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Jordan Gerber

Jordan Gerber’s Answers

719 total


  • Daycare costs- child support

    My soon to be ex-wife is trying to make me accountable for daycare costs. Our son is 4 1/2 and was eligible for public preschool school this year. She has not given any reason to leave him in daycare other than she thinks he's not ready. There'...

    Jordan’s Answer

    Child care as a support obligation is only required if the parent is obtaining same due to work obligations. If she isn't working, or in school, then the need for care (and your payment of a portion of same) is seemingly obsolete based on the facts given.

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  • My Attorney is refusing to speak with me even after paying a retainers fee. What can I do?

    My ex is behind of child support My attorney filed PETITION TO DETERMINE RETROACTIVE APPLICATION OF CHILD SUPPORT, REIMBURSEMENT OF CHILD SUPPORT OVERPAYMENTS, CREDIT AND SET-OFFS AND SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT AND MOT...

    Jordan’s Answer

    Make sure that you follow up your calls with written confirmation so that you establish a record. You can hire another attorney who can substitute in as counsel and should be able to assist you in obtaining the remainder of your retainer.

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  • I owe a specific amount by a set date and I would have had it but just found out they re taking money out of my paycheck ..

    I won't have enough because they took it .. What do I do

    Jordan’s Answer

    If there is an income deduction order in place, simply present the records of the money taken from your paycheck to the department of revenue or the judge to obtain credit.

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  • Separated and living apart, do I still need to pay the mortgage on house my wife owns?

    No divorce papers yet, and house is completely in my wife's name ( owned it before we ever met). Our son is 20 months old and my wife has not gone back to work. I am losing money every month and can't afford all the bills on my salary. It has b...

    Jordan’s Answer

    It is usually required that you maintain the status quo during divorce proceedings (ie maintain payments on bills you have historically paid during the marriage). Depending on your income, you may be able to make mortgage payments as indirect child support. Just keep in mind that your pleadings need to be specific.

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  • The opposing lawyer is going to argue against a child support modification being retroactive to the date of filing.

    In a hearing the magistrate stated that child support modifications are normally retroactive to the date of filing. Under what circumstances would that not be the case? The case has been dragged out due to lengthy court schedules and mediation d...

    Jordan’s Answer

    It should be retroactive unless it is shown payments have been made. The amount may differ if the parties' respective incomes have changed as the amount will be calculated using the figures for the period since the date of filing rather than the prospective obligation.

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  • Does a company provided car that can be used for personal use affect child support calculations?

    The opposing lawyer is claiming that my company provided car, since I can use it for personal use, is considered revenue. Is this true? And if so, how is that calculated against me?

    Jordan’s Answer

    It is an in-kind expense meaning that the amount it would cost to rent the car or for gas (if covered) can be added to your gross income for purposes of determining child support.

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  • How do i file a motion/obtain an order for permission granting a child passport RENEWAL without absent parent consent?

    The noncustodial/absent "parent" of my son has not been able to be located/ evaded child support/ law enforcement/ visitation rights for the past 7+ years. I filed DS-5525 explaining my numerous attempts to locate and acquire permission, however I...

    Jordan’s Answer

    You can file a supplemental petition for modification to change the time sharing plan/parental responsibility or just file a motion for enforcement/contempt as there is most likely a provision that both parties have to execute necessary documents and not withhold reasonable consent. If the other parent is mia, you may want to do the former and get everything knocked out in one shot. You will have to do a diligent search to try to locate him or her so you should get the ball rolling asap.

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  • Reasons for Continuance For Family Law Trial (Pro Se)

    My ex filed a motion to have a continuance on our upcoming trial to modify our parenting plan. While I made an attempt to dismiss it because I felt her reasoning was petty (she alleges our daughter saw my S/O and I share affection through a "kiss"...

    Jordan’s Answer

    It depends on your judge as granting or denying a continuance is within his or her discretion. Your best bet is to show that your ex is merely using it as a delay tactic, there is no rational basis for same and that you would be prejudiced by having the motion granted.

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  • Can I move with my children without my husband's consent?

    I haven't filed for divorced and we're living in the same house. The environment is hostile, he is always drunk and he is seeing someone else. We have 3 kids together and he asked me to leave with them. I do not work and I have no family in the st...

    Jordan’s Answer

    You can but he can always file for divorce and ask that you come back to the jurisdiction with the children. If you are going to get a divorce, you should probably save yourself the headache and file and request temporary relocation if you can prove the move is in the childrens best interest. If he agrees, you can simply enter into a relocation agreement.

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