Rights During Separation
If my husband of 18 years and I separate, does he have the right to date and have sex with other women during this timeframe?
Yes.
Q&A Archives
Questions
Adjustments to Visitation Based on Child’s Wishes
Adjustments to Visitation Based on Child’s Wishes
My husband has an 11 year old daughter from his first marriage. She recently asked why she could not live with us half the time and her mom half the time. Her mother is very against this as it would mean a reduction in the child support that she receives. (This has been the biggest reason that she is able to give us) If we take her to court to change the parenting time, Do we have a chance of being awarded additional time with his daughter? Especially since it is the child that is asking for this?
It depends on a lot of factors such as the amount of time your husband now has with his daughter, the reasons why his daughter wants to live with you 1/2 the time. Are there abuse or neglect issues going on at the mother’s house? Is she having social adjustment issues, problems with school or mental health issues? These are all questions which must be answered to determine your chances of success. If you don’t have enough to warrant a 50/50 time split with his daughter, you may be able to increase the amount of time you now have regardless.
Can Joint Tax Return be Garnished?
Can Joint Tax Return be Garnished?
I know I do not live in your state, but your info is helpful. I recently got remarried, and pay child support to my daughters mother, we were never married. my support payments are made as agreed by the court, and my attorney, they do how ever garnish my income tax refunds , both state and fed, for prior arrearages, my question is since my new spouses income is over 100k if we file our taxes jointly can the court tax the joint tax return? or what should I do in this case?
Good question. The answer is YES. If you and your new wife file joint returns, the IRS can and will seize the entire amount if it owed. The only way to protect yourself is to file separate tax returns or adjust your withholdings during the year so that you will not be entitled to a tax refund. Therefore, the IRS will not have anything to seize.
Seeking Visitation Rights with Baby
Seeking Visitation Rights with Baby
What rights do I have? My ex-girlfriend and I had a baby in September. We are no longer together,but I want to have a relationship with my daughter I do not get along with her parents and the only way she will let me see her is if I go to her parents house and visit her, she wont let me pick up the baby. It is very uncomfortable and very hard to establish a relationship. Her parents got her an attorney and had me served with papers to agree to giving her full custody and limited visitation with them supervising it! I have 24days to respond and I dont know what to do,or what course of action I should take. Please Help. Thank You.
You definitely have rights. Do NOT sign anything. You will need to go to court to get an allocation of parental responsibility which will determine decision making and parenting time as well as child support.
Steps Against Manipulative Mother
Steps Against Manipulative Mother
We have had residential custody of my daughter (step) for the last 5 yrs, taking care of her school, doctors, dentists, therapy, etc. Mom hasn’t had anything to do with any of it until now. She is pushing her way in behind our back and having the teachers, etc. feel as if we are not doing our job. The other family has continued to manipulate her and the therapist is concerned with her having sociopathic tendencies. She is a great hardship on our marriage and our other 3 children as well as other children we sit for. Not only once in a while but on a constant day to day basis. Mom doesn’t pay for anything and we are considering switching to letting mom have the residential custody. We know she would press for child support even though we would agree to pay for her expenses. Is there anything due to us for the past 5 yrs and will we be able to continue to take her to her therapy and doctor appts? Mom has refused to take her in past….thanks in advance.
It depends on the court orders that have been entered. Is there an order that she pay you child support? Was this a divorce, allocation or paternity action? If she is that unstable, why would you even consider giving her custody of your step daughter? If the therapist is concerned that she has sociopathic tendencies, you should consider filing a motion to restrict her parenting time, request supervised visits or therapy if appropriate.