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QUESTIONS

Why did the court dismiss my uncontested divorce filing?

I just moved here from Texas and my wife stayed there with our kids. We talked about divorcing before I moved and agreed on all our marital issues. There’s nothing left to do but finalize the divorce. I filed here in Chicago and I just got notice from the court that my complaint was kicked back. What do I need to do get the court to accept my uncontested divorce paperwork and get my divorce over with? I did pay the court filing fee when I submitted the case.

QUESTIONS

Can my ex sue me for child support and custody?

I have a 15 year old son who is saying he wants to go live with his dad because I’m too hard on him. His dad lets him get away with whatever he wants and I’m concerned my son won’t keep up with his homework or go to his school tutor if he lives with his dad. My ex is saying that if our son does go to live with him, he’s going to sue me for the same amount of child support he’s been paying to me. Can he sue me for custody of my son and child support just because my son doesn’t want to follow the rules at my house?

QUESTIONS

How do I file child abuse charges against my daughter’s daycare?

I think my daughter is being physically abused at daycare, maybe emotionally too. She is developmentally delayed and doesn’t talk. She does have a lot of functioning issues and her behavior can get aggressive at times. She’s coming home from the daycare provider with cuts and bruises and they say she is doing it to herself. She doesn’t hurt herself here at home and I’m concerned that the daycare can’t handle her and may be hitting or restraining her when she acts out. I called the Indiana Department of Child Services hotline and they said they would investigate, but I haven’t heard back. What do I need to go to get the daycare investigated and if they are abusing my daughter, how do I get them charged?

QUESTIONS

Does child support go up if your child needs special medical care?

My ex has been paying child support regularly but now I might need an increase. Our son has been diagnosed with cancer and will need special medical treatment for at least the next 6 months. I’m discovering that many of his medical bills are not covered by insurance and I’m having to pay them out of pocket. I’ve asked my son’s father to contribute but he says he can’t afford to pay more than he’s been paying and that we should qualify for some financial assistance from the hospital based on our incomes. Applying for grants from the hospital takes time and I need to pay these bills now. Can I ask for a child support increase to have my ex pay his share of our son’s new medical bills?

QUESTIONS

Can my wife get half my rare coins in our divorce if we have a prenup?

I have a prenuptial agreement signed by my wife and we are now in the middle of a divorce. The prenup says I keep all of my antique coin collection regardless of whether I bought more coins after we got married. My wife’s lawyer in Dallas just filed a paper saying my coin collection needs to be appraised and she wants half the value. I asked her what about the prenup and she said it’s no good because I forced her to sign it and she didn’t have her own lawyer. My lawyer drafted the agreement and my wife had plenty of time to look it and take it to a lawyer if she wanted. I never forced her to do anything. Is my prenuptial agreement valid and can I enforce it against my wife so I can keep my collection?

QUESTIONS

How do I adopt a child in Houston if I have a criminal record?

My wife and I want to adopt and we’ve been working with the Department of Family and Protective Services here in Houston. They sent us for foster parent and adoption training with a child placing agency. The agency conducts background checks before adoptions and they did one on me and my wife. I got a DUI about 3 years ago and the social worker handling the criminal background check says I have to wait at least 5 years after my DUI conviction before I can adopt a child through DFPS. I’m wondering whether this is actually true and if it is, whether my wife can adopt on her own if we stay married and living together. Can a lawyer get me through the adoption process even though I have a conviction on my record or help my wife adopt without me?

QUESTIONS

What exactly is a QDRO and how do I get one for my ex’s pension?

In my divorce the judge awarded me part of my husband’s pension. My lawyer at the time said I needed to have something called a “QDRO” to get my share of the retirement payments. I wasn’t happy with the way the lawyer handled my divorce and no QDRO was ever done. My ex is receiving his full pension every month and I’m not getting any part of it. I’ve researched how to do one myself and they seem very complicated. Every month that passes I’m being cheated out of my fair share of the retirement. I’ve asked my ex to pay me my share directly and he says he won’t until the law requires him to. How do I go about getting a QDRO and my retirement payments?

QUESTIONS

Can my wife and I get an uncontested divorce if we have kids?

We want to pursue an uncontested divorce because we don’t want to spend a lot of money on legal fees. We’ve agreed that we will sell the house and split the proceeds, and how to divide our personal belongings. We also wrote up a custody agreement for the kids, and the only thing we don’t completely agree on is how much my wife should pay in child support. She runs her own business and makes more money than I do. I went online and saw that there is a form I can download to file for an uncontested divorce but it says we have to have a signed marital settlement agreement. Other than what we wrote about custody of our kids, I’m not sure what else we need to write down. What do we need to do to get that agreement and file for an uncontested divorce here in Philly?

QUESTIONS

Do I need a prenuptial agreement to protect the property I already have?

I’m engaged and wondering if I need a prenuptial agreement. I have a 10 year old daughter from a prior relationship. I moved here from Maryland to be with my fiancé and we are getting married in LA. I’m told that California is a community property state and that everything we each own now and anything we purchase together while we are married becomes community property. I’m worried about losing half my assets if we divorce. I want to provide for my daughter and I don’t want the assets I own now to be divided with my fiancé, and my daughter to possibly lose out. Will a prenuptial agreement (does his SEO pick up ‘prenup’) protect my property and can my fiancé and I decide what we do and do not want to include in the community property?

QUESTIONS

How do I fight LA Child Protective Services charges of child abuse?

My son’s mother reported me for child abuse because when my son went back to her after being with me he had a black eye. He’s just learning to walk and he legit fell onto the edge of the fireplace and caught his eye. Now Child Protective Services (correct name for Calif.) is saying they want to come to my house and interview me but my family is telling me I should not talk to them without a lawyer. I have a security clearance for my job and if anything like a child abuse charge shows up on my record I could be fired. My ex is telling me that until this is ‘cleared up,’ I can’t see my son. Should I talk to the protective services people without a lawyer and what if they do charge me with abuse?