There is a number of divorce questions that need to be answered. Here you will find questions that were aksed by vistiors, and have be answered by qualified lawyers. There are so many questions that need answering when it comes to the touchy subject of divorce that you may need legal information from someone who is legally qualified to help you. You may find the answers that you were looking for or you may not. If by any chance you do not see a question related to your experiences you may fill out your questions in the box below and a lawyer will answer your divorce questions in a timely manner.
Q. My estranged spouse and I are legally separated and reside in Maryland. According to the Pendente Lite order in place, I agreed to be responsible for paying $1600 a month in child support, until the divorce is finalized (in August).
I have been on my spouse's dental insurance all year long and recently (2 weeks ago) went to the dentist, paid out of pocket, and just found out my spouse got a check from the dental insurance company (reimbursing "her") for $400 (sent to her at her address, the check was in her name since she is the primary subscriber).
So my question is whether or not I can legally deduct $400 from next month's child support payment (due in about three weeks) - since the reimbursement money she received was ultimately from my checking account.
A. Unfortunately no, those are two separate issues. I would not advise you to pay less than the court ordered child support. The court takes child support very seriously and keeps tract of it separately. I would suggest that you request that she reimburse you for your the check that belonged to you by sending her the request in writing. If she does not respond then you can deal with the reimbursement issue in the property division phase.
Divorce Questions:
Now on a different situation, a married couple of 40years want to divorce, is it 'equal' shares like 50/50? Or are there 'too many' circumstances involved?????
A. For a 40 year old marriage, generally the split after the 4 step process has used by the Court tends to be very even or close to even.
Divorce Questions:
I'm getting married for the second time as is he. Part of his divorce agreement states that his ex-wife remains on his Medical Insurance coverage. Apparently she also gets his life insurance payment when he dies which seems crazy to me, but I'll let that one go for now in order to ask this question... Is he allowed to cancel his Medical Insurance and let me add him to mine after we are married? And if that's allowed (My family plan would be cheaper than 2 separate single plans), Would I then be responsible to add his ex-wife to my family plan coverage? Or would he be able to cut his ex off his medical insurance if he cancels?
A. Hello, Well, this would be spelled out in the divorce agreement. It it states that he will provide coverage for her for medical insurance then he would have to continue to do so.
Based on your comments, I would opine that he would have to continue to do so some way or another, whether he paid for a separate plan for her or she was added to any plan he is on. If her coverage were cancelled and she challenged it, a judge would rule in her favor as him cancelling his insurance would circumvent the judge's order. And judges don't like that.
Divorce Questions:
I am planning to divorce my husband. He wants to offer me a lump sum from his retirement account vs. paying monthly alimony (we will have been married 7 years on 8/7/2011). If I accept this, do I have to pay taxes on that amount, and since I am unemployed, how do I show "income" without alimony?
A. The Internal Revenue Service states that any alimony, separate maintenance, spousal support or other kind of payment is taxable as income for the recipient. Alimony payments are taxable based on the year in which they are received, and must be reported as income by the recipient.
Divorce Questions:
My daughter has just gotten a divorce. Is it ok for us, her parents to tend the kids when she goes out. Her ex says they have to be with him. His mother tends the kids everyday while they work , so she sees them everyday, and she also keeps them when he has his days with them. This is really the only time we see them , but the ex says his mother is the parental caregiver? Thank you
A. Good afternoon! I'm sorry to hear about the situation! A custodial parent may typically make use of a daycare or the services of a relative at his/her discretion.
However, exceptions apply when the court has created a provision regarding custody/visitation and the other parent's right of first refusal. Basically, such a provision holds that, before a parent can leave a child with a relative, the parent must first give the other parent the option of taking the child.
Q. I am married to a man that got a 10 yr bar from the US ... He is not going to return even after the 10 years.. I am a US Citenzen and and I want to go ahead and get a divorse is it possible?
A. TX does typically have no-fault grounds for divorce and you could file a petition for dissolution in the local court.
You would normally need to have him personally served with the pleadings, but should be able to obtain a divorce.
It is best to retain at least an experienced paralegal to assist you through this process.
Q. An Indiana man is separated from his wife for 4 years but still legally married. The wife starts a new realtionship with a new man and has a baby. The babys father dies. Is the legal husband responsible for this child in any way? (divorce papers to be filed soon)
A. Generally speaking, no. Unless the man's name is XXXXX XXXXX birth certificate and/or he assumes the father's role by volunteering paternity (and if so, he needs to file to challenge the paternity via a DNA test to prove that he is not the father), then he owes no child support for the child since it is not his.
If you have divorce questions and would like a certified lawyer to answer them, please leave your questions in the box below.
