What are a fathers rights during a divorce? 15 Answers as of May 11, 2011

My sons wife is threatening divorce but hasnt served papers. She wants him to give her everything and pay child support of 700 per month. She is working full time as is my son and makes almost as much as he does.

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Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Your son needs to hire an attorney immediately. As for child support, if they are making the same amount of money, he will more than likely be ordered to pay the IL state statute amount of 20% of his income to the child for child support. Again, he needs to hire an attorney to protect his rights as a father. We offer 30 min. free consultations at our law firm, call us today.
Answer Applies to: Illinois
Replied: 5/11/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Child support is set by Rule 32 guidelines. He could likely google Alabama child support guidelines to find out what he total due would be after plugging in their income, health insurance and daycare, if any. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Certainly courts can decide custody issues based on a best interests of the child standard. Property and debts are divided equitably, which means as a court deems to be fair. Child support is based on statutory guidelines after custody and parenting schedules have been decided.
Answer Applies to: Minnesota
Replied: 5/3/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Child support is based on the payer's income and the payee's income has nothing to do with it. As for the amount of support that is set by guideline and the guideline is 20% of net resources. Net resources is defined as gross income from all sources less singe w/1 withholding for tax purposes, less the cost of insurance attributable to the child, and deductions for some work related expenses like union dues, professional licensure fees, uniforms, etc. Now, when you ask about rights, that covers a whole lot of territory. First, he does not have to move out of the house and he does not have to let the child go with or stay with Mom. He is a parent and until a Court decides who has primary custody, it is up in the air and both parties have.
Answer Applies to: Texas
Replied: 5/3/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Fathers have the right to be involved in parenting and that includes time with the child. The details of such involvement must either be worked out by mutual agreement of the parents or a court will establish a plan that is, in the court's opinion, in the best interest of the child. There is no single, magic formula for what is best for a child - each case has to be decided on its own facts. If the parents' incomes are about equal, the amount of time the child spends in each home will have significant influence on the amount of child support one parent might have to pay the other. Just because the wife "wants" $700/mo in child support doesn't mean that is what she will get if you son doesn't agree to that much. Colorado has statutory Guidelines, based on each parent's income and the amount of time the child spends with each parent. Court rarely deviate from what those Guidelines require.
Answer Applies to: Colorado
Replied: 5/3/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Your son needs some advice from a divorce attorney. This is serious. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/3/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    Your son should see a divorce lawyer as soon as possible to go over finances, review the marital property and debts, discuss custody options and various parenting plans, and review the Uniform Child Support Guidelines. Only after a thorough review of all of the facts and circumstances can an attorney give him advice on whether a particular settlement is in his best interests. He should not agree to anything without advice from legal counsel.
    Answer Applies to: Georgia
    Replied: 5/3/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Your son has every right that your daughter-in-law does. He should push for week on-week off custody (that is, 50/50) of their child. He should demand half of all of their possessions, money and property accumulated during marriage. He needs to consult with an experienced Family Law Attorney.
    Answer Applies to: California
    Replied: 5/2/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    He has custody rights and child support will be payable in accordance with the Child Support Guidelines. We have a free initial consultation if your son wishes to discuss in further detail.
    Answer Applies to: Connecticut
    Replied: 5/2/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Child support is an arithmetic calculation of a percentage of both parent's income. If only one child, it's 17% of the combined gross income. If that works out to $700./month, then that's what it is, but if it doesn't then, it doesn't.
    Answer Applies to: New York
    Replied: 5/2/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    A father's rights are exactly the same as the mother's rights. There is NO difference. Child support will calculated using many factors so there is no way to determine if $700.00 per month is accurate. The best way to understand you son's rights, is to have him come to my office, or telephone me IF HE IS SEEKING TO HIRE LEGAL COUNSEL FOR HIS CASE.
    Answer Applies to: California
    Replied: 5/1/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The same rights as the Mother's. Gender doesn't matter in Washington divorce law. If he's not the primary caretaker, he'll pay child support. That's set according to a formula that's based on their combined incomes.They are both entitled to a fair and equitable division oftheir assets and debts. If her financial future is similar to his, probably they will divide their assets and debts closer to 50/50 than "she gets everything."He needs to see a divorce lawyer soon. Havehim consider the collaborative process to resolve his differences with his wife. See www.collaborativepractice.com. It's generally cheaper, less stressful and a better way to get divorced. Good luck.
    Answer Applies to: Washington
    Replied: 5/1/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    His rights are the same as the mother. In California, in the absence of other factors, the legislature feels that it is in the best interests of the child to have equal contact with both parents. Remember, the issue isn't what is best for either parent. Rather, it is what is best for the child. If you are in my area and are looking for an attorney for your son, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/2/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, for property distribution, both spouses are entitled to an equitable division of assets. Also, both parents are given parenting time in accordance with what is in the best interest of the children. With regard to child support, Massachusetts has child support guidelines to establish the amount of support paid by either spouse. The guideline formula takes into account the income of both parents to determine an amount.
    Answer Applies to: Massachusetts
    Replied: 5/2/2011
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