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Craig M. Sams

Craig Sams’s Answers

51 total

  • My wife has applied for disability and has been denied, therefore she can get a job...does this effect my spousal support?

    I'm stuck paying temporary spousal support for her to sit on the couch and do nothing. Here are some facts: she dropped out of college when she was getting her nursing degree with only ONE semester to go. So, if she goes back she can get her degre...

    Craig’s Answer

    Talk to an attorney about an argument to the court to impute her income. This is where the court may calculate her income on her earnings potential rather than her actual earnings, or lack thereof. The key is that her unemployment/underemployment has to be voluntary.

    Good luck.

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  • Can i sign over my rights?

    i have a daughter and i have never seen her and her mother won't let me see her and i want to sign over my rights, i currently receive ssi and if i sign over my rights and get a part time job will i have to pay child support after i sign over my ...

    Craig’s Answer

    Not unless there is someone who wants to adopt and assume financial responsibility for the child. You can't simply sign away your rights so you don't have to pay child support - you are responsible.

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  • A judge has found me mentally unable to have visitation with my son. Is the judge allowed to diagnose me with mental illness?

    The only evidence that was considered was word of mouth from my son's mother that said I was mental ill. There is no health records or doctor diagnoses. I'm under the impression that judge is not a mental health doctor and does not have the power...

    Craig’s Answer

    A judge has quite a bit of discretion, especially if this was issued as a temporary order pending the outcome of the final hearing. Talk to an attorney about the specifics of your case.

    Good luck.

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  • Can both parents agree to stop child support payments?

    Parents never married. Non-custodial named Father through courts, has been current w/ support and health insurance. Father also has visitation.... Custodial parent has verbally agreed to stop child support. If both parties agree, can the courts st...

    Craig’s Answer

    In general, a court has discretion to deviate from the amount on the child support worksheet, but the court is still bound by the best interest of the child standard and must have a rationale for the deviation. It is possible, but just because you both agree doesn't mean it is a done deal; the court also has to sign off and they will likely look at such a request with skepticism.

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  • I want to get a divorce i got the paper work but not alot of money what can i do

    please i want to get this over with can some one help me with it i have 3 kids i am rasing

    Craig’s Answer

    Many domestic relations courts will have a department that will help you complete the proper paperwork and show you what you need to file, but they CANNOT provide legal advice. If you need help beyond simply completing the forms, you can check with your local bar association to see if they have any attorney's who have volunteered to do family law work for free or at a reduced price. Or, and perhaps the best option, if your spouse has money, the court will often order them to pay your attorney fees, up to a certain point.

    Good luck.

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  • What is the proper amount & types of job search proof needed for divorce?

    In the middle of divorce process.....was unemployed from 5/2010 till 12/2011......in sales in Information Tech. ......now 53 years old.....was making six figures......couldn't get a job in my profession, so finally took a job in real estate invest...

    Craig’s Answer

    If you are unemployed or underemployed, the court has the authority impute your income for child and/or spousal support purposes. In other words, they will treat it as if you were earning more than you actually are. There is no set formula for this and most appellate decisions will defer to the trial court's findings. The question you really should be asking is how do you show that you were involuntarily unemployed (versus voluntary termination.) If you lost your job due to market conditions or downsizing or some other reason that was not your fault, your argument against imputed income becomes much stronger. Talk to a family law attorney and they should be able to give you an idea of what evidence you can gather to support your argument based on the specifics of your case.

    Good luck.

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  • Temporary spousal support is being drawn out from my check, can I stop this?

    According to my income and my current bills, I cannot afford the amount that is being taken out. My ex-wife's lawyer presented the court with my tax returns from 2007! This was also at a time when I was claiming 7 individuals on my taxes (childre...

    Craig’s Answer

    I agree. You can file a Rule 75 motion for a hearing on the temporary order. Depending on the court/judge, some don't like to mess with this because it will all wash out in the final orders.

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  • I need to file for an extension of time for an answer to thePetition for Mod or termination of alimony.

    I was served with twenty days notice and the attorney I had for my divorce is not in town and wont be until after the first of the new year. I have no money saved for an attorney as I didnt realize this would happen. How can I file for an extensi...

    Craig’s Answer

    You should be able to call the domestic relations court and they will probably walk you through the process. Alternatively, ask the paralegal or assistant at your attorney's office if there is someone covering your lawyer's cases while he is away.

    Good luck.

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  • Appealing a judge's decision in divorce

    after 18 year marriage, ex makes 80k more than i do, took most of the debt that he created, i received no alimony, just a division of his military retirement, which is approx 43%, and was considered a marital asset. married for over 18 years, and...

    Craig’s Answer

    You need to be very leery of any attorney who makes you promises, especially regarding something as discretionary as alimony. If you feel like there were holes in the decision and you're not happy with your current attorney, take it to a different family law attorney in you area to have it reviewed. If you're unsure who to call, check with your local bar association for a recommendation.

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  • Child support question, the father of my daughter was order to pay child support, but never did pay, he recently started

    receving ssi benefits, can I get the monies that he was to have supposed to have paid. She is now an adult, does that matter?

    Craig’s Answer

    Even when the child turns 18, he is still liable for any child support arrearage. You can file a motion to show cause (contempt) or contact the Child Support Enforcement Agency and get them involved.

    Good luck.

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