A question about child support and divorces...?

Question

Our 3 children have lived with me (the father) for a year and a half, and there was a child support oreder put in by my state, wisconsin, their mother lived in Az and now Oregon. She is now paying child suppot AFTER a civil warrant in Wisconsin was issued for failure to pay after a year. I have filed divorce but havent been able to serve her yet, and sfiled before but was dismissed because i couldnt serve her. Does a divorce with children have to go through the state the children live in and have an active child support case through or can it go through either state? Im just worried at this point if she files there and serves me before i can find her and serve her about losing the children to her. she has a record for drugs and theft and dissapeared from the kids for the past 6 months or so with no calls. Im just worried that theyll wind up going back to her because shes the mother. I cant afford an attorney right now (or to have the divorce papers published to serve her).

Because i work and go to school full time and take care of the kids on my own

Answer 1

Ah, this sounds so familiar. I am the stepmom in a similar situation. My Husband and I have custody of his two children and his ex also pulled the disappearing mommy act. We had a lawyer (not cause we could afford one by any means--we're still paying for it) but in WV this is what happens. You file and if they can't find her to serve her papers then they list it in the newspaper (in the same place they list the marriages and divorces and land transfers and such) and from the time it issues she has 30 days to respond or it can go to court without her presence. I am sure there are similar laws in your state. If you can't afford a lawyer check into seeing if there are legal advocate agencies nearby. Often times they are backed up with cases but they might be able to guide you enough to take your case to court "pro se" or without an attorney. Good luck!

Answer 2

Why can't you have her served divorce papers? It's not rocket science. You can either have the Sherriff's dept. where she lives serve her for a nominal fee (usually $15-25) or you can get the paperwork from the court for a friend to fill out as a "seperate agent" who has nothing to do with the divorce, to MAIL the papers, registered return receipt, to them.
As far as your divorce, well you're just going to have to put your schooling on the back burner until you can get everything settled, that is IF you want to continue with custody of your children because you're going to need a lawyer.

Answer 3

Doesn't your state have (irreconcilable differences) In Nev. there is no fighting over this filing. You can run an ad in the paper of the town she was last in, if she doesn't respond , you don't need to serve her at least in our state.

Answer 4

First you will would desire to make certain what's the actual custody. It actual custody 50/50 or is it eighty/20? The extra proportion time one parent has with the youngster, then the different parent will pay the youngster help.

Answer 5

Sorry, but you HAVE to afford an attorney, so put school on the back burner.

Answer 6

Some lawyers will give you free consult...SOme resources for Wis.:

http://fatherhood.about.com/gi/dynamic/offsite.htm?zi=1/XJ/Ya&sdn=fatherhood&cdn=parenting&tm=10&gps=50_173_1276_560&f=20&su=p284.8.150.ip_&tt=14&bt=0&bts=0&zu=http%3A//www.dwd.state.wi.us/bcs/

http://fatherhood.about.com/gi/dynamic/offsite.htm?zi=1/XJ/Ya&sdn=fatherhood&cdn=parenting&tm=61&gps=100_101_1276_560&f=20&su=p284.8.150.ip_&tt=14&bt=0&bts=0&zu=http%3A//www.nvo.com/beaulier/fathersrightscenter/

http://fatherhood.about.com/gi/dynamic/offsite.htm?zi=1/XJ/Ya&sdn=fatherhood&cdn=parenting&tm=138&gps=170_241_1276_560&f=20&su=p284.8.150.ip_&tt=14&bt=0&bts=0&zu=http%3A//www.wisconsinfathers.org/