Like most law firms, we want nothing more than to provide clients and potential clients with sound and helpful advice and information. However, when given only pieces of the puzzle regarding someone’s current situation, it is very difficult to provide an answer or reach a conclusion that is 100% accurate. Still, when armed with decades of experience, a bit of prior knowledge, and even some bits of the puzzle, we can at least get those seeking help started in the right direction. Here’s an example.
A potential client approached us with questions about estimating child support, and how much she would be likely to receive once her divorce was finalized. Her husband is already paying $600 a month for child support to his ex-wife and one child in Texas. She, on the other hand, lives in California and shares two kids with her husband. She wonders if she will get “anything close” to the $600 a month her husband’s ex-wife receives. We also know that she works part time and her husband works full time.
Again, answering this question completely with only generalities is next to impossible, but when life gives you lemons at least slice them up until you’re ready to make lemonade. So here is our stab at this woman’s case: six hundred is a pretty low number, and sounds like an order that’s been around for a while and never modified to reflect her husband’s current earnings. We also would guess that child support in Texas is less than in CA. Particularly since she only works part time and he works full time, it would be surprising if she didn’t get more than $600. But it depends on his gross income, her gross income, and the comparative time the kids are in her custody or in his. That’s the best we can do with the given information, but it should at least give her some foundation to build from.
For more information regarding child support, please visit our website: http://stanprowse.com/child-support
A man recently approached us with a complicated situation. Though he and his wife mutually agreed that divorce was in their family’s best interest, her reaction was negative to say the least when he served her with divorce papers. She promptly threatened to give 30 day notice to dissolve the lease agreement on the condo the couple rent, which, problematically for the husband, is leased only in her name. After those 30 days, she plans to move to another town, into an apartment where she has already cosigned a lease with her new boyfriend. To add fuel to the fire, the couple share a 12 year old daughter who wishes to remain with the father because she is afraid of her mother’s boyfriend. Of course, the mother wants custody of the daughter. This man states he can’t afford the rent on his own, and he believes his wife is trying to put him on the streets. His questions: Can she just throw him out? Can she just end the lease?
The leasehold interest, although hers as far as the landlord is concerned, is community property, so it therefore belongs to both the wife and the husband. Legally, her ability to evict him as a subtenant is exceedingly dismal. If she proposes to stop paying the rent and move out herself, that might be prohibited under the automatic restraining orders printed on the second page of his petition, because she’d be disposing of community property without his consent. However, we of course had to give him the honest truth about this situation. This type of discrepancy is highly technical and academic; dealing with it in a divorce case would be time consuming, and the result problematic. The reality is that if no one is paying the rent, he’ll have the landlord evicting him, no matter the status of his wife. The best thing for this man to do for himself and his daughter is to find a place to live that he can afford. That way, he isn’t dependent on the actions of his soon to be ex wife.
For more information on community property, as well as tenant protection, please visit their following respective pages on our website: http://stanprowse.com/community-property and http://stanprowse.com/real-estate-law/landlord-tenant-law
We were approached with an interesting story. A recently divorced man maintains “partial” custody of his daughter, but that custody is being seriously controlled by his ex-wife. The mother will not allow her ex-husband to take their child anywhere except the park or his house. She refuses to allow any type of contact between her daughter and her ex-husband’s family; the uncle of this child relayed that his own daughter isn’t allowed to have play dates with her cousin. You might ask how the mother is controlling where her ex takes their child. This is the eyebrow-raiser: the mother placed a tracking device necklace on her daughter. She threatens to stop letting him see her if the tracker is removed or tampered with. There are no stipulations in his custody rights, and his family reports that he’s a responsible man and father. The question is, can the mother legally track her daughter while she’s in her father’s custody? Is this something worth fighting in court?
To completely understand this story, we have to make two assumptions. First, we assume that by “partial custody”, the father has a significant time share with his daughter; presumably every other weekend and an overnight during the week. Second, we assume that by “no stipulations” there are no restrictions in the custody order in regards to where this man can go during his time with his daughter. With those two assumptions, the mother has no right to tell her ex where he can and can’t go during his time with their daughter. The tracking device, in my opinion, is an unreasonable intrusion into his custodial rights – it’s as if the child’s mother is always there looking over his shoulder and interfering with the intimacy of his father-daughter relationship. This man should get a lawyer, go to court, and defend his parental rights.
For more information on child custody, please visit our website: http://stanprowse.com/child-custody-fundamentals