Year: 2015

Am I able to use my husband’s infidelity against him in court?

Q: Am I able to use my husband’s infidelity against him in court? If so, how? Infidelity

A: Delaware is a no fault divorce state.  Our statute is clear that property shall be divided without regard to marital misconduct.  Generally, infidelity is a form of misconduct and the only benefit to filing under that ground is that you can finalize the divorce without waiting for six months of separation.

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

 

 

 

 

My ex pays child support, but does not visit the kids. Can I make him visit?

Q: My ex and I have been separated for about a year. He pays child support, but does not visit the kids. Can I make him visit?

A: There is no Court remedy for a parent who refuses to visit his children.  The Court can order visits but if the parent chooses to miss the visits there is nothing the Court can do.

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

If I file for divorce will I need to pay spousal support/alimony?

Q: I’ve been married to my wife for 16 years. She was a stay at home mom for most of our alimonymarriage. If I file for divorce will I need to pay spousal support/alimony for her? If so, for how long?

A: It is highly possible that wife may be awarded support/alimony for some period of time. She would have to prove that she is dependent upon husband for support. The time of the award would not exceed 8 years, which is half of the time the parties were married.

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

How is child support calculated?

How to calculate child support how to calculate child support

Q: How is child support calculated?

A: Delaware utilizes a predefined formula to calculate child support called the Melson Formula. Both the mother’s and father’s income as well as certain deductions (although not all) are taken into consideration in the formula. Once all entries are completed, the formula calculates a support obligation. The formula along with instructions can be found on the Family Court website.

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