Neil Colman’s Answers
2,676 total
My baby is with my wife. I am sending child support amount and stuff for my baby. Can my ex wife still file for a child support?
Neil’s Answer
The simple answer is “Yes” Court orders will control. The issue is enforcement if such an Order is entered.
Do I have to pay child support for my son if he’s staying with his father for the school year ?
Neil’s Answer
Child support is determined by the incomes of the parties and the number of overnights the child spends with each parent. I don't know how support was initially calculated or how many overnights were assigned to each party, but if the child is spending more overnights with his father than originally utilized in the child support calculation, then there will almost certainly be an adjustment of the support obligation. It doesn't necessarily mean that you're going to pay support. As for the transportation issue, it seems to me it would be his responsibility to take the child to school since the child is living with him. You should seek legal representation in the event a motion is filed.
My husband put both houses under his brothers name when he started having issues in our marriage, what happens with divorce?
Neil’s Answer
More information is needed to properly address your concern. Let me first state that it might depend on whether he owned the property prior to the marriage, or whether he acquired it during the marriage. Next one has to look to determine when he signed title over to his brother (as prior to April of last year, a wife would have been required to sign any deed to effectuate the transfer. If they were his properties prior to the marriage and he paid for it (albeit, possibly with marital funds), you may have issues. Regardless of the forgoing, with only a 6 year marriage (assuming he owned the properties prior to marriage) you're not going to awarded much equity, and certainly not 50% of the equity in my opinion. You should have legal representation.
Will my boyfriend lose custody of his 3 year old son because I am pregnant by him?
Neil’s Answer
The fact that you're pregnant with his child really has no bearing on the issue, unless the Court believes that your presence around the child is disruptive or is traumatizing. Since you've been involved with his child throughout the proceeding or even before the proceeding without objection by his ex-wife to be, I see no reason why he'd lose custody. I think he may not want to be obligated for the support of another child (should your relationship not work out) by virtue of his request that you terminate the pregnancy.
I just started a new job and advised the mother of my children of my job, I just had my first day. Who do I notify?
Neil’s Answer
You should contact the Wayne County Friend of the Court, assuming the support order was issued by a Judge of Wayne County. Generally the FOC wants changes in writing. You should notify the FOC as soon as possible. To find out the exact procedure for notifying the court, I suggest you call the FOC and inquire about its policy.
Can a judge sign a court order without both attorneys signatures.. is this binding?
Neil’s Answer
Is it possible that the Court Order was drafted in accordance with the Court's ruling on the same day of a hearing? Generally, in jurisdictions where I practice, a Court will enter an Order on the same day of the hearing without the attorneys' signatures. Some Courts/jurisdictions have computers available and the attorneys prepare the Orders while in court, after a motion hearing. More information is needed to properly address your concern. In addition, you should be asking your attorney this question, since you apparently are represented.
Will a judge allow witness letters on my daughter's behalf from others in a custody case ?
Neil’s Answer
I don't read others' answers first, so here it goes. If there is a serious issue regarding custody, and the matter at hand proceeds to an investigation by the Friend of the Court, letters of reference will be able to be submitted to the investigator. However, at a trial or Evidentiary Hearing, these letters will not be admissible because the other side needs an opportunity to question the source of the comments, and you can't ask a piece of paper a question and get a response. Your daughter should have representation if custody is truly an issue. There are different types of custody, and what you or your daughter fear may not even come into play. Unless an unfit parent, the Court will almost always entertain joint legal custody, while physical custody is not treated and investigated as joint legal custody.
Can I sue fortnight company for changing my son and his behavior?
Neil’s Answer
You absolutely CANNOT sue the game manufacturer. Take the game away. You're the parent.
How to get spousal support started?
Neil’s Answer
In order to pursue a claim for spousal support (alimony) there must be a pending divorce or separate maintenance action. You should consult with a knowledgeable and experienced family law attorney since there are many facts needed and factors necessary to evaluate whether or not you're a candidate in the court's eyes for spousal support. As for going back to the house, there should be nothing preventing you from doing so. You have as much right to be in the marital residence as does he. Again, retain the services of a family law attorney.
Can a felon legally get a marriage license
Neil’s Answer
I see no reason why you couldn't marry. There's no prohibition concerning marriage by a felon. It happens all the time.