went on a rampage yesterday. She told him the night before that she needed to speak to him so he called her. She wanted to tell him that she was going to court to up his child support payments from $75 a week to whatever the court saw reasonble and that she was having her attorney file a notion for full custody of their son. I would understand all of this if my husband was a bad father! My husband loves his son dearly and yes he doesn't see him as much as he should but his ex-wife makes it so hard for him to. In the divorce decree he isn't allowed overnights and can take his son for day visits if his medical condition permits it, other than that if his son is sick then he must visit with him at the ex-wifes home which is SO not ok with me which is one reason he doesn't see him often that among the fact that we live 45 min. away. She won't let him take his son anywhere. What do they take into consideration when uping child support? and what are her chances of getting full custody?
2007-01-17 05:13:30 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
My husband makes a little over $2000 and is married of course and I have a daughter. So that is 2 other people he has to support. His ex-wife is engaged but won't get married because the Govt. will cut out their sons medicaid, lives with her parents and has NO job. We are struggling as it is to pay her the $75 a week...I can't imagine how things would be if they uped it!!! Also. my husband is really torn up over this.. I mean if they do up it, we will have to move and she also wants full custody of their son so he can't see him at all. This woman is horrible and has no reason to be doing any of this! She said she is upping it because their son is almost 5 (December) and WIC will stop helping then and she will put him in school and she will need to buy suplies and clothes for that. My husband offered to buy all that for him. She said NO.
2007-01-17 05:18:34 · update #1
Please give reasons for your answers.
2007-01-17 05:19:02 · update #2
Slandering was NOT asked for. I am his wife and we treat eachother equal and give eachother respect. My husband doesn't want certain things with my daughter father so everything is of equal feeling. I DO NOT keep my husband from his little boy and I do support his every move! Also, the court never dained anything. My husband was devistated at the time of the divorce that he just signed the divorce decree that his ex had drawn up. That is why he can't have overnights and such. She was allowing him overnights and outings up until the point that I came in the picture, now she basically holds their son hostage and then claims that my husband never comes to visit. If she didn't make it so dang hard to see him then my husband AND I (because he is my stepson) and my daughter would gladly visit him. If you have anything negative to say then save it for someone that cares. I do not need negative remarks, I AM ASKING FOR OPINIONS AND ADVICE!!
2007-01-17 05:42:12 · update #3
check your state laws on findlaw. she is wrong and so are you for interfering in his visitation. i know this won't get me best answer,but it is true. if you don't trust him you shouldn't be with him. if you do trust him why not let him see his son? she is being unreasonable. you need to contest anything his ex drew up. it was done on purpose to set a pattern of repeated missed visits. sadly you and him helped her do it. i'm being honest and gave you advice. it will be a nasty fight,be prepared for all sorts of dirty tricks. tell him to never be alone,always have a witness.
2007-01-17 05:21:10 · answer #1 · answered by J Q Public 6 · 2⤊ 1⤋
Well her chances of getting full custody is slim to none. As far as support goes the courts won't take into account you or his daughter in most states. It is usually tottaly dependant on his income, state of residence and percentage granted by the court. One of the questions to ask yourself is if he has had a raise sinse the last child support arrangement. If so the ex may get an increse if not she likely does not stand a chance. If i were him I would between now and the court date go to see my son on ALL visitation days allowed by the court and if the visitation is denyed by the mother he needs to call the police and get a report then file a contempt after three she can be put in jail or have to pay a fine. Be sure she knows you have these contempts and she will feel threatened and may back of the law suit, if not however its still good evidence in court. That is something you are going to have to suck up or else your husband may get screwed in this matter. I know what kind of boat your in we pay 300 a month child support off of 1500 a month income and im pregnant. Who knows how we will make it? Child support is a pain in the *** and everyone knows it but Best of luck!
2007-01-17 05:51:08 · answer #2 · answered by J&A 3 · 1⤊ 0⤋
You are not over reacting.. Although he has financial responsibility for his kids, it should remain just that. Of course the ex wife would probably want to have him back but talk to him frankly and tell him that you don't like it. Honesty is the best policy. If he truly cares for you, he wouldn't want to hurt you by communicating with his ex wife other than financial matters. Do you have an ex husband too? If you do, ask him how he would feel if you are doing the same thing?
2016-05-24 00:27:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You'll get the best answers to your questions from a lawyer. Since it seems the child is with her now she will probably get full custody, but not knowing all I'm just questioning the visits he's allowed with his child. We get my husbands children every other weekends plus all holidays and half the summer. So that would be something I'd want to have changed since it sounds like the visits are only being left up to the mother instead of court ordered. good luck ;o) child support is usually based on both parents income.
2007-01-17 05:26:06 · answer #4 · answered by ? 5 · 3⤊ 0⤋
It sounds to me like your husband's ex wife is the one who is already taking care of the son, so what difference does it make if she gets full custody? She's the one raising the boy, so if she feels she needs more money, then I don't blame her for seeking more financial support. Maybe when they go to court over that issue, your husband could petition the court to allow him overnight visits. There must be a good reason why the court thought he shouldn't get him overnight. And as far as visiting his son at the ex-wife's house, you are just plain wrong! If he were such a great dad, then there would be nothing that could keep him from visiting his son, regardless of the location. And if you were a good wife, then you wouldn't want to keep him from visiting his son. He was a father to that little boy before he was your husband. There is no excuse for him to not visit his son. 45 minutes is NOT that far away!
2007-01-17 05:31:53 · answer #5 · answered by rshegv 2 · 1⤊ 2⤋
It's good for the son to stay on Medicaid -- if he doesn't, then your husband will become liable for paying half his medical.
States generally add the two parental incomes together and then pro-rate the support based on who makes the most.
Your role? You married someone with a disabled child. You need to support your spouse and keep your mouth shut. The child comes first. Even if your husband doesn't say so, he believes his son comes ahead of you.
Who cares if she gets full custody? He doesn't lose visitation rights or anything if she has custody.
You need to be supportive of your spouse and his needs in this situation. Does he want to see his son more? Maybe you guys will have to move closer. It's not fair, but child battles are never fair. Believe me in 10 years, the son will be smart enough to understsand and appreciate who was fair. He will love you for helping his father love him.
2007-01-17 05:25:23 · answer #6 · answered by hawkthree 6 · 3⤊ 1⤋
In order for your husband to get a fair shake in all of this,he must get a lawyer.It is expensive i know,but if the wife has a lawyer,your husband doesn't stand a chance without one.
Make sure to bring up that if the child will be starting school,then there is no reason the ex wife can't get at least a part time job.Working part time should no effect her medicaid for the child.
2007-01-17 06:08:36 · answer #7 · answered by mizzjerry 3 · 1⤊ 0⤋
she wont get anymore, and full custody will not happen, the court absolutely positively will not sperate a child from biological parent, wont happen, undersevere circumstances, it doesnt even happen, the judge will tell that cow to get a job, since the kid is going to be in school, i would point out the fact that shes got enough money to take up this bogus case, but cant afford the kid, dont worry, you are fine, if husband is friend with boss, try and get a little pay under the table, the asshole wont be able to get nothing from him, and bring it up to the judge that she witholds the kid, this pisses the court off beyond anything else, you will be fine, make it hard as hell on her!!
2007-01-17 05:44:18 · answer #8 · answered by waterboy 4 · 2⤊ 0⤋
FIRST OFF. IT SEEMS THAT YOU'RE THE ONE WITH ALL THE PROBLEMS. YOU SHOULD MIND YOUR BUSINESS WHEN IT COMES TO HIM HIS SON AND HIS EX WIFE. YOU OBVIOUSLY ARE A JEALOUS PERSON.
YOUR HUSBAND HAS NO BACK BONE IF HE ALLOWS YOU TO DICTATE HIS TIME WITH HIS SON. THE COURT WILL GIVE HER CHILD SUPPORT ACCORDING TO HIS INCOME. THEIR IS NOTHING YOU CAN DO ABOUT THAT. THE AMOUNT IS MANDATED AND IS ACCORDING TO HIS INCOME. HE WILL PROBABLY NOT GET CUSTODY DUE TO THE FACT THAT HE DOESN'T SPEND ENOUGH TIME WITH HIM AND LIKE YOU SAID THE CHILD IS SICK SO THAT WILL ALSO BE TAKEN INTO CONSIDERATION. HOW THE HELL DO YOU SIGN A DIVORCE DECREE THAT DOES NOT ALLOW YOU TO SPEND NIGHTS WITH YOUR CHILDREN. WHAT WAS HE THINKING. THE BOTTOM LINE IS THAT THEIR IS A THREAT TO TAKE MORE MONEY NOW EVERYONE WANTS TO PLAY THE PARENT. PLEASE I AM DIVORCED WITH 2 CHILDREN MY SON IS ASTHMATIC AND I FOUGHT TOOTH AND NAIL IN ORDER TO BE WITH MY KIDS. I PAY ALMOST 11K IN SUPPORT AND I SEE MY CHILDREN WEEKLY THEY SPEND THEIR SUMMERS WITH ME, ALL VACATIONS ARE WITH ME AND THEIR MOTHER IS A PAIN IN THE AZZ. BUT I NEVER LET ANY BODY OR ANYTHING DICTATE TO ME HOW OR WHEN I WOULD SEE MY KIDS. I WENT AS FAR AS GETTING AN INJUNCTION AGAINST HER TO KEEP HER FROM MOVING WITH MY KIDS. IF YOU WANT IT YOU GET IT. ANYTHING ELSE IS AN EXCUSE. STAY OUT OF HIS RELATIONSHIP WITH HIS KID, THINGS MIGHT GO SMOOTHER. HE SHOULD BE POSTING THIS NOT YOU.
HOW FAR DO YOU THINK 75$ PER WEEK TAKES YOU. ESPECIALLY WITH A SICK KID.
2007-01-17 05:34:36 · answer #9 · answered by strike_eagle29 6 · 1⤊ 2⤋
When you go to court, ask for the ENTIRE situation to be reevaluated (this is usually allowed every 3 years). This way both parties get to tell their side of the story, request what they think is a fair compromise, and then the court will decide what they think is best.
2007-01-17 05:31:28 · answer #10 · answered by missyhardt 4 · 2⤊ 0⤋