My husband and I have raised our granddaughter since birth (she is now 9 years old). We obtained legal guardianship (for schooling purposes) two months ago. Now just last week my husband announced he filed for divorce. Does he have to pay support for her since he has been doing so all along. We have been married for 29 years and I have been a housewife at his request all this time.
I think you need a lawyer for that question !!
But it seems that he wont have to pay !!
You need to go after the biological parents !!
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I am recently divorced (x 6mo) and have been paying child support and now it has come out that the mother never really was sure who the father was. We had him before the marriage so i am wondering if i got a praternity test and he wasnt mine could i go to court and stop paying child support or am i screwed since the divorce is final.
First, hire a lawyer. No one here can tell you anything, and specifically since we don’t know where you live, we can’t even know what the law is in your state if we could give you any advice.
However, the answer also depends on the jurisdiction you live in. In most states, once you admit to paternity, even if it turns out you were duped; it doesn’t matter. You’re on the hook for life unless you’ve been contesting paternity all along.
There are trends, however, to "punish" the mother for lying to the putative father when it comes out that the paternity shows another man to be the true, biological father.
So in a divorce situation, if the wife knew about the other man being the father, its possible to skew the property distribution or alimony towards the husband who has been stuck with paternity.
Check with a lawyer though. Everything hinges on facts and the law in your jurisdiction.
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My divorce, under the child support paragraph, it states that the Respondent (my Ex) shall be eligible for such reimbursement by the Petitioner (me) when such costs are related to the employment, search for employment, or employment related education of the Respondent.
What does this mean?
Wow, I can’t believe that’s listed under child support, because at first it sounded like spousal support. You might want to ask your lawyer to spell out exactly what types of bills are eligible for reimbursement, so that you don’t get stuck with unexpected bills. I suspect that you could get stuck with her college tuition bills if it’s not worded precisely.
My guess would be that related costs specifically means daycare for the child while the wife is employed or seeking education (either training or a college education) in order to obtain employment. However, as I said, tell your lawyer to spell out that your ex-wife would only be eligible for reimbursement for /daycare expenses/ related to employment, search for employment, or employment related education. Simply stating that she is eligible for reimbursement for any types of costs related to employment is far too broad, and I can’t think of any other cost for which you should be held liable, except for daycare expenses, in the child support section, so why not just say daycare expenses and dispense with the unnecessary ambiguity?
Keep in mind, you are supposed to pay a percentage of daycare expenses based on your relative incomes, so be careful that you don’t agree to pay 100% of daycare expenses in perpetuity. Even if she’s unemployed now, she will eventually find employment, and your agreement should allow for an adjustment of the percentage of daycare expenses you pay when the time comes that her income changes.
I made a promise to pay $150 a week in child support when I had a great job in my divorce agreement. Unfortunately I lost my job and no longer make what I use to. Can I go back to Family Court have have this agreement modified lower?
Yes you can. I translated in family court for a male relative going through a divorce and he had his child support payments reduced due to his income being reduced. I also think that I recall his lawyer saying that child support payments are based on on a formula applied to whatever your income is. If you cannot afford a lawyer call the family court in your area and find out what days and times duty counsel (free government supplied lawyer for advice and guidance) will be there an ask for his/her guidance on how to proceed.
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Women file for divorce 75% of the time. Is it possible that with alimony, community property, and child support that men’s value to committed relationships is lesser? I mean, let’s face it, with that in mind, women have less to lose and if you’re having relationship difficulties it would be easier for them to call it quits since they stand to lose the least out of the deal.
Yes, the laws are definitely in women’s favor. There are a small percentage of women that get screwed because they make more money. However, most of the time women get the house, car and kids. Then she gets child support and sometimes alimony to buy something for her new boyfriend. If that wasn’t enough, there is the "presumed fathers law" which means that a man is presumed to be the father of a child even if his wife got pregnant by another man. Does this sound like a fair deal to you? Sorry if I sound bitter but I’m just stating the facts. I’m actually a single father but I’ve known many guys screwed by the system.
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Duration : 0:10:4
If the Divorce papers say that the child custody issue has been taken care of prior to the divorce, does that mean we have to go by the child support papers? Or should the divorce papers have who has custody of the kids.
When I divorced we completed the divorce papers, then I addressed the child support issue. It was noted in the divorce papers who had full custody (me) and I then went to court after the divorce was final to have the court order him to pay child support.
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