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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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18 months ago my wife was pregnant and we were separated with

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18 months ago my wife was pregnant and we were separated with intent to divorce. Since she was due in two months and claimed she was unable to work, the judge ordered me to pay the house note, water, electricity, insurance, car insurance and phone bill and $300 per month. I was making $38K in military pay. We had been married 5 years and she had two other children from previous marriages with no support as the father's both live in Brazil. I have not adopted the children from previously relationships. After she had the child, we attempted reconciliation but never went back to court to dismiss the above described order. 18 months later, we are again separated. Is the above order still in effect?
DearCustomer- I understand the situation and unfortunately, any court order that is issued without an expiration date remains in effect until it is terminated. So you are going to first have to have the current order amended to reflect the changes since it was issued and, I assume, include this as part of your petition for divorce. You are not responsible for the other children but will have the duty for child support for the child born of the marriage, separated or not. Child support is based on the respective incomes of the parties so you would have to use your current income as the basis for the new support order. I doubt there would be a significant amount of alimony or spousal support for a relatively short term marriage so the child support should be your only long term obligation. If your attorney is neglecting your case you can ask for a refund of your retainer and file a written complaint with the Bar Association. I have included their website below for your convenience.
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