Can I Modify Parenting Time If My Ex Leaves Our Children Home Alone?

Question: During my wife’s parenting time she frequently does not spend the night at the marital home, instead sleeping at her boyfriend’s house. She says the kids are old enough (ages 12 and 17) to spend the night alone, but I’m concerned for their safety and would rather have them …

Does A Visitation Modificaton Replace All Terms Of The Original Decree?

Question: I modified visitation a few years ago so that it was changed to an extended parenting time schedule. When it was modified there was a special clause in the original decree that did not get included in the updated, modified order. I was told by my attorney at that …

Can You Modify Alimony If You Retire?

By Daniel Exner Divorce Lawyer, Cordell & Cordell If your state does not have a time limit on how long alimony lasts and are wanting to retire, you should file a motion to modify immediately. This is because, depending on the court, there may be an issue with the reduction …

Can Alimony Be Modified Based On A New Spouse’s Income?

Question: The man I am dating pays lifetime alimony to his ex-wife. I earn a large salary, substantially more than he does. If we were to get married, could she request more alimony from him? Can alimony be modified based on a new spouse’s income?

Retroactive Child Support Penalties If Wages Have Increased

Child Support Laws Question: My child support orders show there is to be an exchange of W-2 forms every other year. Neither party has requested these documents before, however my ex-wife is now threatening legal action because I have not provided them. Can this be an issue that will result …

Child Custody Modification: Chances Of Success

Question: I would like to know my chances for success with an upcoming child custody modification proceeding. In our divorce decree, I am supposed to have parenting time every other weekend and one day a week for 8 hours. But for the past 5 years I have had my daughter …

Modifying Child Custody Agreements That Harm The Child

Question: Can child custody agreements be modified if the parenting plan in place is having an adverse affect on the child? My son is a wonderful father to his daughter, who is a toddler. The visitation schedule calls for each parent to have her every other week. The problem is …

Can I Get A Child Support Modification Less Than One Year After My Divorce?

Question: Do child support laws for modifications apply for divorces less than one year old? We were divorced in December 2010. At the time of the divorce she claimed not to work, though she currently is self-employed making a decent income. I would like to lower my child support payments …

Paying Child Support During Summer Parenting Time

Question: I am curious about child support laws when I had my children for summer vacation. Per our child custody agreements, my kids stay with me over summer breaks. Yet I was still paying child support to my ex-wife during the months the kids lived with me. During an extended …

Modifying Child Support When Payor Files For Bankruptcy

Question: While going through our divorce, my husband was ordered to pay child support. Shortly after the order was entered he filed for bankruptcy and now wants the child support modified. Can child support be reduced or eliminated if the paying party files for bankruptcy?