Richard O. Kentish Samms's Answers

My ex wants me to sign a quitclaim deed on our house so he can sell it.

It is usually a bad idea to quit claim a house to someone when your name is still on the mortgage but, as the other attorneys stated, you will have to follow the final order (final divorce decree). I strongly recommend you have a lawyer review the final order before you quit claim.

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My ex owes $48,000 and is now getting disability. Can I force him to make payments from his disability?

You have not provided enough information to allow a specific answer. However, I can tell you that if you divorced your ex and the divorce decree states that he is supposed to pay you money, you can probably file a Motion for Contempt to get it from him. The more income he has is the easier it will be for you to get the money through the court. Whether it is from disability or some other source probably does not matter.

Can my son's father's rights be terminated?

If you were not married to your son's father at the time he was born, and he never legitimated him (and no court has issued an order that he is the legal father), then he currently has virtually no legal rights to the child. However, if you have an open child support case against him, you are basically telling the court that he IS the legal father. If the court awards child support, it will do so on the basis that he is the legal father. If, instead, you do not want him to have any legal...

Can a restraining order be put out on someone without them being served?

When you request a restraining or protective order, the court wil schedule a hearing. You must have the person served by Sheriff or process server before the hearing so they can come to court and defend himself/herself. So, yes, you need to know where the person can be found.

How do I keep my spouse from blackmailing me before she will sign our divorce papers?

As attorney Kimbrell stated, you can go ahead and file a divorce without her signature. If the both of you cannot agree on how to share the marital debt, the judge will decide (NOT your wife).

Can DFCS make me pay child support for my nephew after reliquishing my custody rights.

Normally, you do not have to pay child support for a child if you do not have legal custody of that child. I am guessing that the Court simply has not yet officially terminated your legal custody. More information on the case history and status is needed to fully answer your question.

I have just been married 5mths husband pays all the bills but i was assault and i got him arrest and did a tpo who pay the bills

When you appear at the hearing on the restraining order, notify the judge of your inability to pay the bills, and ask the judge to order your husband to pay the bills. As to the lease, if the court enters a restraining order against your husband, the court wil probably allow you to stay in the house and order him to stay away from the house. It sounds like a LEGAL SEPARATION might be the best thing for you right now. The judge will not be able to make sufficient detailed decisions at the...