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My daughter just recently divorced her husband, actually he…

Customer Question
My daughter just recently...

My daughter just recently divorced her husband, actually he filed, he has not paid his child support and has not held up to his part of the contract, he is suppose to pay his part of his debts and is suppose to refinance the home they both shared and pay her half the equity and now he wants to file bankruptcy, she received a notice of eviction for January 7th,18, so now not only does she have that to worry about her credit is screwed because she has been trying not only to keep up with her bills but paying his so that it doesn't affect her,. What can she do, her lawyer is no help, what other options does she have

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Has anything been filed or reported?

She has contacted her lawyer and has been no help, I told her to go to the courthouse to see if maybe she can speak to a judge or magistrate, she also went to social services and was told they couldn't help her because of funds, I told her to go there on Thursday of last week thinking that they may be able to contact the court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, she wants to move home to Michigan with my two grandchildren what are the legal aspect for her or what can she do to gain custody,

Submitted: 7 months ago.Category: Family Law
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Answered in 1 minute by:
12/19/2017
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,332
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. So, generally, if there is a court order that requires him to pay child support, pay his part of the debts, and refinance the home, his failure to do so is going to be considered a violation of that court order. Your daughter may want to consider filing a motion for contempt to have the court order that he take those actions. He would have to show that there is some legitimate reason he has not kept up with his obligations or at least advised the court that he has kept up with the obligations. The final decision is up to the judge. IF there is no court order, then she should take him to court to get a court order regarding custody and what to do with the home.

What other questions did you have for me?

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