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Brenda Lynn McCune

Brenda McCune’s Answers

11 total


  • Can my ex husband file s child support from me when they are not currently residing here in the USA.

    I got my final notice of my divorse in 2009. My ex husaband file a child support from me stating that he is currently unemployed from 2008 to the present. He got the sole custody because when i file the divorse he and my daughter does not have a r...

    Brenda’s Answer

    Yes, he can obtain child support as he clearly has custody of your daughter. You will need to seek an order for custody and visitation. You can modify the order giving him sole custody, the court continues to have jurisdiction to change the custody as long as your daughter is still a minor. The court, when hearing the request for child support, will not penalize him, or give him a lower amount of child support just because you argue that he keeps your daughter from you. He has apparently taken actions to enforce his right to financial assistance from you, you must now take action to enforce your rights as a parent to be involved with your daughter. The child support court will not help you with that, you need to file a separate action. If you attempt to discuss the custody and visitation with the court when you are there on the child support request, they will tell you it is "not before the court".

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  • Can I take my 13 year old son to St. Louis from Florida while divorce proceedings get started. Since he is thirteen, can he have

    a say so?

    Brenda’s Answer

    In most states you may not take the child out of the state once the action has been filed, without a court order permitting it, or written permsision of the other parent. The best thing to do would be to communicate with the other parent, the nature and information related to the trip. You could do this via email, and obtain the other parent's consent. If the trip is reasonable, and the other parent withholds their consent, then you will have that evidence to present to the court when you request the court to give you and order to go on the trip. Generally, at age 13, the court will consider the wishes of the child in making any orders for custody or visitation, but every state, county and particularly each judge is different in how this should be accomplished and how much weight the views of a 13 year old should be given. You should contact someone in your area who practices exclusively family law for a consultation on the specifics of your local court. You can check with your state bar association or the local chapter of the American Academy of Matrimonial Lawyers (AAML).

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  • I have custody of our 3 kids ages 11, 15, 17. My question the kids dont want to talk do i have to answer the phone?

    The last few times my ex called he said alot of really bad things to me & it upset me & our 11 yr old got very upset because he saw my crying. But my ex and the 15 yr old & 17 yr old have never really had a good relationship or atleast sense he ha...

    Brenda’s Answer

    The technical answer to this is that if there is a provision in your court order for telephone contact between the children and their father, you may be in violation of that provision. Many court orders have provisions that say the children will have reasonable telephone contact, or contact for a specfic schedule. So, wihtout more information, it is difficult to give you the precise answer.

    However, the children should be talking to thier dad. The issues between you and their dad are not issues they should be aware of. It is unfortunate that your son saw you cry and was aware of the conflict between you and his dad. It is always best if you can keep them insulated from that conflict.

    The child support is also something the children should not be made aware of, and he should not stop paying just because he is mad at you or the children.

    What you should do is encourage the children to talk to their dad. Encourage them to be truthful with him about how they don't like his angrey words. What you should not do is communicate to your kids, verbally or non-verbally that you dislike their dad, that you don't want them to talk to him, you just need to let them know you support their decision and effort to be honest.

    You should also contact your local child support agency about the late child support.

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  • I never opened a case with child support, I had a judgement and he owes back support my daught just turned 18, too late? HELP

    My ex is a violent person. We have a divorce judgement from 10 years ago,and he never paid alimony, and the kids health insurance. He lied about his income, and skipped child support payments all through the years. The alimony is over $75,00...

    Brenda’s Answer

    Under the laws of the state of California, there is no time limit on collecting your past due child support.

    Also, Department of Child Support Services, provides services to families neding or paying support, with modification and enforcement of orders, including collecting the principal and interest on past due amounts.

    I am not aware of any law that prohibits you from OPENING a case with Department of Child Support Services, BUT I have been advised by representatives from child support services that if you do not have case opened before your child emancipates, you will not be permitted to open one then. They have never provided me with the legal authority that allows them to make this distinction, but as I understand it, it is the 'policy' in many counties.

    Your situation puzzles me in that it appears your child is under 19 and enrolled in High School. If I were you, I would try again to get the Child Support Office in your county to open a case for you.

    If the child support agency will not open a case and enforce your orders, you still have the option of hiring your own lawyer to do the collection for you. You are owed the money and the interest, even if the county support agency will not do it for you. So, don't give up. It is your money and you have a right to get it.

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  • Can alimony be reduced when the payee gets remarried?

    My Finace currently pays his ex-wife rehabillitive alimony? She keeps asking for more money and has not attempted to find a job to get back on her feet. Once he and I are married can she still ask for more money, or can we ask for a reduction sinc...

    Brenda’s Answer

    In each state it is different, but generally the fact that the payor is getting married will probably NOT help him obtaining a lower amount of alimony, or also called spousal support. The fact that the recipient spouse is cohabitating is important and in some states creates a presumption that her need for financial assistance is reduced. This is not automatic, and my experience has been that many judges are hesitant to lower support on these facts because the new boyfriend is not a legal relationship, i.e. he may be financially assisting her now but has no continuing legal obligation to do so. Spousal Support/Alimony is a very factually driven issue. The facts and circumstances of each case are godin to affect the manner in which the outcome unfolds, and it is an area of the law where judges have a huge amount of discretion to do what her or she thinks is right. It is important to have a lawyer in your area assist you in evaluating this legal issue. It would also be best to consult with a lawyer who specializes in Family Law.

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  • Does child support stop if residential custody of the children shift from one parent to the other

    My ex wife currently has residential custody, and lives in Texas. I live in Kansas. My kids have moved in with me as of 8/1/2008. This was done, and agreed upon by everyone. I am, however, still paying child support. How can I change who has ...

    Brenda’s Answer

    Support does not modify automatically in most states. You must take some action to get it changed. You will likely get credit for the time that the kids were with you and you were still paying, but that legal obligation must be corrected and changed by a court. Child Support enforcement is a very serious matter and when these issues are not dealt with at the time they occur, there are far reaching, long term implications and financial consequences for the obligor parent. It is critically important to have orders entered, and modified to reflect the actual circumstances in the children's lives. You should contact you local Child Support Agency. They will assist you in modifying the order, obtaining a valid order, and enforcing the order once it is obtained. Do not rely upon verbal agreements with the other parent, these are NOT enforceable and will not serve to change your court ordered child support obligation. There is no charge or fee of any kind to seek assistance from Child Support Services in your area.

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  • Can i get the custody of my kids if im the one who leave the house?

    I needed to leave because im a battered wife, i dont want to seek for help because i dont want my kids to blame me at the end if there father will end up in jail, He always hit me in front of my kids, my plan is to go for a while to find a place f...

    Brenda’s Answer

    In California there is a specific statute that says the court should NOT hold it against you if you left the home to keep the peace. You are in exactly the situation that this statute was developed to deal with. In general, it is NOT in the children's best interests to be in a home where abuse is occurring. In fact, in most jurisdictions, if you STAY in an abusive relationship and you have children, the children can potentially be removed from your custody for your FAILURE TO PROTECT them from the abusive situation. You are thinking in the right direction, and it is important that you follow through. A shelter is a good option for you. Their location is usually very secret and confidential, making it hard for him to find you and your kids while you have that 'cooling off' period that you say you need. It will also give you time to seek restraining orders that you may need in order to keep you and your children safe. Start by checking with youtr local sheriff and on the internet for shelters for battered women. Those are good places to start. There are resources available to you that are not as expensive as immediately hiring a lawyer, you may need on later, but work on securing the safety of yourself and your children first.

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  • Do I need anything aside from my sons passport to leave the country if we arent divorced yet?

    My husband recently left me and I'm positive that we will be getting a divorce. I would like to go to Mexico for a while with our 18 month old son. We have a lot of family there and really need to be with them after all that has happened. All my h...

    Brenda’s Answer

    It is VERY important at this time that you do NOT leave the country without specific written consent of your husband. You should even consider getting a notarized signature agreement from him, and keep a copy of that written agreement with you at all time as well as your son's passport, while you are in Mexico. We are all aware of how vigorously law enforcement pursues "AMBER ALERTS" here in California. That would be my concern. Even if you tell him, and he agrees verbally, he could later change his mind and report you and the child MISSING. Do not risk this. Also, once a dissolution of marriage case is filed, you will not be permtted to leave the state without the written permission of the child's father or a court order. So, be on the safe side, get his permission in a clear written document before you go anywhere.

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  • Could i get full custody if husband left me and my kids

    my husband cheated on me i forgave him but he said that he could leave her so he left me and my two kids pluse im pregnant with our 3rd . i dont work i dont have money only $100 he left us with . he lied and said he paid the rent last month and di...

    Brenda’s Answer

    Well, he does not automatically "lose" custody. He will however have a hard time showing the court that it is in the best interests of the children, or that it promotes the children's "stability and continuity" to be placed with him. Custody generally flows in the manner that will preserve the "status quo" unless the children are in danger. You have clearly been the primary caretaker, he has clearly not taken their interests in needing him around when he left. So, the likely outcome is that yes, you will have custody and if he wants it, he will have some reasonable contact, but it is not probable that he would be successful if he tried to get custody.

    You should be contacting Department of Child Support Service as soon as possible. They will obtain and enforce an order for child support on your behalf. There is NO fee for their services.

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  • Divorce

    From 1987 to 1993, I supported my ex-wife through her last year of college and in through law school and her passing the bar. directly there after I was incarcerated and she filed for divorce and filed a chapter seven and I was not able to obtain ...

    Brenda’s Answer

    The question about "time limit" or "date" you ask is one that is answered by the Judgment on Marital Dissolution. You must obtain a copy of that document in order to answer that question. However, it sounds as though she obtained a dissolution judgment while you were incacerated, and likely by "default". It is also likely that in the default judgment, i.e. a proceeding that would have occurred in your absence, she requested of the judge that the spousal support obligation owed to either of you be "terminated". If there is nothing in the final Judgment of Dissolution stating under the topic of "Spousal Support" that the court "reserves jurisdiction" or a "reservation of jurisdiction" then you likely have no opportunity to seek any support or any part of her income.

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