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DaNece Day

DaNece Day’s Answers

12 total


  • Can a fifteen year old file a petition to modify the custody order?

    My son has been in Texas for a year now with his stepmom. His dad is rarely home. He is up here in wyoming for the summer and strongly wishes to complete his high school years in wyoming with all of his friends where he was born and raised?

    DaNece’s Answer

    Your son is not a party to the custody order so he cannot file a petition, that would have to be done by either you or your ex-husband. If the two of you cannot agree that your son live in Wyoming and the case went to a trial, your son would be able to testify regarding his preferences and while his preference does not control the judge's ultimate decision regarding your son's best interests, his preferences will be given consideration. The first step will be to have an honest discussion with your ex-husband and son about what he wants and what is best for him to see if you can reach an agreement rather than fight in court.

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  • Will I be in contempt of court if I deny visitation to his family when no arrangements were made?

    I have joint legal custody. My ex husband gets every-other weekend. The last 2 visits my ex hasn't shown up to pick up or drop off, his family is there though, no arrangements were made for them to pick my son up, his family doesn't live with my e...

    DaNece’s Answer

    While you may not be in contempt, if you deny grandparents access during dad's time just because you can, you may well be sued for grandparent visitation rights. The question you need to ask yourself is what is in the best interests of your son. It sounds like it's better for your son to be with his extended family than his dad right now because of the substance abuse issues. You should have a frank discussion with your ex's family about your concerns and come to an agreement that protects your son and provides him a relationship with his grandparents, cousins, etc. In the end, if everyone wants what is best for your son your ex will go to treatment and be able to resume a relationship that includes his family so you won't be in this position.

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  • How can a judge in a divorce case calculate child support payments if they don't have any financial income for one the parents?

    My sister went through a divorce and in discovery, her husbands financial information was requested in discovery, but the father never gave this information.

    DaNece’s Answer

    The Court will consider your sister's testimony about where her husband worked, what hours he worked, etc. If they filed joint tax returns this isn't an issue as his income is provided. If it's not too late your sister (her attorney) can either compel discovery or issue subpoenas to his employer(s) or bank(s). If the divorce is final and more than six months have passed, your sister can request a modification and attempt to get to the father's income information again. She should have the same judge so if there is proof that he hid income during the divorce proceeding, there may be some consequences for him as judges do not like parents who lie or manipulate the system to avoid supporting their children.

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  • How do I get Child Support removed from credit report?

    My current boyfriend and I were split for a year in which he had to pay child support. The case was closed when he moved back in 2011. We just found out that his credit report is showing he owes 8000. He has been living with me and supporting h...

    DaNece’s Answer

    Contact the child support enforcement office in the community where the order was filed. You may be asked for proof that you have been in the same household. If you don't receive assistance there, contact an attorney who can file the necessary documents with the court to clear this up.

    Good luck.

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  • After four years of marriage, what are my prospects for receiving temporary and permanent alimony, and for how long?

    I want a divorce, but it has not been filed yet. I am the wife and cannot afford an attorney. We have been married four years, but have been living separately for several months. We have no children together. My husband is the primary breadwin...

    DaNece’s Answer

    Without information regarding your spouse's income, your marital assets and if there was a prenuptial agreement, it would be difficult to wager a guess. The Wyoming Supreme Court has held that in divorce it is preferable to provide for a spouse through the division of assets than award an ongoing obligation for alimony, so alimony awards are not the "norm" in Wyoming courts, regardless of the length of marriage and your marriage is comparatively short.

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  • I need to know if my daughter NEEDS legal representation or not?

    My daughter's ex had custody of their son and was remarried. She had partial custody, summers,etc. He was killed this weekend(he committed suicide) and now the new wife won't give my daughter her son. What do we do?

    DaNece’s Answer

    Yes, your daughter needs an attorney to file a writ of habeas corpus immediately. As difficult as this situation is, she must act quickly. Good luck to her.

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  • My eldest son of 2 children graduates in May. This brings up several questions about the amount I will be paying. Can you help?

    I still have a daughter that I will be paying child support for who just turned 16. My understanding is that a "Modification" will then be in order? Most of the on-line calculators show I should have been paying more since I received a pay incre...

    DaNece’s Answer

    In Wyoming, child support does not automatically adjust when a child emancipates, so you will need to request a review of your child support. You can either find the forms to do this yourself on the Wyoming Supreme Court website, through Child Support Services (your local office is in Evanston), or hire an attorney.

    Support cannot be modified retroactively. You will not, however, receive credit for any extra amounts you have paid as those are considered gifts.

    You may find you will pay more for 1 child than you have 2 not only because of changes in your income, but a cost of living adjustment made by the legislature in 2013.

    You are wise to begin addressing this now, as it can take some time to gather the necessary documents and get a court date if there is not an agreement on a new amount.

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  • Where do I get free legal help to get full custody of my daughter from an abusive relationship?

    I have had a protection order in the past with her father. I dropped it when she got sick so we could co-parent. He has become the same person again and I need to file for full custody. I am in a small town and can not find a single lawyer, piece ...

    DaNece’s Answer

    The Supreme Court of Wyoming has packets on their website. http://www.courts.state.wy.us/Forms/Index
    These packets are also available at the Clerk of District Court office in your local court house for a nominal fee (the cost of the paper). You can also contact Wyoming Legal Aid at 877-432-9955 to determine if you qualify for services through their offices. The Domestic Violence Clinic at the UW College of Law may also be a good resource. The number there is 307-766-3747.

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  • Does my boyfriend owe me child support even though he is not the biological father of my son? We lived together for five years.

    My husband died seven years ago and for the last five years I lived with my boyfriend in his apartment. Recently he asked me to move out so he can focus on his career. Does he owe me child support?

    DaNece’s Answer

    Unless your boyfriend adopted your son (which would make him your son's legal father) he would not owe child support. You should be receiving social security benefits for your son. If you are not, you should contact an attorney in Sweetwater County who specializes in social security benefits or go to the local social security office in Rock Springs to file an application.

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  • Do I need a family law attorney?

    Six years ago I was awarded sole legal/physical custody of my 2 minor children. Bio-dad has been on the run evading any type of contact with the children and child support enforcement. Through the agency we have detailed records of him evading chi...

    DaNece’s Answer

    You will need an attorney to assist you, particularly if this matter proceeds to trial. Judges have little patience for litigants like your children's father so it's best if you protect yourself. In Wyoming attorneys can provided unbundled legal services so you can hire an attorney to assist you for certain parts of the case (ie, filing an answer, appearing at trial). This might be a good option for you.

    THIS ANSWER DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP.

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