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| change a law, change my case? help, please!! |
| Domestic Violence & Abuse |
We were supposed to go to court tomorrow to finally testify against my abusive pedifile stepfather after having to wait over a year. The court date has been set to next week now, and some things have come up that I need advice on. The last time he touched me was like last February, but he was physically abusive up until his arrest early last June. Because he admitted to holding a gun to my head and threatening my life on more than one occasion, we were going to go for the max in Oklahoma, which was life in prison. But in the past month or sometime the state (according to the D.A.) changed the law where the max is like twenty years or something, and my mom said it almost sounds like they make it okay to molest your child (I haven't read the new law so if anyone knows where you can find information on it that would be great). The D.A. told me we can't try for life now, but isn't that against post facto law? If they don't try for life still, I want to sue the state. Can I? Should I? How?
(btw, i am a girl, this is my boyfriends account)
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| claiming spousal support, after divorce? |
| Alimony & Spousal Support |
I'm searching for a lawyer to discuss, but right now, I'm trying to gain as much info as I can.
basically:
My wife and I divorced on 6/29, and she is now requesting spousal support. We made the mistake of having the forms filed by a paralegal, so now, we have this huge trail to follow up on.
brief profile:
We have been married for only 4 years. no kids. reason of divorce is incompatability.
I am 26 years old
salary: 50k/year
education: Bachelors degree
Her:
28 years old
salary: 30 to 33k /year.
education: Masters degee.
She is qutting her job this week to pursue add'l education, and is claiming that since she is losing her income, I owe to support her.
I was being nice to her and offered her around 8k to 'assist' her. I have paid her 3600, and was suppose to give her the rest this week. However, she just told me that she saw a lawyer herself and the lawyer claims that I need to pay more. so she is now wanting more. With this, I am halting any payments and will probably just seek a lawyer.
Do you think she is just bluffing?
so a couple of questions here:
1. What do you guys think about this in general? Can she get more?
2. we are alrady divorced. the paralegal paperwork pretty much just says we will take care of everything amongst ourselves. It doesn't say who owes what, or who does not owe what. Can she still claim after the fact?
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| Custody hearing tomorrow! |
| Child Custody & Visitation |
| What is the name of your state (only U.S. law)? Oklahoma. Can my ex husband get custody of my 15 year old son just because my son wants to live with him?
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| Young Married Couple: Guardianship of wife's younger sister possible? |
| Adoption |
What is the name of your state (only U.S. law)? Oklahoma
I am 19 yrs old with an associates dgree, my wife is 18 with 19 college credit hours. My wife's younger half-sister is 14 years old and in the Oklahoma DHS foster care system getting bounced from one foster home to another. She has been in foster care since before she was 14 years old. Is there any way my wife can get custody/guardianship of her younger sister, preferrably with state monetary support. This would include possibly being her foster parents. My wife makes 20k$+ a year and is a full time state employee with benefits such as insurance. I am a student worker at my college and make around 10k$ a year before student loans and aid. (around 18k$ if you include aid). Me and my wife are currently in an 820sq ft townhome, but are going to upgrade to a 3 bedroom rental home soon (prior to attempting to take in her sister if it's possible). Me and my wife have been married for just over 2 months.
In one section of oklahoma law I did note that it says "302104. Nomination of guardian by minor at 14 years of age Approval of court.
When a guardian has been appointed by the court for a minor under the age of fourteen (14) years, the minor, at any time after he has attained age fourteen (14), may nominate his own guardian, subject to the approval of the court."
That's why I included the 3 bedroom house, income, and education lvl information to see if that might meet the "approval of the court."
My wife was displaced from her biological family several years ago as well. She shares a mother with her sister, but their fathers are different. My wife's mother and step-father are into hard drugs, prostitution, etc. They lost all of their children to DHS because of abuse and an all around bad environment for children. They were taken into state custody in a different state and are now in Oklahoma. None of my wife's sister's relatives have any contact whatsoever with her and will not help in any way. By "will not help in any way" I mean there is no one else related who has any interest at all in trying to get custody, and her biological parents lost custody and have court-orders restraining them from contacting her. My family was extremely supportive and good to me, and my parents have been married for over 25yrs.
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| Gaining custody of son back |
| Child Custody & Visitation |
I am in Tulsa OK. My mother has had custody of my son since he was 4yrs old. He is now 15yrs old. She gained temporary custody at his age of 6. I had no knowledge of this action. I was absent for a brief 6mo period. I was in his life but I was destructive to myself. (meaning I did lots of parting) I was simply self-medicating. I have been a part of his life, consistently, for at least 5 years and have established a stable home for the past 2.5 years along with a loving and nurturing marriage of 7 years. I am currently attending a University for my Associates in Accounting and my husband is employed by the city as well as employed with the military. We have been wanting to get custody of my son but have no idea how to do it. We have zero money to give to an attorney. My mother is a master manipulator and continues to use my son against me. Annually, she is required to go to the courts and renew temporary custody again. The next one will be Oct 31 2009. It states that on that date or before. I need to contest it or somehow let it be known that I do exist and have taken responsibility for him for years now. I have all of the documents of all transactions since day one of her doing this. She states many lies and continues to tell them (the judge) I am not in his life. I was told about "Termination of guardianship". Please help, there is no reason at all for our son to be without his parents. We feel we have matured and wish for our family to be back together. My son has expressed his desire to move back with us.
Please please someone help. I just need some guidance and/or contacts of free advise.
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| Not the father |
| Child Support |
| After 8 years we just found out that my husband's son is not his. The child support case is in oklahoma. Under US Law we just read that if parents were not married a DNA test should be done. After looking over the case we saw that they entered the case as though they were married. I know that Oklahoma told my husband he had 30 days after petition was filed. He was served while he was in canada and his father signed for the papers where he did not live, so I default was set. When he finally got back home he called and ask for an appeal. He was not granted because the mother stated that he called her and told her he was not going to show up in court which was not true because we had no number for her. Needless to say he could not get paternity and was ordered to pay. The child made a comment which question paternity so we took one and of course he is 0% the father. CAn we stop child support payments and request refund? Please help
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| Abnormal Teen Pregnancy |
| Marriage, Domestic Partnerships and Other Family Law Matters |
| My daughter is 17 and niave, she would have trouble taking care of a healthy baby much less an abnormal one. The Dr. belieives the baby will have difficulties or the mother could. As a parent to my minor child could i lawfully force her to an abortion if it is life threatening to her or the child?
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| enforcement of child support order |
| Child Support |
Sorry. I started one of these earlier, but didn't know for sure how to do it--the 'thread' stuff is confusing for a non-computer geek!!
My ex-spouse owes me over 20 months in child support, which amounts to over $13,000 as of this August 1, 2009. In addition, he inverted some numbers in prior years, and shorted me roughly $600 a year from the year of the orginal divorce (2002) through 2007, when he filed for modification of support. That arrearage is roughly $3500, so there's a lot of backowed money involved with my situation.
We lived in Colorado at the time of the orginal divorce. When he medically retired from the FAA in Dec 2007, he moved to Florida, and filed for modification of support. This brought the support down from $1600 a month (6 minor kids in the original decree) to $795 a month for 5 kids (one reaches adulthood the end of Oct 2009). He then moved again, and since my adult child breeched his confidential message to her, I know he has moved to Oklahoma---a fact which may or may not be pertinent. But a fact that I'm not supposed to know, as my ex requested secrecy.
My ex also confided to my daughter that he intends to take me back to court as soon as he has paid a retainer fee to get his lawyer to file the forms with the court. I don't believe I've done anything illegal, so all I can do is speculate that my ex wants to have the already modified, unpaid support forgiven, and the mofication orders lowered even further. He believes he should be entitled to tax deductions on the majority of the children, even though he is in significant arrears on child support, including for the years he was paying an incorrect amount. So part of me feels he can't 'get anything' from taking me to court, except the pleasure of creating more anxiety and expense, and part of me sits like a deer in a headlight, not knowing what to expect or do.
My situation is obviously complicated, and I obviously need legal representation. However, with my limited finances, I can only hope there's a lawyer out there who might work with me (aka, represent me on a pay by the hour basis--or accept the majority of the retention fee after the actual court battle.) However, I don't know where to begin my search, and I'm fearing that time is imperative, since my ex claims he's going to take me back to court as soon as he can. Any suggestions?
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| Kids upset |
| Child Custody & Visitation |
| how old do you have to be to say that you dont want to go to dad's on a weekend. i have 3 kids and they are not wanting to go to their dads every weekend they are wnatiing to stay sometimes at home with friends. Recently went through a custody battle and ex got every weekend and they no longer get to have parties or friends over
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| My Ex-husband has a suspended license and bench warrant |
| Child Custody & Visitation |
| I just found out that my ex-husband's license has been suspended for the last 4 months. He has regular visitation on Wed and every other weekend. He has been picking her up from daycare and I have even talked to him on the phone while he was driving. He was scheduled to go to court due to back child support. He failed to appear and a bench warrant was issued. What are my rights? Can I keep him from driving with her in the car? How does this work?
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| Proceedures for contempt of court |
| Alimony & Spousal Support |
I sued my husband for divorce. I won on grounds of adultery and it was decided that he would pay me $9000.00 for 100% our bills and I was awarded damages of $9000.00 for him having an affair with his first cousin during our marriage. I represented myself.
He was ordered to pay me $750.00 a month, and has not made one payment. I want to file contempt of court, but am unsure of procedures in my state.
The rule is I file an application, in the application for contempt it states the reason for the contempt and the judge finds that a hearing is needed. Along with that I submit the order to appear where the judge inserts the dates with the language that if he does not appear a warrant may be issued for his arrest. I then have him served, and present to the court proof of service. When I go to court, I need to present the judge with a fill in type form "ORDER" but I'm unsure of the language needed in this form or the general format used in my state. I can't seem to find an example to follow on this form. Can anyone help on this?
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| Motion To Modify Custody |
| Child Custody & Visitation |
| I'm filing a motion to modify custody per my 15 year old daughter's request. My question is, do I include the motion to modify child support in the divorce modification I file, or do I wait and file it in a separate court action?
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