Patch Pro: Divorcees, Do You Know Your Rights?

Chris Steller (Editor) October 9, 2012 at 05:50 pm

Can you say something about how family law and the trend these days of more and more adult children living at their parents' home?

Terryl Johnson October 9, 2012 at 08:03 pm

Do you ever use Certified Divorce Financial Analyst in your practice? If so we should meet. My name is Terryl Johnson and I am the only fully dedicated CDFA.

Evan H. October 9, 2012 at 08:54 pm

why do women always get the better end of the deal in divorces and men get raked over the coals?

Lisa Watson Cyr October 10, 2012 at 12:09 am

Hi Chris,
The most common situation in a family law context where this would potentially have an effect concerns child support, especially in terms of child care. It is quite common in these situations for the grandparents to provide child care. Even though in many cases parents may agree that the grandparents can provide better care than traditional daycare, the mom or dad may not agree to paying his or her share of fair compensation for such care simply because it is the other party's parents. Thank you for your question! Lisa Watson Cyr

Lisa Watson Cyr October 10, 2012 at 12:12 am

Hi Terryl,
I would be happy to meet with you to discuss your services. My email is lwcyr@bcmlawoffice.com. Please email me and we can set up a time to meet. Thanks! Lisa Watson Cyr

Lisa Watson Cyr October 10, 2012 at 12:31 am

Hi Evan,
I have been practicing Divorce and Family Law almost exclusively for 14 years. Having represented approximately the same number of men as women, i have had the opportunity to handle both sides of the issues faced by parties going through the divorce process. It has not been my experience that women fare better than men when it comes to family law matters. I believe one of the most important factors in obtaining a fair result no matter the issue is finding an experienced lawyer to effectively represent your interests. Thank you for your question! Lisa Watson Cyr

evelyn October 10, 2012 at 01:19 am

Hello. If a dog was purchased 8 years prior to a couples marriage, by one of the spouses, will that dog go to that spouse in divorce? From my reading, it is non marital property, therefore it would go to that spouse.( Also, that spouse is the primary caretaker, and provider of the dog ( vet bills) ).However, if the other spouse is not allowing the "owner" of the dog to pick thedog up, what is the recourse? Thank you!

Simon D October 10, 2012 at 11:42 am

Not so much a question as a comment. One of my favorite legal jokes has always been, Q. "Why are divorces so expensive?" A. "Because they're worth it."

Sara Rum October 10, 2012 at 11:55 am

What is the process if you find another job out of state and you have full custody of the minor child but share joint legal? The father has not seen the child in 8 months.

Lisa Watson Cyr October 10, 2012 at 12:28 pm

Hi Simon,
One of my all time favorites! Thanks for sharing! Lisa Watson Cyr

Lisa Watson Cyr October 10, 2012 at 12:31 pm

Hi Sara,
If you cannot reach agreement with the father for you to move out of the state with your minor child, then you will need to bring a motion asking the Court for permission to move with the child. The Court will decide the matter based on the best interests of the child. Thank you for your question! Lisa Watson Cyr

evelyn October 10, 2012 at 12:37 pm

Hi Lisa, can you answer the above pet question when you get a chance. Thank yoU!

Lisa Watson Cyr October 10, 2012 at 12:45 pm

Hi Evelyn,
You are correct in your assessment of non-marital property! Even though many people regard their pets as akin to children (part of the family!), divorce law characterizes pets as personal property. Whether the property is determined to be marital or non-marital affects how the Court awards the property. In most cases, property owned by a party before the marriage will likely be awarded to that party as non-marital property. To retrieve the dog in your case, you will likely need to bring a motion asking the Court to order the other party to release the dog. Of course, this assumes that a divorce proceeding has been started and filed with the Court. Thank you for your question! Lisa Watson Cyr

Sue October 10, 2012 at 01:13 pm

Is there any statute limitation on collecting unpaid child support? My ex stopped paying when he lost his job - now about 4 years ago. My child has since reached legal age, but the debt is still outstanding.

evelyn October 10, 2012 at 02:31 pm

Thank you Lisa. There is no divorce filed yet in court. Only a summons thats requesting all of my items including the dog. I had someone try and pick him up the other day, after notifying my spouse in writing the week before, and he wouldnt release the dog. I wonder if there is any reprocussions on his actions?

rebecca Fannon October 10, 2012 at 02:34 pm

how can moving out of state be in the best interest of any child? This separates the child for his non custodial parent or makes it very difficult to see the other parents. I think the courts dont think of the child much, only how much money can be made off of these cases.. This is speaking from experience...

Guacamole October 10, 2012 at 02:50 pm

I'm ready to leave my wife. The reasons aren't important, but I'm scared. We have one school-aged child, not much money and few big-ticket possessions. She's demanding full custody and child support. I've tried everything, but the relationship is dead. How do I get the ball rolling, so to speak? Do I just pack my things and leave? How do you recommend talking to our daughter? Any help would be appreciated. Thank you.

Billy October 10, 2012 at 04:45 pm

If my exwife is court ordered to pay 1/2 of our childs medical insurance through our divorce decree and refuses to, can I deduct that amount from my child support payment?

Heyitsme October 10, 2012 at 04:49 pm

Rebecca...best interests of the child. This particular father, non-custodial parent hasn't bothered to see said child in 8 months. Mom is primary caretaker and bill payer...so she found a job in another state paying her more...and maybe (we don't know) she might be closer to a support system there (family, good friends).

Simon D October 10, 2012 at 05:56 pm

O.K., one more and I'm done. Q. How do you get a group of attorneys ( an expense of attorneys?) to smile for the camera? A. Tell them "Say Fees."

kristen kummel October 10, 2012 at 07:16 pm

If you have an xhusband that agreed to pay previous debt in lue of spousal support and only pays 1,300 a month for 3 kids per month and did not pay off debt what can I do? He also works for his new wife and claims 0 for employment-hiding his income in her name to dodge any responsibility. He also drives a audi and she has a mercendes and living in a milliion $ house- any advice?

natalie I October 11, 2012 at 12:20 am

My husband wants out of our marriage.. He let me know about 2 months ago but we've been separated for 2 yrs.Does it matter who files first and what are the benefits to doing so? What are the chances of receiving alimony ? We've been married 5 yrs. with no kids..

Steve V. October 11, 2012 at 02:03 pm

How do you go about collecting money from an ex that has not paid what she agreed to pay in the decree?

Hannah Gruber (Editor) October 11, 2012 at 02:08 pm

Hi everyone! Charles Goldstein of Goldstein Law Office (see his bio above) will also be joining the discussion to help answer your questions. Thanks!

Kim October 15, 2012 at 03:55 pm

Ahhh Evan, if that were only true. I am a divorced woman of 2 1/2 years after just less than 23 yrs of marriage and I got my everything I worked very hard for taken from me. People may not see that 'assets' are really worth that much until you go looking for a step ladder or something you're used to having & find it's w/him. Or your 401K is chopped in half because they get 1/2 of everything, and they had NOTHING to give & they squandered it all away in 1 1/2 years. I, as a woman, ended up paying child support because my teenage son chose to live full time with this father & have free rein with no rules. After 1 1/2 years time, my son grew up, matured & figured things out and is now living with me. Although not one of my child support payments was late, I had to fight through mediation and then through the County (costing me even MORE $$) to get him to pay me what was owed me. MEN do NOT always 'lose' everything. I will tell you though - I wouldn't trade my new beginnings for anything in the past. Hope you find a good lawyer - I would NOT recommend Patricia O'Gorman out of Cottage Grove, MN - because of her, I lost almost everything. :(

Coach Outlet November 10, 2012 at 08:18 am

http://www.coachfactoryoutletonlinebc.org Coach Outlet
http://www.coachoutletod.com Coach Outlet http://www.coachfactoryoutletbo.net Coach Outlet http://www.coachoutletpn.com Coach Outlet http://www.coachfactorystoredo.com Coach Outlet Online http://www.coachfactoryoutletsp.com Coach Factory Online http://www.coachoutletstorefb.com Coach Outlet Online http://www.coachoutletstoreonlinert.com Coach Outlet http://www.coachoutletonlinelc.net Coach Factory Outlet http://www.coachoutletonlinelon.com Coach Factory Outlet http://www.coachoutletonlinelsa.com Coach Outlet Store http://www.coachoutletrf.com Coach Outlet Online http://www.coachfactoryonlinebp.com Coach Factory Outlet http://www.coachoutletuser.net Coach Outlet