My husband pays child support in NM & is current with his payments but still can't take his boys.?

Question

He would like to take his boys&hang out with them for the nite,weekend,holidays,school breaks.But she won't let him take them anywhere.The ex-wife said the only way we can take them is if we take her daughter who is from a ex-bf.He has help raise this child since she was a toddler she is know 13.She's never gone after this girls dad for child support and thinks my husband needs to take care of her daughter.Meanwhile, he has after all these years. We take her & buy her what she wants and give her money. Is there a way we can use all this this against her during the custody hearing.
Thanks for reading

Answer 1

all he has to do is file a motion for enforcement of his rights... and he will be given the boys. the mother can NOT deny his rights or she can get in big trouble.

as long as the court has not deemed him a threat or danger in some way to the children, he has that right.

i would file for it, no attorney needed (if you cant afford it). just call your county court clerk ( court house) and ask where to go to file and how to. its easy, they walk ya through it.



CHILD SUPPORT CALCULATORS
http://www.divorcelawinfo.com/calculators.htm
http://www.alllaw.com/calculators/childsupport/
http://www.helpyourselfdivorce.com/child-support-calculators.html


LAWS
http://www.divorcelawinfo.com/states.htm
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://family.findlaw.com/child-support/unpaid-support/support-orders-enforcement.html
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/laypersons.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html

STATS
http://www.childsupport-aces.org/acesstatistics.html

FINDING DEADBEATS
http://www.wantedposters.com/skiptrace.htm
http://find.intelius.com/search-name.php?ReportType=1&
http://www.discreetdata.com/index.html
http://www.identitycrawler.net/people_search.html
http://www.efindoutthetruth.com/
http://www.peoplefinders.com
http://zabasearch.com/

FED AGENCIES
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://www.naag.org/issues/issue-consumer.php

REGIONAL FEDERAL CHILD SUPPORT OFFICES
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.hhs.gov/programs/cse/fct/fct4.htm
http://www.divorcesource.com/WI/ARTICLES/beaulier11.html
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.dhhs.gov/programs/cse/newhire/index.html
http://www.acf.dhhs.gov/programs/cse/faq.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html
http://fatherhood.hhs.gov/pfs92/ch3.htm

SSI AND CHILD SUPPORT
http://www.ssa.gov/policy/docs/policybriefs/pb2004-02.html
http://www.ssa.gov/notices/supplemental-security-income/
http://family.findlaw.com/

FIND YOUR STATE REPS
http://www.usa.gov/
http://www.usa.gov/Agencies/State_and_Territories.shtml
http://www.nga.org
http://www.naag.org/attorneys_general.php

CHILD SUPPORT LIEN NETWORK
(some states work with them)
http://www.childsupportliens.com/

COLLECTORS
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://www.deadbeatdadfinders.com/
http://www.deadbeatdadfinders.com/links.html
http://www.childsupport-aces.org/index2.html
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml

TAX INFO
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html

http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.irs.gov/publications/p504/ar02.html#d0e563
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411

REPORT DEADBEATS
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices)
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

Answer 2

No. YOU did not father the children so YOU have no bearing in this case AT ALL. However, the longer he sets on his a$$, not working, and not paying child support, the closer HE comes to being arrested and jailed. Note that if SHE takes him to court, she will lose. In fact, since your husband is NOT working, the judge may actually reduce the amount of child support because of it. The flip side is that your husband MUST report to the court when he gets a new job -- even $8.00 and hour part time at Loew's Garden Center -- so the child support amount can be re-figured (raised). Therefore, it may be wise of YOU to pay SOMETHING towards his payment to keep him out of jail. At the end of the day, how much he owes YOU is between you and him. BUT, the judge will NOT take YOUR money. Doesn't matter WHO got married -- ONLY your husband had any input into fathering the children. So tell his ex to go suck a fart off a car seat! [I do not support separate accounts and separate married names. It shows a basic mistrust of the marital relationship, even from day one, and indicates a VERY GOOD possibility that THIS marriage will fail. BAD NEWS! However, in THIS case your decisions may have been wise . . . .] And, as always, CONSULT A LAWYER!!!!!

Answer 3

Before you get all huffy over this, look at it from the standpoint of the child. Your husband is the only father she's ever really known. He's been there as long as she can remember. Now, mom and dad are divorced but she's being rejected by dad because he's not her biological. Add to that a new wife who only see blood relationships, not relationships of the heart. Her mother is only trying to protect her little girl. Have a heart and understand that just because your husband didn't formally adopt this girl, doesn't mean that he didn't become her de facto father.

Answer 4

You can always try, you have nothing to lose. Your husband should have gotten visitation rights when custody and support was awarded to mom. He can sue her for violating the divorce decree for non visitation rights. To go for custody, youre going to have to prove her unfit which is not the easiest thing to do unless you have proof of child and/or drug/menatl abuse such as police or medical records. What youve stated above proves nothing except he an outstanding ex step father to the girl. But she cant use her daughter as a pawn for him to get his son. The most I see here you will get is to get the court to enforce the divorce decree and not much more. Sorry and good luck

Answer 5

I would simply make it clear for whom you seek visitation or custody - spell it out. We want the boys x number of days per whatever. However, we are not seeking custody, or visitation for her daughter from a previous relationship, nor do we want it.

Her daughter from a previous relationship is just that - her daughter. Your husband has no obligation beyond what he imposes on himself. I would encourage your husband to bring up his concerns, and get it put into the record that he has understood her to say that he can't have his sons unless he takes her daughter. The court will shut that one down real fast, I would think.

Answer 6

is there a parenting plan and visitation in place? If there is she cant withhold the kids from your husband, and it will show badly on her in the custody battle. If there is no parenting plan in place, unfortunatly she can do just about anything she wants even tho he has equal right to the kids. sorry to hear she is using the kids in such a negative way.

Answer 7

have you ever stopped to think that she is a b-i-t-c-h
just a damn b-i-t-c-h
yes you can use that
my parents got a divorce 2 years ago when i was 12
and my mom was a person who never let us go to see my father
and it also depends if your man wants custody or visitation
custody is 24 hour a day service to how ever many children he has got
but visitation is a time set aside to spend time with your husbands kids
it is also enforcable by law and if you are ever denied you can file contempt and have her @$$ thrown in jail
i hope this helps

Answer 8

You better!!! She is a piece of work... He needs to make sure he can see and have his sons on a regular basis. It would be nice if he takes the girl occasionally, since he is the only dad she knows and this mess isn't her fault.

Answer 9

yes take he is not responsible for someone elses kids and she is refusing to let him see his kids isn't right isn't there already a custody order if there is and he already has visitation she can be held in contempt

Answer 10

he should definetly file for joint custody and even though he raised her daughter he is not legally obligatd to do anything for her daughter.