Category: Ask Drew Thursday

What is the standard custody arrangement that the Court’s follow?

custody arrangement

Q: What is the standard custody arrangement that the Court’s follow?

A: There is no standard default. However, the Court analyzes what are called the best interest factors and applies them to the specifics of each case to determine the appropriate custodial arrangement.

If you want answers to your questions and/or concerns call 888-648-2929 to set up a consultation.

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My ex won’t pay his portion of the medical expenses.

medical expenses

Q: What can I do about my ex not paying his portion of any out of pocket medical expenses for the children he is ordered to pay?

A: You should file a petition for medical arrears. Keep in mind that there are time limits on how far back you can go to get reimbursement.

If you want answers to your questions and/or concerns call 888-648-2929 to set up a consultation.

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Can I waive child support?

child support

Can I waive child support?  

This is a common provision in many agreements relating to children.  However, in Delaware child support is deemed a parent’s duty of support to a child.  As a result, one parent cannot waive another parent’s duty.

If you want answers to your questions and/or concerns call 888-648-2929 to set up a consultation.

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Do I have to take a parenting class before my divorce will be granted?

Do I have to take a parenting class before my divorce will be granted? parenting class

Yes, the petitioner in a divorce proceeding in which there is at least one minor child under the age of 17 has six months to complete an approved parent education course otherwise the divorce petition will be dismissed.

If you want answers to your questions and/or concerns call 888-648-2929 to set up a consultation.

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What if my child’s mother is not working when child support is calculated?

Child Support Calculation: What if my child’s mother is not working when child support is calculated?  How is that addressed in the calculation?

If either party is not working at the time of the child support hearing, the Court will generally impute a reasonable income for that party into the calculation regardless of whether they are actually working or not.

If you want answers to your questions and/or concerns call 888-648-2929 to set up a consultation.

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Parenting Class Certification of Completion before I file my petition for divorce?

Parenting class and divorce petition parenting class and divorce petition

Q: Do I need to file my Parenting Class Certification of Completion before I file my petition for divorce?

A: No. You must file the certificate of completion within six months of the date of filing of the divorce petition.

If you want answers to your questions and/or concerns call 888-648-2929 to set up a consultation.

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Can I terminate his parental rights?

I am a single mom with a child.  I have not heard from my child’s father in over a year.  Can I parental rightsterminate his parental rights?

Although there are some exceptions, generally the Court will terminate the rights of one parent unless there is someone (i.e. a step parent) ready to accept those parent rights through a subsequent adoption.

If you want answers to your questions and/or concerns call 888-648-2929 to set up a consultation.

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If my ex owes back child support could he go to jail?

Child Support Debt child support debt

Q: If my ex owes back child support could he go to jail?

A: In Delaware, after someone has been found in contempt of Court three times for failure to pay child support they face the possibility of incarceration.

If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.

 

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