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 child support question |
| Child Support |
| I was recently laid off from my job and decided to take my spouse back to court to have the payments I make reduced. During the time it took to get a court date I got a job making more money than I made when we had the original support order. My question is Should I cancel this new appointment or am I going to screw myself ? My ex-wife is currently making less than she was before at her new job,
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| Seeking Sole Custody |
| Child Custody & Visitation |
What is the name of your state (only U.S. law)? PA
My son was abused by his father in May 09 during a weekend visit resulting in a ruptured eardrum and other minor injuries. I immediately filed for and was granted emergency custody. I currently have temporary sole physical and legal custody until an upcoming custody trial in Dec. I entered an agreement to let my son see his father every other Sunday at the court nursery (supervised) for 2 hrs until the trial.
I currently have a letter from DHS stating that my son was indeed found to have been abused and the status of my case is "Indicated". I am also awaiting information from the DA, our special victims unit detective submitted our case to the DA seeking that his father be charged with aggravated assault. (this is taking forever, it's been two months and the DA JUST got the case.)
At this trial I am seeking sole physical and legal custody, with supervised visitation. I have no idea what his intentions are at this trial. I am wondering how likely it is that he will be granted unsupervised visits? Also, how likely will I be granted sole physical and legal custody? The arrangements prior to the abuse were every other weekend with his father (he rarely spent time with him before, he would just pick him up and drop him off at his mother's house, and had no interest whatsoever in his schooling/health etc.)
Any advice would be awesome, if further info is needed, I can provide. Thank you!
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| Divorced - refuse to split. |
| Divorce, Separation & Annulment |
Hello freeadvice, im new to the forum and need desparate help for my mother.
My parents havent gotten along for 2 years, before my mom finally decided to go buy a house and moved out winter 07'.
They had a bank account together but my dad withdrew everything out before her knowlege and before the divorce happened.
They finally did the divorce late 08'
Now that they live in separate houses, legally divorced, they came to an agreement to sell the house that HE is livin in. Which is under both their names.
They agreed to sell the house, realtor is involve, we have a serious buyer now. The soon to be new owners want to move in at the end of aug, but HE need time to move, and wants to stay til the end of OCT. So they counter his offer and willin to give him til sept 15th. But my dad refuse to move out that early.
In this hard economic times its hard to find a buyer, and the house has been up for months now and finally have a serious buyer.
I offered to help him move what ever he needs to get out, Which is NOT much at all. A couch, a TV, stereo equip, tables, and kitchen appliance, and some tools, We took everything else when My mom moved.
So pretty much its a one day project EASY.
His mother lives in Cali which is where he said hes goin.
So what im askin you is.. we agreed to sell the house, but hes givin the realtor, and buyer a hard time about when HE WANTS to leave the property.
Is there anything a lawyer can do to get him to go?
IS there anything a Lawyer can do about the money that was taken from the bank?
He is just givin my mom a hard time, withdrawing the money from the bank, and pretty much refusing to sell the house, So he can stay there.
My mother is so stressed out about it and her emotions are thru the roof. Im tryin my to help out, and need ideas of what to do. thanks crew!
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| Question about combining motions |
| Child Custody & Visitation |
BF was awarded custody of his son in March of 07. We moved to PA in Sept 07 (with permission from the courts). Mom of son moved to GA in Dec 07 (I think, a little fuzzy on that date). Mom never changed her address with the courts.
Mom has not exercised visitation or kept constant phone contact since she moved. Order was written so that she had to contact son, so that she couldn't say that bf was not calling her to establish contact - judge made this determination since mother had moved over 26 times in 4 years with son, one of the reasons for her losing cusotdy. He hasn't heard from her since before Easter and before that it was July of the previous year. We have kept the same number from FL and have not changed it to a PA number. Mother has both father’s number and my number, neither number has changed, email addresses have stayed the same also.
Although a separate issue, it ties into a later question - Mother has a warrant out for failing to complete a parenting class during her divorce of her second child's father (that father has custody of that son also, he has a no contact order in place on that order).
Father (BF) is filing contempt on non-payment of child support. Mother's driver's license was suspended in 07 and has not been reinstated. To date, she has not paid a single penny on cs, and has not filed anything for a modification to lower (she says she is unemployed, but he doesn’t believe she has been unemployed for the full 2 years). $7000 in unpaid cs, no reimbursement of any medical expenses (there haven't had any big ones, just out of pocket co-pays and he could care less if those are reimbursed, he hasn't sent any notice of those either, since he doesn't have address for her)
BF and I traveled out of the country for vacation. We found out, unpleasantly, that the original order of protection that she filed against him 6 years ago, flagged his passport. He had to have a full inspection and questioning. When he received custody, they "consolidated" the order of protection that she filed with the paternity suit. How would he have the order of protection dismissed without it affecting the paternity suit? He was informed at the airport that until this is taken care of, he will have to go through this every time he travels. His son was not with us during this trip, since bf doesn’t have a passport for him (another issue).
The last contact with mom was around Easter was BF asking for permission to get son a passport. He had to email her through myspace. She said no. He told her that he will request it through the courts and they can make the determination. BF has family in Europe that would like us to visit and they would pay for kids’ tickets if we pay for ours (yay!). (There are 2 kids, his with ex, and our 1 together)
His questions are:
How would he have the order of protection dismissed without it affecting the paternity suit?
Will he be able to file a "vacate order of protection", a "contempt of child support", a "request to move jurisdiction" and "request for child passport" in the same motion? He would like to have everything taken care of in one shot.
He has a lawyer in FL and BF will fly down for the hearing. For obvious reasons, he would like to have the jurisdiction changed to avoid having to do this in the future since neither him nor mom live in FL any longer. Additionally, how will her warrant affect her being served and able to appear for court? Will she be arrested when they serve her since it is active, or will they wait until after she appears for court? Our lawyer told him that IF she isn't arrested when served, then he would alert the magistrate or sheriff (not sure what they are called in the courthouse) so that they can take care of that after my BF has left the courtroom after the hearing. He doesn’t want her arrested, but the warrant does not involve him. If he hadn’t had to be strip searched and probed then he would have continued life without having to “stir the pot” in the first place, but since we have plans to continue traveling, and he would like to include their son in those plans, he will have to go to court regardless.
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| Ex has a new kid -- I'm paying for him? |
| Child Support |
My ex hasn't worked since my daughter was born (10 years ago). We were never married and I'm in the Army and am in Iraq at the moment so she has full physical custody. My ex and my daughter live off of my child support payments ($1400 per month because of all the "extraordinary expenses").
My ex now has a baby with another man. They aren't married and they share custody 50/50. She doesn't receive child support from him at all, so I am essentially supporting my daughter and my daughter's mother 100% and another man's child 50%. My daughter told me that her mom isn't going to take her school clothes shopping because they can't afford to buy her new clothes now that there's a baby.
The father of the other kid has a decent job and could probably afford to do his part to take care of his child, but the mother doesn't want to ask for child support from him because it'll "be stressful." But she keeps writing me, asking for more money.
Is there any way I could get the court to insist that she get child support from the other kid's father? She says she can use the child support however she wants, but she's taking away support from my daughter.
Any advice?
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| Usage |
| Marriage, Domestic Partnerships and Other Family Law Matters |
OK HERE GOES
I HAVE LIVED WITH A MAN FOR 14+ YEARS WE BOUGHT A HOUSE TOGETHER
WE ARE NOW PARTING WAYS
HE HAS NOW FORBIDDEN ME FROM USING THE WASHER,DRYER AND THE REFRIG..WHICH HE DID PURCHASE--THE REFRIG WAS THERE FROM THE OLD PEOPLE --HE BOUGHT IT FROM THEM--THE WASHER DRYER HE BOUGHT WHEN I SOLD MINE....WHICH THE MONEY WENT INTO THE HOUSEHOLD ACCOUNT
THE DRYER I HAVE FIXED AND PAID FOR MYSELF
SO DOES HE HAVE THE RIGHT NOW THAT WE ARE BREAKING UP TO FORBID ME FROM USING THESE ITEMS?
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| Out of country vacation |
| Child Custody & Visitation |
What is the name of your state (only U.S. law)? PA
My husband and I have booked a cruise that leaves from the US, and stops in Key West and for 1 day in mexico. My step child's mother, previously verbally agreed to letting him go with us. Now that the trip is booked and only a month away, she is refusing to sign a letter giving her permission for him to go out of country with us. 
Can we get an emergency hearing to allow us to take him? They have joint legal & physical custody, and up until 9 months ago he had primary physical custody for several years.
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| Employers non payment of garnished support |
| Child Support |
| What action can be taken against the non custodials employer? My ex husbands pay has been garnished for support but the employer is not paying into DRS. It will now be going on two months where the employer has not paid in...I understand this is illegal but what action can I take as with his failure to not pay in has led me to struggle with my bills...how is this fair?
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| Grounds for changing Primary Custody |
| Child Custody & Visitation |
| My sister lives in Pottstown, PA. Her and her former husband are having custody issues with their 2 daughters, agest 10 and 7. Although my sister ANd her former husband both live OUT OF BUCKS COUNTY, for some reason his attorney and the Judge will not release it from that county. The former husband's attorney has filed numerous "contempt" charges against my sister for breaking the court ordered "visitination" schedule but dropped them. Now they filed yet another one, but are now asking for primary custody of the 2 girls. My sister does not have an attorney and does not qualify for legal aid even though she is collecting Social Security Disability and receives Section 8 housing. My question is, in what case can my sisters kids be taken away from her and primary custody turned over to the father? And, are there any attorney's out there that still do Pro Bono work for cases such as this. Only the children are suffereing. Thank you so much for your help.
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| Legal property |
| Divorce, Separation & Annulment |
| What is considered joint property and what is not? Pre marraige and during marraige. Also how do I see my kid if the other parrent has just taken him and moved?
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| Child caught in middle... |
| Child Custody & Visitation |
My son is 5 years old. His father was absent for the first 3+ years of his life. Father has since come back into his life for the last 1+ years. We agreed to a pretty normal visitation plan. My son has had some problems adjusting to father entering his life, especially being told to call him daddy, his new gf mommy, new grandma, etc, along with him talking bad about both me and my boyfriend of 4 years (saying we are bad parents). My son doesnt want to go with father for visits or talk to him on the phone, son has told father this. Father always interrogates son about his reasons but son gets intimidated and doesnt give much of an answer I guess. My son opens up to me and tells me it is bc the things that father says to him (about us) makes him sad and he doesnt like calling them all mommy/daddy among other things. I have tried to address these issues with the father a bunch of times so he could work on them but he denies anything is happening and gets very defensive and winds up starting a fight and ignoring the situation. He now is bringing me to court for PAS!?! I have done everything in our agreement and havent done anything to alienate them but he puts all the blame for their relationship as my fault somehow. I believe that he has alienated himself by not being a part of our sons life for years and continues to alienate himself by saying these bad things about us here.
Sorry this turned out much longer than I thought but do I have anything to worry about it court regarding this PAS accusation? Will therapy be court ordered bc of this? I cant really afford a lawyer so do you have any advice for me when I see the judge. Thanks.
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| 1099 Earnings for S Corporation and Child Support |
| Child Support |
Hello, I have a child support hearing in 2 weeks. We have one child together. (please excuse me but I have no knowledge of tax, business procedures)
Thank you in adance for your knowledge!
My first question is:
The tax return for my husband & I includes income from a 1099 in the amount of $25,000. This is in addition to his W2 of $35,000. His total income for 2008 was $60,000 (This is his mothers construction business) When we filed our taxes for 2008, our accountant deducted $ 18,000 as business expenses from his 1099 earnings. The 1099 wages of $25,000 he received were monthly "bonuses" which we, as husband and wife paid no deductions. For example, if my husband received a check on month for $5,000, it was deposited into our personal bank account, no deductions were taken out of these bonuses he received. This is in addition to the cash payments he receives that I wont even get into! Can you tell me how this will affect the outcome of the child support, and if child support officers will include these deductions?
Also,
Under the companys name my husband's cell phone, $600 personal truck payment(he also has a company truck that is used for the business) , car insurance, car registration and his other child support obligation is being paid by the company. His other child support payments are not shown on his weekly pay stubs. How will this also be determined in calculating support for our child.
Please keep in mind this is his familys business. I have no knowledge of any business practices, accounting info or anything of the such.
Thank you again for you assistance.
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| when does visitation end? |
| Child Custody & Visitation |
My ex and I divorced in NY. Our aggreement allowed her to move with our son to FL. She has since move to PA (without my permission)
My 17 (soon to be 18) year old son just completed HS. My ex informed me that I was to make visitation arrangements with him from this point on, and that they(her / her husband ) would not force him to visit with me. Our aggreement states I am to have at least 30 days with him in the summer. He visited with me for 1/2 that time, and decided that he would return home, and would not be coming back. This is not what he and I orginally agreed to. My son's step father told him once he is 16 he no longer has to visit with me if he does not want to.
Our aggreement states I'm obligated to pay CS until he is 21(or 22 if FT in school). But there are no guidelines for when visitation should end.
I will not force my son to visit in NY when he clearly feels he is missing out on friends/parties at his other home, but I do want to clarifiy how long is the CP obligated to ensure visitation occurs. I could understand her being free when my son is 18, but at 17 should she still be obligated to see that he visits as outlined in our aggreement?
Any advise....What is the name of your state (only U.S. law)?
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| Question about changing child custody |
| Child Custody & Visitation |
| My boyfriend has custody of his two boys ages 4 and 6. He has them Mon - Thursday at 5:15. His exwife gets them every weekend.So I guess what they have is shared custody, however he receives child support. He has been laid off for the past 5 months and was just called back to work. They offered him second shift Monday thur Thursday, where he was before working the weekend shift. My question is can his exwife take him back for custody of the children due to the change in his work schedule?
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| Another Custody and Visition Situation - Advice Welcome |
| Child Custody & Visitation |
State - PA (but it's not that simple)
Bottom line: It "appears" that my son wants to live with his mother, I would like to know what my options and read any advice offered.
I have a 15 year son (16 in Dec) who has been living with me for the last 12 years. I have custody granted by the state of PA (Jurisdiction remains in PA). His mother has visitation for Christmas, Easter, and during the summer. We share the travel costs. She pays child support (although never on time). I live in Europe and have lived here ever since before the custody order (the Judge knew I was in Europe). His mother has moved several times (she lives in TX now), has been remarried, and has several more children with her new husband.
A couple of weeks ago, my son (while visiting his mother for the summer vacation) called me and explained that he wanted to stay with his mother. I don't believe this is in his best interest. After explaining that to him, he said that we may have to take it to court.
Normally my son is very passive. He doesn't like to create conflict. This behavior, almost aggressive, is very unlike him. I understand his desire to live with his mother and her new family as it is much more fun; no homework, lots of children, almost ready to get his driver's license (can't drive in Europe until 18), etc.
On the other hand, deep in my heart I don't really believe he wants to live with his mother so he is happy; but rather to make her happy. Both of them are very emotional. I believe he thinks it is her "turn" to have him.
I mentioned before that his mother rarely pays child support. Actually, she has never (not in the last 12 years) been on time. She is behind 9-10 months and must make a payment by Sep or be in contempt. Resultantly, money may be an added factor. I make a lot more than she does and if she gets custody and doesn't have to pay child support, she can try to get money from me.
I have a very nice home and my son goes to a fine school. Other than my son making the statement that he wants to live with his mom, nothing else would convince me to change the status quo.
I don't want to fight my son. But I want what is best for him and I don't believe him living with his mother is best.
I welcome your thoughts.
-- sleepless
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| Ex-wife wants more money... What are my rights |
| Child Support |
I live in Louisana and my divorce was final in Texas on June 16, 2009 with me paying child support. My ex-wife moved from Texas to Pennsylvania a week after our divorce was final, can she take me back to court in Pennsylvania for more child support?? She works as a nurse from a doctor, so she is more then qualified for employment. I am a civilian government employee and I am scheduled to deploy in Nov... On my deployment I will make a good amount of extra money and my ex-wife has stated that once I return she will take me back to court in Pennsylvania to get more money.... I have no problem paying the $758 a month child support for my only child... But her taking me back to court after my deployment for more money.... That’s not right!!!! What are my rights????
What is the name of your state (only U.S. law)? - Louisana
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| Contempt warrant issued |
| Child Support |
| What is the name of your state (only U.S. law)? Pennsylvania - My daughter lives in Florida, her son is in PA with his paternal grandmother. A warrant was issued from PA against my daughter for non-payment of support and failure to appear in PA. The paternal grandmother has told me that even if my daughter pays every cent she owes she still has to serve the 6 months in jail for the warrant. Is this true or does paying all arrearages cancel out the warrant and/or contempt charges? My daughter is trying to get all the money together so she can be up to date with her child support and come to PA to see her son. She is afraid, however, that the minute she steps off the plane the paternal grandmother will have the police waiting for her.
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| Custody and Support Questions |
| Child Custody & Visitation |
| When my ex-wife divorced me she was going to try to take my two boys, they were 12 and 14 at the time. Instead of risking that I pretty much bought them off her by giving her my 401k and paying off all our marital debt. According to our divorce agreement we both have the kids 50-50, no support would be paid and I pay everything, medical bills, insurance, she only pays for food at her house, and buys a few clothes every once in a while. She lives 2hrs away and really only see's them 35-40% of the time. We filed for divorce in July of 07 and she remarried 02/08. Now she stays home and doesn't work. We are both good parents, so that's not an issue. I want to know should I go back to court to try to become the Custodial parent and try to get some kind of support? I got stuck paying for everything and now she can sit home and do nothing. I just want her to help pay for our children. What should I do?
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| Doesn't want to pay support now wants custody |
| Child Support |
We recently had a modification of a 10 year old court order which has changed the amount I receive for support of our child substantially. He has complained about the fact that he can't afford the current order, and has asked me to take the courts out of the picture, which I've refused. I explained that before I asked for a modification, I requested that we split camp cost, and was told he was unable to help. camp cost 180 and transportation was 30 dollars for the entire summer. I'd never asked for anything over the amount he actually paid within the 10 years, so I requested a modification because the amount I was receiving is 1/5th of what he is currently expected to pay.
A few months ago, he asked that I lower the amount he's expected to pay, I explained that I've shouldered the burden of financial support(he paid a little over 100 per month) for ten years, I requested the state guideline amount and feel that it's fair. So, now he has threatened to take me back to court to try to get custody of our child.
He requested partial custody 10 years ago, and was given every other weekend and two days out of the week where he would get our child for three hours. In the ten year time span, he's only kept him every other weekend. Keeping him during the week ended a few months after he was awarded partial custody.
This is not about him wanting our child to live with him, but more about him not wanting to part with the money he now has to pay. Is this something I should mention in court, that it's really about the custody, or should I just let the judge figure it out. I do not have any problem with him spending more time with our child, but I do have a problem with our child being used as a pawn to lower or stop child support payments.
Any advice would be appreciated thanks!!!What is the name of your state (only U.S. law)?
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| Relocating/Moving. |
| Child Custody & Visitation |
| I have a 2 year old daughter and right now I have joint custody with her father but I am thinking about getting sole or full custody. I want to further my education but to do so where the college is a decent price that I am able to afford, I have to move out of Pennsylvania. My grandmother had told me that even if I got sole custody of my daughter, PA laws and courts would not allow me to move without a just cause such as having a job somewhere else and that they would charge me with kidnapping. I also don't want things between me and the father's mother to go sour because we are the only ones in his family that get along with each other. Now, her father had admitted to me a few months ago that he doesn't take care of our daughter, that his parents do. And he also always texts or emails me complaining about problems he has with our daughter and accuses me of being the reason they occur. He always picks fights with me and starts problems. When we were together he started to get aggressive and got frustrated easily with not only me but our daughter but he keeps denying he ever did. He always blamed me for everything, like he does now when there are problems with our daughter. I'd like to further my education like I have wanted to my whole life but if I can't move out of state, what can I do? I thought about giving temporary full custody to her father, but I wouldn't be able to stand to leave her and not be able to see her. I also may have a better chance at possibly getting a job there as well instead of here because I have applied everywhere I could possibly apply, more than once where I live, and I'm not being hired. Is there anything I can do? Advice would be greatly appreciated. I also believe I am pregnant with my boyfriend's baby and he lives in another state, the one I plan to move to. What can I do?What is the name of your state (only U.S. law)?
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| Just to give you an idea |
| Grandparent’s Rights |
Just to give you an idea of how bad the grandparent visitation situation was prior to Troxel, I thought I would share this story. This happened in FL, about a year before the FL Supreme court declared their gpv statutes to be unconstitutional.
Mom and dad divorced, dad disappeared for 6 years. Mom had a cordial relationship with the paternal gps and they saw the child regularly, but not more than a half dozen times a year. The paternal gps were divorced.
Mom met a man and remarried, and the paternal gps panicked. They assumed mom would shut them out and have her husband adopt the child. So they served her with a suit for gpv on her WEDDING day.
The also hunted down their son and bribed him to come home and file for visitation. The judge combined the two cases and ordered a GAL to investigate.
The GAL felt that the child had a good relationship with the grandparents and deserved a relationship with the father, so the GAL recommended that mom retain primary custody, but that each grandparent get one weekend a month and one weekday overnight a week, and that the father get one weekend a month and one weekday overnight a week as well. That left mom, the parent with primary custody, 1 day a week and one weekend a month!
So, that meant that the child would sleep at a different house every night of the week, and a different house every weekend.
A GAL RECOMMENDED this...that was the climate of gpv then.
Luckily the judge said that was ridiculous, and ordered that the gps and the father share every other weekend and one night a week...which ended up being very confusing for both the child, and the grandparents and father, because they had a hard time keeping track of whose turn it was to have the child.
Also, grandparents frequently, in all states, sued for visitation of all existing and FUTURE grandchildren, and frequently got orders for such.
Now, thanks to grass roots efforts of some parent's rights groups, we were whittling away at those laws, one state at a time, and making considerable progress, but thank god for Troxel. I think that PA is the only state in the US whose laws have not been either struck down, stuck down and revised, or just revised.
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