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Q&A Archives

Questions

Moving Out-of-State with Child

Moving Out-of-State with Child

How can I go about moving my son and I to Texas? He was born there, as was I. I have nearly full custody of my son; my ex has 36 hours per month with him, in addition to holidays. The rest of the time he is with me. I have no family here, no support other than her family – who are all hostile to me. It is well known that being a single parent is hard at best, but in my situation, it is more so. I have family in Texas who can help, plus the numerous other reasons I have for moving. Yet, the documents I have say my son can not leave the state without consent or a court order. She will not consent, and has told me that she will probably lose in court, but will fight me anyway. I just want a better, more peaceful environment in which to raise my boy. What do I need to do in order to get that court order?

You will need to file a motion to modify custody and request that you be allowed to relocate out of state with your son. The court will probably appoint a CFI to investigate and make recommendations to the court as to your son’s best interests.

Seeking Child Support Modification

Seeking Child Support Modification

I am trying to assist my son in Colorado with a child support modification and motion to enforce. My son pays his live-in girlfriend for day care for his two children of the marriage (they also have a son together) Will the court allow this amount to be included in the child support calculations? She was awarded an automobile in the separation agreement and was to take full responsibility of that auto. She has not obtained financing in her name nor changed the title. The financing is in his name and shows on his credit report.

If your son has proof that he pays his live-in girlfriend to baby sit he can include it in the child support calculation. However, it most likely will be challenged as most spouses/significant others don’t charge their mates for daycare services.

Credit Card Debt Liability

Credit Card Debt Liability

Hi, my divorce was final 2 years ago and my ex has not put the credit card bills she is liable for in her name. They are still in my name and she is late every month paying them which has destroyed my credit. What can I do to get her to put them in her name? Thank you

If your wife is court ordered to pay the credit card bills and transfer them into her name but has failed to do so, you can file a contempt action against her for willfully failing to follow a court order. Ultimately, if she doesn’t comply, she could be jailed.

Proceeding with a Divorce

Proceeding with a Divorce

my husband and i mutually separated 10 months ago. we wish to file for an uncontested divorce asap! due to a lack of funds we did not seek legal advice; can we proceed with divorce with out being legally separated? we have been living separate lives for 5 years now and tried co-habitating for financial reasons. we both wish to move on and proceed with divorce so that we can pursue other avenues.

Absolutely. There is no requirement that one be legally separated before filing for a divorce.

Can Court Order Visitation?

Can Court Order Visitation?

My x-girfriend makes life impossible. Can a court force me to visit the child even though i dont want to? Please help. I thank you in advance

NO, the court can’t force you to visit your child. However, a court can force you to pay child support notwithstanding the fact that you are not seeing your child.