What are my legal rights?

Question

My ex wife and i have been divorced for 3 years. We never had any kind of custody or support arrangement.For five years i have paid her a generous amount every month not to mention extra money here and there when she "had a problem paying this bill or that ". I recently learned that she lied about having full custody from our childrens school records and she has verbally lied to me about this and there is nothing in our final divorce judgement about custody or support. Recently ive had some health problems and was a little late giving her money in october and she threatened to take my parental rights away from me. She always uses our kids to make demands and make me feel guilty.. i live in NC. I want to be civil and respectful of her parenting rights even though she acts this way.I would like to here all opinions on this matter.Thank you!

Answer 1

why dont you do the sensible thing and have these things outlined by the court instead of flying by the seat of your pants?

Answer 2

Chilly is correct. Only the court can terminate parental rights.

That being said, you have bigger issues here. First, there is a requirement in NC that custody be determined and listed in the petition for divorce. Therefore, you need to read your divorce decree.

Full custody means nothing. What you are looking for is Legal and residential custody.

You also may want to consult a local attorney to discuss with you the ramifications of RETROACTIVE support filing. This is the ability of one party when awarded custody to file for support from a time BEFORE the petition is filed.

There is no statute of limitations for commencing a child support action on behalf of a minor child so we would have to know the age of the child before this subject can be discussed. (Lenoir County ex rel. Cogdell v. Johnson, 46 N.C. App. 182, 264 S.E.2d 816 (1980).)

The three-year statute of limitations under this section applies with respect to claims for reimbursement for expenditures made by a custodial parent on behalf of a child prior to the date of filing of a claim for child support (that is, claims for “retroactive child support” or “prior maintenance”).

Laches may not be raised as a defense to claim for “prior maintenance” of a minor child. See Napowsa v. Langston, 95 N.C. App. 14, 381 S.E.2d 882 (1989).

Based on the facts of your post and my brief reading of the NC Statutes, My first advice would be to IMMEDIATELY file for custody (whether shared or not) and let the court determing the level of support. Then, pay ONLY that amount.

Once custody has been determined, take a copy of your order to the school and assert any rights you feel you have been denied.

At the present time NO ONE has legal custody of the child if not addresed in the divorce .

Answer 3

She has *no power* to take your legal rights away - that is for a judge to decide.

Assuming there is no child abuse involved:

Given what you have said here, it *will not* happen. If you go to court, you will end up with joint-custody.

If you are disabled and you have very little income, the judge will base your payments on that, starting at the base (minimum child support) for each child.

Make sure you find and save any check stubs. If you have none, go to the bank and get copies. If you paid in cash, the judge will have to determine how much he feels you reasonably paid, if any (again all this is dependent on state law).

Most importantly, *consult a lawyer*. If you can't afford one, there are non-profit organizations that can help you obtain one.

Answer 4

Number one she can not take your parental rights away because there is no order of support handed down by the court. As for the rest of it...seeing how there is no order of support or custody YOU have nothing to go on as far as your children's school records. I suggest the two of you go to court to get an order of support/custody or you're going to continue to have these problems.

Answer 5

first off she can't take your parental rights away from you unless you have had no contact with her or your child for a max of 6 months to a year...second since there is no custody arrangement to whom has full custody of the child /children on that you will have to talk to the judge that divorced you or consult a lawyer and find out the laws in your state...but usually the parent that put s the child in school and has medicaid on them and may be food stamps or any thing as far as state assistance usually is the custodial parent unless your state requires a judges john hand cock....i would consult a lawyer on that part though if i where you....

Answer 6

Be careful how much you give her in checks. Sounds like she is about to turn into the classic ex and may try to gouge you. http://www.peoples-law.org/family/divorce/Child%20Support/cal/MDCSC.html is the link to the Maryland child support calculator. The courts can base the amount on your ability to pay....that is why if you give her huge amounts sometimes you don't want this documented by the trail of a check....give cash if you want. This is a tricky and very unbalanced system....the judicial system. Also if she is working only part time or not in her usual profession and making less than she normally would...for future reference in case you need it....there is a voluntarily impoverished law that may save you that is based on her potential to earn income. Good luck.

Answer 7

Your ex is using you as much and often as she can -- why are you giving her extra money? Is she disabled? Maybe she doesn't budget well -- that's not your problem.

Hon, guilt is for criminals, and you're not one. She really has you buffalo'd doesn't she? If she makes threats, just take them with a grain of salt. Don't let her use you or "make you" feel anything!

Perhaps you could talk to a family law attorney about paying child support through the courts, and having a schedule of visitation put into place. This way she can't threaten you with anything, because she HAS TO abide by the schedule of visitation or else she is in contempt of court.

She sounds very spoiled and selfish.

You're welcome.

Answer 8

Call legal aid, custody and child support are not synonymous. And if no support/custody judgement ordered, neither are enforceable... Good Luck!!

Answer 9

the different responses pass over your situation, which basically approximately quite DOES have criminal backing. A nightclub won't refuse get right of entry to to somebody because of the fact they're aboriginal. although, they might refuse get right of entry to to somebody for any sort of alternative reasons--suggested in different responses. you may have a complicated time proving discrimination interior the unsightly events, unhappy to assert. yet, in case your chum desires to press the case, he or she can verify all different standards are met (gown code, sober, room interior the club, and so on...) and attempt lower back--with a video digital camera in a chum's hand. do no longer forget that this physique of innovations could additionally get your chum beat up--additionally unlawful, yet a factor of the combination.

Answer 10

well in the united states, no one seems to have any rights anymore, unless u are a woman, gay, or from another country or u are all three