My father is considering divorcing my step-mother (whom I love dearly) because her ex-husband wont stop taking them to court. Her ex is trying to get back child support from her and she doesn't have a job and they are very poor. Before they were married, her ex took them to court for "cohabitation", so they got married to keep him from trying that again. Now since my step-mother doesnt have a job her ex is trying to collect child support from her by taking property away from my dad. My dad is fed up with his wife's ex and him trying to take money away from my dad's two youg kids, so he's thinking of divorcing his new wife. I know the legal system is different from state to state and we live in Arkansas, so any help would be great thanks.
2007-11-13 05:14:33 · 5 answers · asked by Leann C 2 in Politics & Government ➔ Law & Ethics
Thank you nathan f and hexeliebe, I just wanted to add that my father works for an electrical contractor and my step-mother's ex just inhaireted (sp?) 1.5 million from family, so I don't think the money thing will faze him.
2007-11-13 05:55:10 · update #1
Your step-mother's ex is well within his rights to file any action he deems necessary to protect his rights as a father.
The latest situation regarding back child support is nothing new. It is your step-mother's responsibility to pay what the court ordered. It is the children's father's responsibility to make sure she does.
Before you think I'm callous and just don't understand, I am both an attorney and a Razorback and your step-mother is not meeting her court ordered obligations. Therefore, she has no legal leg to stand on.
The ONLY advice I can offer your father, short of divorce, is that he is not legally obligated to pay anything to her ex. So if he is, and that is why he is complaining about the ex taking money from his two young kids, then tell him to stop helping her.
The ex can't touch his income nor his assets. And, if he is depositing his paycheck into a joint account, he needs to cease immediately and open a back account in his name only.
By the way, the ex is not harrassing your father. Your father is interjecting himself into a situation that doesn't concern him and one in which he has no legal obligation to be in.
He and you should let your step-mother deal with this on her own.
EDITED BASED ON ADDITIONAL INFORMATION:
The fact that the ex inherited money is irrelevant. It MAY help in reducing your step-mother's obligation under any future child support order, but the arrears will remain as they are.
Child support is the responsibility of BOTH parents. But not your father's responsibility.
AND BY THE WAY:
If your step-mother takes nathan's advice without firm grounds in law for a countersuit, she not only can be ordered to pay her own attorney fees and court costs, but his as well and face frivilous lawsuit petitions from the ex and the court.
I have practiced for 35 years and I have yet to see a judge that takes such countersuits lightly.
2007-11-13 05:30:21 · answer #1 · answered by hexeliebe 6 · 3⤊ 0⤋
The best way to stop the ex from hasseling you is through his pocket book. Every time he brings a suit against her, she should counter sue for all expenses, court costs and legal fees. After he has paid for a few of his nuisince suits he will stop.
2007-11-13 13:27:45 · answer #2 · answered by nathan f 6 · 1⤊ 1⤋
There are public aid lawyers in every state. Find one and get some solid answers specific to your state and local laws!!!!!
2007-11-13 13:24:05 · answer #3 · answered by gigglings 7 · 1⤊ 0⤋
They will get much better help from a lawyer than from random answers to a very specific issue that does not have near enough information.
2007-11-13 13:20:41 · answer #4 · answered by davidmi711 7 · 2⤊ 1⤋
I would divorce her too.
2007-11-13 13:17:31 · answer #5 · answered by Anonymous · 1⤊ 1⤋