Skip to main content
Ilana Plotkin Schauer

Ilana Schauer’s Answers

3 total

  • If my husband sister has 50/50 custody of his daughter with the mother of his child dose he still pay child support ?

    Ilana’s Answer

    Child support is determined by the respective incomes of the parties as well as their percentage of time with the child(ren).

    In this hypothetical, the parents share equal custody, so whether or not one parent will be obligated to pay child support to the other parent will depend on the parents' respective incomes.

    The purposes of child support, aside from providing financial assistance for the minor child, is to ensure that the child does not feel a disparity in one home versus the other. So, if one parent earns significantly more than the other, the higher earning parent will likely pay support to the other parent, absent a written agreement between the parents to the contrary.

    Since child support is a right of the child and not the parent, however, the court will retain jurisdiction over the issue of child support and it can be modifiable (through the judicial process) even if an agreement is entered.

    See question 
  • How can I get this female out of my house??

    Ilana’s Answer

    Although it may seem unjust, it does not matter whether she pays the mortgage (or even whether she is on title). If the home was purchased during the marriage, it is presumed community property, and therefore 50% hers, even if her name were not on title.

    If you purchased the home with your own separate property earnings before you two married, the community would likely still have an interest in the home because of the mortgage payments made during the marriage using community monies.

    It does not help that she has never paid the mortgage, as that just illustrates a certain marital standard that was established during the marriage which will likely bolster a request on her part for alimony (spousal support).

    The option in such cases with marital homes is generally for one party to buy the other out, or for the parties to list the home for sale.

    You should probably confer with a family law attorney in your area to strategize how best to move forward.

    Good luck!

    See question 
  • Do the maternal grandparents have any rights, if the grandchildren are adopted?

    Ilana’s Answer

    The magical answer: "It depends."

    As a grandparent, you are able to file a request with the court to establish visitation with your grandchildren, however whether or not such a request will be granted will be determined by the Court on a "case by case basis."

    To have such orders entered by the Court, you must be able to show the following:

    1) That you have an existing established bond with your grandchildren, with the relationship being so strong that it is in the children's best interest to have such orders entered; and

    2) That the interest being served by establishing visitation orders between the children and grandparents outweighs the interest of parents having the right to make decisions governing the health, safety, and welfare of their children.

    There is no bright line rule with respect to this issue, as there will be a slew of factors considered by the Court in rendering its decision.

    I would suggest that you confer with an attorney who can provide you with a more insightful response based on your specific circumstances.

    Good luck!!

    See question