We have a parenting plan but the other parent stopped using visitation years ago and then moved far away, so they haven't seen each other and on top of that they never had a good relationship from the get go. Now, they are saying they might mov...
The Court is supposed to enforce the parenting plan until it is changed. Therefore, if you think visits are detrimental, you need to file a petition to modify the parenting plan. The standard for modifying the parenting plan is "substantial change of circumstances in the household of the non-moving party." Failure to exercise visitation for several years is almost definitely a subst. change of circumstances.
If you can afford it, I would hire an atty to file the petition now, before he shows up and causes trouble. If you can't afford it, you should try to do it yourself.
I have been living with a woman for slightly over one year and am about to receive my pension in a lump sum.
Your question is really about whether or not the court would find that you have a committed intimate relationship, and, if so, whether it might give part of your separate property to her upon dissolution of the CIR. First, the Court is very unlikely to find a CIR after only living together for a year. 2) However, even if the court found a CIR, it would not award her any of your separate property. That is the difference between a CIR and a marriage.
To keep your lump-sum payment from your pension separate, put it in a separate bank account and do not deposit any other money into it. That way, you will never run the risk of co-mingling community and separate assets.
Their divorce was done 7 years ago and it came along with a child custody order. The problem is that the ex-wife filed these in a State none of them ever lived in. It is my understanding that since both parents and the children never lived in that...
I have been practicing family law for over 10 years. Your friend should call me. The initial phone consultation is free. We can discuss my fee during the phone consultation.See question
As part of our 2016 divorce a QDRO was finalized awarding my ex-wife a portion of my pension. My ex wanted me to buy out her interest in my pension, we agreed and she signed a document to that effect, I then gave her the agreed-upon amount of mon...
Interesting question. I have never had this come up before in my practice. Having said that, I can't think of a reason why you couldn't reverse it. If the pension is already in pay status, then you and your wife would need to agree on what to do about the payments already made. If it isn't in pay status, then enter an agreed order vacating QDRO and restoring the status quo ante. Be sure to speak to the plan administrator first to make sure you get the exact language you need. You want to have the order pre-approved by the plan administrator before you send it to the judgeSee question
My wife and I may unfortunately end up divorcing. At the moment we're still living in the same house (in separate rooms), and for the short-medium term I want to keep it this way so that our kids have continuity and do not suffer. She says she doe...
HOUSE. If your wife alleges domestic violence / immediate risk of irreparable harm, she can get an ex parte restraining order and get you kicked out immediately. On the return hearing, she may be able to make that order permanent. If your wife does get an ex parte TRO, she can bring a motion for temp. orders and prob. get you kicked out in a matter of weeks. During the dissolution process, either the parties will agree who gets ownership of the house or the court will decide. (The agreement or court order could be to sell the house instead.)
RELOCATION. Right now, it doesn't appear as if there is a court order, so either party can take the children to whatever state the please. Having said that, the Court will not look kindly on taking the children out of school and preventing contact with the other parent. Once you get a custody order in place, neither party will be allowed to relocate with the children without compliance with the Relocation Act.
My soon to be officially ex-wife asked me to move out as she wants a divorce. I agreed. She expects me to keep paying our bills such as mortgage and her car payment (she's unemployed and looking for work) for awhile. Eventually she also expects me...
Sounds like you are getting divorced. Your decree of dissolution will spell out the details of who occupies the house, who pays for, and what happens if the payor defaults on the house payment. The decree of dissolution will also spell out who pays how much maintenance (spousal support) if any, and for how long. The parenting plan will determine where the children are on any given day. The Order of Child Support will establish who pays what in child support. You really need to speak to an attorney to make sure you are getting a reasonable deal.See question
We bought property three years ago. I have always paid mortgage . We have two children.
You can't remove your husband's name from the deed unless he agrees to it. In addition, it sounds like you have 2 children, are living alone, but don't have child support or a parenting plan. I suggest you get divorced and move on with your life.See question
I've been living with my girlfriend since 2011. I purchased a home in 2014, and have lived in that home for about 2 years now with her. I purchased it and pay the mortgage, bills, everything on my own. What precautions can I take before getting...
A court will enforce a pre-nup that is procedurally fair. That means both sides have an attorney, full disclosure on both side's financial picture, and the pre-nup is signed, IMHO, at least six months before the wedding date. If a pre-nup is not procedurally fair, a court will look at its terms to determine if it is fair.
If you don't get a pre-nup and you get married, and then, years later divorced, the court may award her some of your separate property.
If you don't get married and continue living together for years, and then you split up, she can file for dissolution of committed intimate relationship. The result might be that she gets 1/2 the community property, but she would not have a legal claim to any of your separate property.
If you are worried about protecting yourself, you should hire an atty.
I have a parenting plan that no longer works and my ex wouldn't budge on changing it. I can no longer visit my child on weekends like we have laid out in parenting plan due to work schedule. My ex refuses any mid week visits. He also has decided t...
NEW WORK SCHEDULE. A change in work schedule that prevents you from exercising the current residential schedule qualifies as a substantial change of circumstances so that you file a petition to modify the parenting plan. File a proposed new residential schedule at the same time as the petition. You should talk to an attorney about whether you can file a major modification or a minor modification.
STEP PARENT. You have the right and obligation to exercise all the time allotted in the parenting plan. Your ex is obligated to make the child available during you allotted time. If he doesn't, file a contempt motion. The parenting plan is enforceable against the father, not the step mother. However, if the step mother is truly being difficult, you do have a few options. You should speak to an experienced family law attorney to explore what some of these options are.
My divorce was final 5/26/16, we still live together in the home. I want to move out. He will not follow advice of our realtor and lower the price in order to sell. He has been making every effort to make the sale of the house difficult, i.e listi...
I suggest you come in for an office consultation to discuss what to do. You need to enforce the decree, that may mean filing a motion to enforce and to appoint a special master to sign any documents necessary to drop the sale prices and, perhaps, the purchase and sale and other agreements necessary to actually sell the house.
I infer from your post that you can't move out until the house is sold because you don't have any money. He recognizes this, and doesn't want to sell because he doesn't want you to move out. This controlling and improper. I suggest you hire an atty to apply the strong arm of the law.