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21
Dear Socrateaser / RE: Spousal Maintenance vs 13th Amendment
« Last post by cparke on Aug 07, 2018, 11:52:42 AM »
Nevertheless, courts refuse to touch this political hot potato, and I see no sign of this changing anytime soon.

Why, you may ask? The answer is simple -- because women represent one half of the electorate, they are the predominate benficiaries of spousal support, and invalidating this particular public policy would cause a very large number of judges and legislators to lose their jobs.
Can't agree you with there.  Legislative action, absolutely, forget about it!  The Judiciary, however, is considered the least political branch of government.  Federal judges in particular hold lifetime tenure under the constitution to ensure they do not act politically.  Judicial decisions are expected to represent careful analysis of the law and facts, not popular opinion!

However, I feel any constitutional claim on alimony has to be more broad and attack the entire marital status scheme as analogous to slavery.  The 'ball-and-chain' has been a joke since the beginning of time!  Legal marriage today is something that the parties may freely and voluntarily enter into without even a contract, but they cannot terminate except upon court action after proving grounds (mostly obsolete at this point with no fault provisions, but still ...) and being ordered to distribute property and pay alimony.  Freedom and economic independence from another person is not something that someone should need to sue for or purchase, that became a constitutional guarantee with the 13th and 14th amendment.  The 13th amendment protection is often applied today to prohibiting sex trafficking, further evidence that the amendment is not limited to its original intent of freeing the black slaves from forced physical labor without compensation.

Why have the courts never addressed this interpretation before?  I don't think it is because the courts are avoiding it as a hot potato, but rather no one has brought a proper case with this pleading before, and been willing to appeal it all the way the U.S. Supreme Court.  That would cost more money than it's worth to the parties, in most cases!  Looking for a precedent, I don't think you'll find much of any, maybe it's the fact no lawyers wants to make a name for himself by taking on this topic as a hot potato?  For example, sex discrimination in alimony award statutes was struck down by the U.S. Supreme Court in Ore v. Ore (1979), but that's as far as the constitutional claims of the parties went in that case.  No fault divorce has actually come to be in every state by legislative action rather than by court action.  However, the issue of alimony as a form of compensation or loss/damages to the lower wage earner for terminating the marriage still needs to be addressed, and the legislatures are passing alimony guidelines that are in some cases not even consistent with judicial precedents, offering perhaps a new opportunity to take on this elephant still in the room ...
22
General Issues / Re: Divorce Temporary Orders
« Last post by ocean on Jul 15, 2018, 05:26:59 PM »
Some states you can get a legal separation on paper through the courts and if you agree you can both go to a lawyer and have it written up. Custody of kids(joint?), visitation schedule, holiday and vacation schedule, joint accounts need to be closed and split, all debts need to be dealt with, and child support order put into place. If you can agree to all the above great, but yes you both should go to a free one hour consult with your own lawyer to make sure you are both protected.
23
General Issues / Re: Divorce Temporary Orders
« Last post by Waylon on Jul 10, 2018, 12:15:53 PM »
Regardless of any other other factors, we always recommend that both parents retain legal counsel. Unless you both agree on everything and are willing to put it on paper, get an attorney.


You'll need a parenting plan to submit to the court, and there are several available on this site: http://deltabravo.net/cms/search.php?q=parenting+plan&s=Search&r=0



24
General Issues / Divorce Temporary Orders
« Last post by Dasi on Jul 09, 2018, 08:13:00 PM »
For 9-years of marriage, I guess it is not that simple enough to have been finished in this kind of situation but for all or nothing we discussed it deeply enough. And for the average, we knew all the consequences and dilemmas that we possibly encounter on the future aspects.

Basically, I was the one who stays in our living house along with our 2 kids. In terms of daily needs like financial, food, and most of all is the shelter for the children.

Once a couple is going to file for a divorce or going to separate, they must settle a lot of issues, yes I barely know this but what keeps on my mind is the main point which is on how can I acquire a temporary order and if so what are the possible factors upon it.

Best appreciation for any comments and ideas.
25
Shrink Rap / Visitation for father
« Last post by Cece7 on Jun 22, 2018, 02:23:48 PM »
Your friend will need an attorney.  We had a MI case...Grand Rapids area...Jim Kraayeveld is an excellent attorney.  With his help we set court precedence making it easier for all fathers in MI to get custody of their children!
26
Pennsylvania State Forum / Using PFA to many plate custody
« Last post by auntkelly2011 on Jun 02, 2018, 07:10:17 PM »
I am posting this for my friend Tim. About a year and a half to 2 years ago he and his wife split up, she immediately filed for a PFA putting him into the county jail, then into court ordered rehabilitation regarding his alleged alcohol use. At that time he did not truly know his right's nor did he have access to a decent lawyer, thus he just complied with the order, and is now at the end of completing the court ordered rehab program. The child has been able to see him when he was given a day pass to visit his mother, which was the mutually agreed upon verbal arrangement mediated by his mother who's tried to remain as neutral as possible. So, for the past year at the minimum, he has seen his son at his mothers, and the only contact with his ex wife was whatevery verbally relayed through his mom. Recently, the ex wife, WITHOUT provocation decided to request an extension of the PFA and modification denying him any visitation with his son. As far as we are aware his mother knew nothing about this.....and as of right now the PFA will be extended with said modification if he does not respond. The only thing we can theorize that may have caused the ex wife to do this would be his mother telling her (without him knowing) that I have given him all of the necessary form's and paperwork to file for divorce and for custody. (Separate filings) There was no other provocation,  thus would it be fair to state that she is manipulating the courts and PFA to suit her CUSTODY desires if she has no tangible evidence to sumbit?
Common sense and other Intel do point to the ex wife's continued  (she used while they were married) drug abuse, hence the manipulation of the courts to avoid her paying any fees associated with an actual custody and divorce procceding. It is also of note that she repeatedly denies him visits with his son unless her demands for money (of course through his mom) are met FIRST. I don't want to think his own mother is in kahoots with her, but honestly that's not the issue at hand, it just seems to be logical that if she is still using, and is in the wrong for using the PFA to try to keep him at her arms length. With her demands for money and PFA extension it all seems to be an attempt to manipulate using the PFA to keep him away, legally, yet shes still allowing the visits through his somewhat naieve mom.....any advice?
27
Use your right to remain silent and don't say anything until you a) speak with a family law attorney and b) get the paternity test results back.

Some of these pages may help, so read all you can:

http://deltabravo.net/cms/search.php?q=paternity&s=Search&r=0



Hello,

Living in Maryland.

I am a male, and I was recently sued by my ex female girlfriend "Amended complaint for custody, child support, and other relief".
I have filed the first part, declaring that I was not sure about the child father. I could be the father, I maybe not. I have requested the court to provide a DNA test to determine paternity.

Now I am looking at 30 discovery questions, however I don't want to provide any information until the DNS tests confirms the paternity.

I have 30 days to turn in the discovery questions. Can I reply to those questions, that I am not providing requested information until the DNA tests confirms paternity?

Otherwise, what would you suggest?

It seems unreasonable for me to provide private and financial information without knowing for sure if I am the biological father. (I haven't sign any papers about the paternity of the child).
28
Visitation Issues / Police Escort out of Graduation
« Last post by Britt on May 23, 2018, 03:49:47 PM »
I was escorted out of my daughter's graduation ceremony by the school security and police in front of everyone with absolutely NO legal basis to do so.  My daughter's father and stepmother had a chat with someone and they all came over and kicked out my whole family, including two children who were crying over the trauma.  They threatened to take me to jail and file criminal trespass on all of us.  This was all about getting revenge on me, since he knew I would be there and didn't say a word about it till graduation.  I flew in for this and instead of seeing her graduation, I was in the parking lot trying to console my son.  It was horrible.  Just sharing my experience and hope it never happens to any one of you.
29
When is the dna test? Who is requesting info in 30 days? Do you have a court date?
Fill out the paperwork and bring it to court in a folder. Leave it there until the judge asks for it and then you can say you will give info about your financials as soon as test comes back positive you are the father. That you are willing to support child if child is yours. If her lawyer is asking for it, ignore and follow above.....Most child support courts ask you to bring a notorized paper about salary and money but many times they do not ask for it until the end to decide child support amounts.

At the same time, you should file for temporary joint custody in the event you are the father or at the very least have that paperwork ready to go and when you find out you can file it to be added to case.
Good luck! (not a lawyer, just years of experience in family court).
30
Hello,

Living in Maryland.

I am a male, and I was recently sued by my ex female girlfriend "Amended complaint for custody, child support, and other relief".
I have filed the first part, declaring that I was not sure about the child father. I could be the father, I maybe not. I have requested the court to provide a DNA test to determine paternity.

Now I am looking at 30 discovery questions, however I don't want to provide any information until the DNS tests confirms the paternity.

I have 30 days to turn in the discovery questions. Can I reply to those questions, that I am not providing requested information until the DNA tests confirms paternity?

Otherwise, what would you suggest?

It seems unreasonable for me to provide private and financial information without knowing for sure if I am the biological father. (I haven't sign any papers about the paternity of the child).
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