Me and my hubby have 2 kids together he was married before and had 2 kids with his ex wife. He pays child support but he fell behind when we were getting into our new house. All his tax return moneys go to his childsupport. The problems we have our that in may 3600.00 went to back child support and since he didnt pay for 6 weeks the froze his assetts and his bank account and can we fix this. And also he hasnt even seen his kids for 10 years they live like 20 miles away but his ex wife will not let him see them.He has a court order from his divorce of his visitation rights.We took her back to court last year and they made them do a mediation they exchanged numbers and addresses so they could do the visitation thing but shes not going by the court order and he has written her and called her and she will not contact him back.We live in the state of Florida and we do not know how to go about getting this taken care of or so he can even see his children
2006-07-12 03:51:38 · 17 answers · asked by Anonymous in Family & Relationships ➔ Family
First, please note that there is no legal connection between visitation and child support. However, a judge will not look kindly on the fact that your husband keeps falling behind on the child support. He needs to never, ever miss a payment. Never. There is no excuse, legally, for failing to pay.
Second, the advice you are getting to sue the wife, go back to court and have her held in contempt, or get the cops isn't bad advice. However, going back to court for anything will result in two things: one, the expenditure of more money and two, the mandatory work back with a mediator to resolve the problem. And there will always be the problem of proof that the ex-wife has made it impossible for him to see the kids.
Before you do either, I would suggest the third option is more immediately viable: his kids live 20 miles away. There is no excuse for his not seeing them - especially if there is a visitation order in place. Ten years is a long time to forego visits - and instituting them now is going to be rough on everyone concerned. The kids are used to him not being part of their lives ... it will be difficult to overcome that. (Just be forewarned.) Twenty miles. Let's get serious here - it's not like the distance was an obstacle to overcome. So now - if he wants to see his kids, go see them. Period. If he has to call before coming, then call before going over. If he calls and she says "no" tell her that is unacceptable as the court order says "yes" and then show up anyway. If he shows up and she refuses, then go get the cops, show them the visitation order, and take them with you to enforce the visitation rights. if you do all this first, then you'll be going back to court with proof.
In the meantime, don't let him fall behind in child support again.
2006-07-12 04:15:27 · answer #1 · answered by two 4 · 1⤊ 0⤋
Each state is different so it'd be hard to say what you can do.....In Texas if you have a court order the officers can remove the children from her home and leave them with the father or vice versa. At the same time you said he hasn't seen them in 10 yrs. Has he tried to go to their school events, has he been sending those little thinking of you cards plus all the holiday ones, has he called on a regular basis Every Friday at 7 (for example) Has he really tried to see his children vs. every once in awhile....If you can answer yes to all those questions why has it taken 10 years to take the appropriate (by law) action?? As for your money issue that's awholenother story which I can't even answer...You would have to speak to your child support office and your bank about that. GOOD LUCK!!
2006-07-12 04:35:23 · answer #2 · answered by Mary 3 · 0⤊ 0⤋
well i ahve a problem simular to that. my husband was married before me and had one child. he had himself put on childsupport. now his ex used to just leave the child with us months at a time......until she joiuned the army and she up and took him from us and filled child abuse charges on us the courts dismissed it however she still would not let us see him even though we paid childsupport every month on time and more that what the courts ordered. we have not seen him in over a year she took us back to court to terminate his rights and the court would not do it......they had to exchange number and address the number she gave was a pager number and she never returns the pages. she also moved again and never gave us the address so we pay support to the last known address and the payments nerver come back like she has her address forwarded. i know what u r going thru but there is nothing that we can do the world favors the woman............file contempt of court charges and most judges will change custody over but her needs to show proff of him paying support.
2006-07-12 04:09:04 · answer #3 · answered by poohbearmomma_1 2 · 0⤊ 0⤋
Was the tax return filed in his name only? Did you contribute to the family income? If you did have earned income - you can file what is called an "injured spouse" form with the IRS to have your portion of the return released to you.
I agree that you must get a lawyer ASAP to have her charged with contempt of court. If you can't afford one - look in the phone book or on line for the nearest legal aid clinic. The can help at next to no charge. Good luck!
2006-07-12 04:12:00 · answer #4 · answered by arkiemom 6 · 0⤊ 0⤋
You have to go back to court and have them issue an order of Contempt. Visitation and child support are seperate things.
You also need to make sure your husband meets his financial obligations to his ex, so you don't get your accounts frozen. If some of the tax return money is supposed to be yours, file an "Injured Spouse" form (get it from the IRS website) and get YOUR money back.
If he has to, bring police with him to pick up his kids.
Good luck to you
2006-07-12 04:01:52 · answer #5 · answered by voxwoman 3 · 0⤊ 0⤋
take her back to court. tell the judge that she's not abiding by the court order. He should get a lawyer specifically dealing with cases like yours. If you can't afford a lawyer, you could always find an organization who does these types of cases pro-bono. He should also try to get full custody of the kids too.
2006-07-12 04:01:39 · answer #6 · answered by karma 7 · 0⤊ 0⤋
I suggest you speak to a solicitor about this, if your husband is paying child support, even back dating it due to circumstances, he is entitled to see his child / ren, has he got any court order / visitation order? If so, surely she is in breech of that!! I'm sure if he stopped paying maintance, she would be in touch!! I live in England, so dont know if you have anything called the Citizens Advice Bureau, they offer free legal advice to everyone, and all you have to do is explain it to them. Am sure you have a pretty good case for all this, particularly if you have a visitation order already!!
2006-07-12 03:57:28 · answer #7 · answered by schmushe 6 · 0⤊ 0⤋
GET A LAWYER>> both his children and your husband has rights that are being violated... granted each state is different, but if his visitations are being violated AND he has not paid his share of support.. then both families have to get a professional to decide whats fair for all involved...
plus financially your family's assets need to be unfrozen quickly like a lawyer can help you with..so not to create more problems for more of your children's well being.. good luck..
2006-07-12 04:01:11 · answer #8 · answered by staciesweet 5 · 0⤊ 0⤋
Contact your lawyer, and file a motion against her. She is in contempt of court. Drag her back into court, or take a lawsuit out against her.
2006-07-12 03:57:21 · answer #9 · answered by Kat G 1 · 0⤊ 0⤋
I feel really bad for you. I say you need to sue her because no one can keep you from your own kids. He has all the right in he world to see his children and be apart of their lives. I hope everything works out for the best and you all can move on strong.
2006-07-12 04:03:40 · answer #10 · answered by Anonymous · 0⤊ 0⤋