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Suzanne Griffiths

Suzanne Griffiths’s Answers

29 total

  • How do I get my ex-wife to pay her half of the debt as stated on the divorce decree? She just decided to stop paying!

    My ex-wife and I agreed to split the bills in half and that is what is on the divorce decree. She stated to me last month that she is not paying anymore and doesn't care if they foreclose. There is a catch to this however..my father moved in the h...

    Suzanne’s Answer

    You should file a Motion with the Court to have your ex wife cited for contempt. You will need to file an affidavit setting forth the circumstances of her failure to follow the Court's order. Your ex will be served with the documents by a process server and ordered to appear in Court and show cause why she should not be committed to prison for failing to comply with the Court's order. You can also obtain an award of attorney fees against her if you succeed. The other option is to file a Motion requesting that the Court enter a judgement for her share and then garnish her wages or bank account to recover any amounts you have had to pay to prevent forclosure.
    Your father should at least be paying reasonable rent which could be used towards the mortgage.

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  • Is my husband obligated to support his stepson?

    My husband pays for his (ex) stepson's school meals, after school care and also provides for him (food, clothing, etc.) while he is in our home (2 weeks a month). He has not adopted him and the biological father's whereabouts ARE known. His ex-st...

    Suzanne’s Answer

    Step parents are generally not liable to pay support for step children. However it depends if he has agreed to a legal obligation in return for visitation. The mother may file a request for child support against the biological father. However it seems that since your husband pays these expenses she has little incentive to go after the biological father.

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  • If my ex-husband remarries, can his new wife's wages be garnished for back child support?

    He refuses to get a job so his wages aren't garnished.

    Suzanne’s Answer

    No you may not garnish his new wife's income. She is not liable for his child support obligations.

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  • Hi, I currently moved to a new state and my child support order will be here too and hoping to get it modified.

    If my child support order gets modified (it's over 8 years old), will my new husbands income count for calculating the support or will my income only count? Thanks!

    Suzanne’s Answer

    No your new husband's income is irrelevant for the purposes of calculating child support. If your husband's makes regular gifts of cash to you each month it is arguably income to you.

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  • How hard is to get full custody of my kids if me ex is not paying child support?

    My ex and i have joint custody of the kids, but he has not paid any child support since our divorce. I want to move 2 hours away, so i want full custody. will this be hard to achive?

    Suzanne’s Answer

    Payment of child support is not a primary factor that the Court will consider when considering a Motion for Relocation. The Court will consider the best interests of the children in considering a request to move and will specificially focus on the following factors:

    The reasons why the party wishes to relocate with the child;


    (II) The reasons why the opposing party is objecting to the proposed relocation;


    (III) The history and quality of each party's relationship with the child since any previous parenting time order;


    (IV) The educational opportunities for the child at the existing location and at the proposed new location;


    (V) The presence or absence of extended family at the existing location and at the proposed new location;


    (VI) Any advantages of the child remaining with the primary caregiver;


    (VII) The anticipated impact of the move on the child;


    (VIII) Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and


    (IX) Any other relevant factors bearing on the best interests of the child;

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  • Am I obligated to pay child support until age 21 even though the new statute states age 19?

    My divorce order, written in 1991, states I am obligated to pay child support to age 21. The statute changed from age 21 to age 19. The child lives out of the house and has done so since age 19. He is a full-time student. I already pay 1/2 of ...

    Suzanne’s Answer

    The Child Support statute provides that for child support orders entered prior to July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the last or only child attains nineteen years of age unless certain conditions exist. I would file a motion to be on the safe side, but you should have no obligation after age 19 years.

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  • My ex-husband and I have "joint" custody of our son but I have him 95% of the time. He refuses to watch his son & makes his mom

    My ex-husband refuses to have him on weekends or more than 2 days per week (during school time he only sees him every other weekend and even then he takes our son to his mom's house for her to watch him instead). He also has quite a temper and I r...

    Suzanne’s Answer

    It is hard to force him to have time with your son. If he is not interested in seeing much of your son, you don't have much option except to take care of him. However he has to pay child support based on a worksheet A which means he will pay more than if he had 92 overnights or more. You can ask Family Support to assist you in claiming child support.

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  • How do i go about getting like a "civil assist" for every time that i have to drop and pik up my daughter from her dads house?

    my ex husband watches my child while i work everday, but he threatens me a lot and im scarred..

    Suzanne’s Answer

    You may want to file a motion with the Court and ask that exchanges take place at a police station or fire department. You could also request that exchanges take place at a public place. If he threatens you and you can show imminent danger you may file for a protection order. It could however make exchanges complicated since he cares for the child each day.

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  • How can a woman have her name removed from a mortgage and get visitation rights to a child that isn't hers bilogicly

    she has left her boyfriend of seven years because he was unfaithful the little girl is his, however the woman and the girl have bonded over the years, its possable he isn't paying the mortgage and he isnt alowing her to see the little girl, the wo...

    Suzanne’s Answer

    A person other than a parent, who has had the physical care of a child for a period of six months or more, may seek visitation rights, if such action is commenced within six months of the termination of physical care of the child. She needs to seek legal advice immediately as there is a limited right to establish visitation, but it must be exercised no later than 6 months after care of the child ceases.
    Her boyfriend would have to refinance the loan on the mortgage to remove her from liability. If she is on the title she has some bargaining power and hopefully he will refinance in return for receiving her share of the property. If there is equity in the home she may need to take legal action to have the home sold so she is released from liability on the loan and can get her share of the equity.

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  • Can I get rid of a perminate restraining order that I put on my childs father 9 years ago?

    I had gotten a perminate restraining order on my childs father 9 yrs ago. We haven't been in a relationship since, but we share custody of our son. We have had some phone contact over the years and since then he has married, been a good father an...

    Suzanne’s Answer

    If you would like to terminate the restraining order you could file a motion with the Court and indicate that you would like the order teminated for the reasons you state. If you both agree you could file a stipulation requesting that the restraining order be dismissed.

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