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Harry J Lenaburg
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Harry Lenaburg’s Answers

506 total


  • Modifying spousal support, when no spousal support is agreed to by both parties?

    My wife and I have agreed to no spousal support in our Divorce Decree. (The only point we had any disagreement about.) Our Divorce Decree has not been been filed yet, but we have both signed and notarized our respective parts. She did check the bo...

    Harry’s Answer

    The reality here is that once the Court enters the decree indicating that neither party is awarded spousal maintenance, there is little or no chance of a modification. I cannot say it can never happen, but a modification increasing an amount of spousal maintenance when none was awarded in the decree would be extremely rare.

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  • How do I transfer child support case, increase child support payments, establish non custodial parent is unfit?

    I have an interstate child support case. I the custodian parent lived in Nevada and moved to Columbus, OH in May 2015. The non custodial parent lives in Indianapolis, IN. The child support order was established in May 2015. I closed my case in Nev...

    Harry’s Answer

    I can best advise you to consult with an experienced family law attorney there in Columbus. That attorney can advise you on what steps to take, but my next advice is that you retain counsel to assist you. There are registration requirements in most states for that state court to assume jurisdiction for child support, and a separate registration for custody/parenting time matters. Generally speaking the clerks at courts are not allowed to give you legal advice, nor are the attorneys who handle the interstate child support matters. You need your own attorney.

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  • Can my son relocate from Oklahoma to Idaho and get custody here

    Can my son relocate to Idaho from Oklahoma and file for emergency custody of his son who he has had for the last 8 months or so. The mom abandoned the baby with some lady and told my niece where he was. She is now in jail since Oct. She has never ...

    Harry’s Answer

    The best advice is for your son to immediately consult with an experienced family law attorney in your area. That attorney can advise him about the jurisdictional requirements, and how his situation fits in to the Utah statutes.

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  • Can my husband adopt my children from a previous marriage if the bio father is in prison and hasn't seen or paid for kids

    My husband and I are currently trying to terminate my ex husbands rights and have my husband now adopt my children . my ex husband is incarcerated since July 2014 and has not seen the kids since may 2013 and has not paid child support since Nov 20...

    Harry’s Answer

    It would certainly be worthwhile for you to consult with an experienced adoption attorney to review the facts and circumstances.

    In Arizona, which is the jurisdiction where I practice, the bare facts as stated appear to be sufficient to terminate the parental rights of the biological father. You need local counsel to confirm this, and the cost to meet for an initial review should be well worth it. Good luck.

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  • Court order says I can leave country with child on my time Mother refuses to sign passport & wants order modified.What can I do?

    A court order has been singed by the judge that I am allowed to leave the country with my minor child. The mother of my child refuses to sign for a passport, and Is giving me a hard time about it. We have already been to court and mediation to est...

    Harry’s Answer

    I agree with my colleagues. The court can enter an order allowing you to obtain your child's passport without the Mother's signature. See an experienced family law attorney to assist you.

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  • Child Support waiver and reinstatement

    I have waived child support payments from my ex-wife on good faith grounds in Maricopa county superior court, Arizona 2 years ago. I would like to know whether I can go back and request child support for my child based on changed circumstances.

    Harry’s Answer

    I agree with Mr. Hall. The court can modify child support based upon a substantial and continuing change in circumstances, but the change must be greater than or at least 15%.

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  • Parenting time

    I have full custody of my 11 year old here in Arizona. And the father has visitation in indiana ( he didn't take parenting class prior to divorce) the question is how old does my daughter have to be to not want go whole month in summer only two w...

    Harry’s Answer

    I agree with my colleague. It sounds as if this divorce decree was entered in Arizona, and if so the Arizona court has ongoing jurisdiction.

    It would be in your child's best interest if you consult with an experienced family law attorney to discuss this.

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  • Is it worth fighting my husband for support & alimony when we each have one of the children & he's unemployed?

    My husband of 14 years and I are going thru a divorce. He's always made between 50 & 60k a year while I've always made between 25 & 30k a year. We split in July and he has not helped me with anything, our son lives with me and our daughter moved i...

    Harry’s Answer

    I agree with my colleagues, and will say that what you need to doo is consult with and retain an experienced family law attorney if you are not represented. If you are represented then these are questions for your attorney.

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  • Does the child have to be a resident of SC for 6 months prior to changing custody agreement?

    Divorced in GA in 2010. Father has physical custody of child. Both parents have legal custody. Mother lives in SC since 2010. Father (and child) moved to FL (from GA) in July 2015. Both parents are in agreement to change physical custody of c...

    Harry’s Answer

    Until another state, either Florida (where it sounds as if your child resides with father) or South Carolina, accepts jurisdiction then I believe the matter is still before the Georgia court.

    You should consult with a local and experienced family law attorney to discuss the logistics of securing an order transferring physical custody to you in South Carolina. If the parties are in agreement then a stipulation can be entered, the tricky thing may be the mechanics of the local court accepting jurisdiction. Talk all of this over with an attorney who can assist you.

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  • Children born by someone other than husband since separation, how can I get the father on their birth certificates?

    I have been separated from my husband since 2012. Since then I have had 2 children and one on the way by my current boyfriend. He wants to be put on the birth certificate. How do I go about doing that?

    Harry’s Answer

    You should consult with a local and experienced family law attorney in your area to discuss this. It may require a paternity action be filed, but I expect that there is a simpler method, and those vary by state.

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