Legal Question in Family Law in Arkansas

Re: Deadbeat DAd

While I am not licensed in Arkansas, but only in Tennessee, I have some doubts about the insistance of Barbara Johnson's advice that you MUST file Motion with the Court to get relief.

In Tennessee and in most states you could prepare and submit to the court and Agreed Order in which you and the ex would simply set out that you had been living together for X years and that you had been contributing and were continutinuing to contribute to household expenses to providing for the children in excess of the court ordered level of support and that so long as you two remained in the same household you would have no requirement to pay child support beyond contributing to the household expenses, and including language that you presently had no arrearage.

*IF* the judge signs that and it is entered, that does it..... but I would still encourage you to have an attorney prepare it.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601

Re: Deadbeat DAd

You must go to court and move for a modification

of the child and/or spousal support order

arrived at by the divorce agreement or court

order.

I assume that because you and your ex-wife

have been living together for the past six years,

she will assent to the motion -- that is not

oppose the motion.

You MUST MUST MUST move for this, because should

your wife change her mind about the agreement

you have, you could be found in contempt of a

court order. The court can add interest to the arrearages.

Do not risk this. Get the modification of the

support order while you and your wife are still

friends . . . which -- from the sound of your

email -- might be for some time. So she should

not object to you removing the risk you are taking by not

going for the modification.

Consult a local atty. They won't bite. After

all your looking for free advice from attorneys

now. Don't be hypocritical. They're good if

they're free, and bad if they seek fees for services.

What if they havce sick spouses.

In either case, not seeing one may be penny wise and

dollar foolish.

Barbara C. Johnson

Law Office of Barbara C. Johnson

6 Appletree Lane

Re: Deadbeat DAd

You are concerned, or else you would not have taken the time to post your question. Assuming you are referring to your ex-wife in the sentence "She became very ill...", your ex-wife is not your concern, and it is confusing to understand how there were "no other alternatives". Living with someone who is not your spouse opens a number of problem areas. You do not say how ill your ex-wife is, or if she is terminally ill. You do not mention how your daughter will pay for college. What did your divorce agreement say about support? alimony? college for your daughter?

I cannot give you legal advice, because I am not licensed in your state. You seem convinced that you do not need a lawyer. You are mistaken.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street, Taunton, MA