids under 6. His ex-wife moved out of state with the kids without telling him and without court approval. She has refused to let him see the kids or talk to them since he isn't able to make support payments while unemplo...

    Howard’s Answer

    I am sorry that your son is going through this. If there is a divorce/separation agreement or a judgement it may indicate that neither party may remove the children from the state, if it does not then you should file a motion requesting that they return or if it does file a contempt, take care and I hope that things get better.

    See question 
  • How can a court order for spousal support be enforced?

    I live in virginia and my husband left me and moved to another state a year ago. in march 14 a judge ordered him to pay me $1250 per month in spousal support. he has paid nothing, can I get his wages garnished?

    Howard’s Answer

    I am sorry that you are going through this, you may file a motion in court asking that the foreign judgement- the other states order be enforced and then you may have the wages taken etc, take care.

    See question 
  • CPS Attorney in Arizona - Need attorney to represent me and my family - one who is familiar with their underhanded methods.

    Found opiates in baby's first poop then had to take follicle test. On a "Safety Plan" currently, but they are already (as if that isn't enough!) taking and twisting things around .

    Howard’s Answer

    I am sorry that you are going through this and your child is not being treated properly, you should take the forensic or chemical test to the court and attach it with a motion which will ask the court to do something. Take care and I hope things work out.

    See question 
  • In the state of Oklahoma can a spouse legally take you off his employer provided family health insurance (Not Legally Separated)

    we have been married for 17 years and are not legally separated he resides in Oklahoma I have moved to California . I have called his companies human resource and inquired about if I was still on his health insurance plan they stated yes but it s...

    Howard’s Answer

    I am sorry that you are going through this, in most cases if there is not a divorce pending or any formal action in court either party may make changes, however that does not mean that if something is then filed you can request a remedy, please chat with a local OK attny, take care.

    See question 
  • What is the standard for "unfair" property settlement in Washington state?

    I am currently separated from my wife and may be seeking a divorce. We have a settlement agreement that I do not believe is unfair, but is substantially in my favor. Under which circumstances would the court choose to review or challeng...

    Howard’s Answer

    I am sorry that you are going through this, in most cases challenges to a contract or judgment would be some type of fraud based action or improper influence amongst other moral issues, hope this helps and take care.

    See question 
  • Do I need to continue the temporary ordered visitation schedule?

    My son's father and I have a temporary order from the court that states he was to have four weeks of supervised visits every Wednesday. After those four weeks he was to have Friday over nights in addition to the Wednesdays for four more weeks with...

    Howard’s Answer

    You will need to look to what the court order states. It is likely that your son's father was awarded visits every Wednesday, then increased to Friday overnights. Typically the court builds up visits over time. It is doubtful that the court would order that after the specified period of time visits would stop. If you are unclear, you should consult with an attorney who can read through the court order and advise you further. Good luck.

    See question 
  • Are the payee's assists considered in determining eligibility for alimony, or is only income considered? Thanks.

    I was divorced in 2008 after a 20-year marriage. My divorce agreement does not waive alimony, which I believe that I am eligible to receive, given the disparity between my and my ex-husband's incomes.

    Howard’s Answer

    I'm not quite sure what you are referring to by the term "assists." In general, alimony is based upon income. Other considerations include the payee's financial "need" and the payor's "ability to pay." You would be well served to consult with an attorney. Good luck.

    See question