by alladmin·Comments Off on What you are proposing is a tough call
You want to claim that her expenses actually support your argument that she has income she is not reporting. That could be tough without an accountant and she could always lie about how she covers the expenses.
However, the bigger issue is the best interests of the child – money is only a small factor and the fact that she will lose money on the deal will not be very important to the court. Be prepared to show how you are raising your child. Plenty of people with little money do an excellent job of child rearing so I wouldn’t pin my hopes on just showing that she is in it for the cash.
by alladmin·Comments Off on Attributing income to ex?
I go back to court Monday fighting for custody of my daughter (12) who lives with me full time. My ex is fighting but it’s really about the money she’ll lose and unfortunately not because she cares for our daughter.
She is claiming hardship while I’m claiming she has unreported income. I’m looking for Californina case law or decisions that attribute income based on regular expenses that meet claimed income.
This is really about me being able to financially support our daughter instead of the ex.
by alladmin·Comments Off on I strongly suspect you’ll have to take her to court
I strongly suspect you’ll have to take her to court and it could be expensive. Even if she doesn’t get additional state aid, you’re still going to be paying her child support which is non-taxable so why should she give up the child.
My recommendation is that you hire an attorney and be prepared for a lengthy court fight.
As an alternative, if the two of you live near each other, consider joint custody with alternating week visitation. Its not all that you want but its better than weekends.
And I wouldn’t discuss the matter with your girlfriend any further without talking to the attorney first.
by alladmin·Comments Off on I have had the same problem
Assuming there are no restrictions on your right of visitation, I’d say that your ex’s position is not legit. However, if she refuses to let your current significant other see the child, you could be stuck. Find out from the police department in the town where your ex is living whether they intervene in these situations and the type of proof that they might require to enforce visitation. If they do intervene, make sure you get a certified copy of your visitation agreement that shows that you have visitation rights.
After watching the video:
The other alternative is to file a Motion for Order with the court (you can do this pro se) asking the judge to prohibit your ex from interfering with the visitation (the downside being that you probably have to appear in the Florida court). Do this well in advance of the visitation to give the judge time to issue the order.
Me and my ex were getting along just fine working things out about the baby that we are having together who is due in about 4 weeks when a few days ago me and her Aunt got into an argument so now my ex has filed an order of protection against me and is going to try to keep me from my son.
Everything she said in the order of protection was a lie. If there is anything I can do what can I do because I do want to see my son.
After the baby is born I already have it set up to go to court for custody of my son. Please help me! She has done this same thing to her ex-husband who was the guy before me.
If your state is like most staes at your PFA hearing I would have your attorney make a motion for a DEMAND FOR SHOW OF PROOF as in I demand u prove what your saying is true.
by alladmin·Comments Off on I have been in the same money situation
I have fought my ex and her attorney alone. I have gotten to the court to order a custody study to determine which is the better environment for the children. it does come with a price tag, mine is $3600.00.
but in the end, if I can get my children then it will be worth it all. I did have to work two jobs 7 days a week to pay for it, but it is what I had to do. best of luck to you.
by alladmin·Comments Off on I just found this blog today
I just found this club today and started reviewing the posts. I’m very glad to have found such an informative website.
I live in Montreal, Canada. I have a very unique situation involving my 2 y/o daughter. I’m going to court on Oct 30th to try to regain her custody.
I care for my daughter from her birth (April 2014) till Sept 2015 while her mom was away right after the hospital, I donno where. On the weekday I go to work and left my daughter with her maternal grandma. On the weekend I would bring her back to my apartment. During that period, I paid $200.00 or as much that I could per month to the grandma for her help.
On Sept 2015, the mother of my daughter grab her away and start giving me so much trouble to see her as she live with her new boyfriend. Since Dec 2015, I was unable to see my daughter at all. Due to financial difficulty I hesitated to hire a lawyer and tried to get help through other sources but unsuccessful. I did hired a lawyer on April 2015 because I really had to see her on her birthday. I wasn’t able to see her on her birthday but was able to see her for 2 weekend out of 3 for 4 weekend till I went broke. On June, I discontinue the case after the bill went above $2000.00 and my bank account zip out.
In short, I worry about my daughter well-being, mental health and safety, not to mention I crave to see her again as the mother is mentally unstable and practicing prostitution. If anyone think they can help with any advice please email me.
by alladmin·Comments Off on If this is a recent ruling and the lower court
If this is a recent ruling and the lower court, you probably have some time to appeal to a higher court. Of course it may be more money for her lawyer… but you can always pay him/her slowly…If you can, it might be a good idea as it could save you money over a long run or again the new court may uphold the lower court.
I imagine that Alaska has a child support chart as all states do. Sometimes lawyers especially for the other side will try to make an agreement outside of that chart which can happen through intimidation and steamrolling. If you agree to pay more than the chart, than that ends up being the stipulation…If you lose your job, or if her economic situation changes, new job etc, then you can ask for a modification. You can do it Pro-se no lawyer.
In some states if there is a modification of child support only there is no filing fee. She will however probably have that same lawyer…unless he thinks you pay too slowly…Good Luck. Eventually all children grow into adulthood and everything does pass.
Thank you for the input! My current lawyer thinks it would be unwise to appeal the decision as the same judge will hear it. However My current lawyer also failed to provide the court with the documentation showing my current wage and what it computes to in child support. For that matter the years earnings that my child support was based on is the year previous to my daughters birth.
A year I worked two jobs and lots of overtime.I did get awarded 35% of travel expenses as I live 375 miles from my daughter. However that is to be deducted from my yearly income for computation purposes.Even then I still would pay nearly 100$ more a month. Yes you are right all children grow into adulthood but it is the years in between my daughter will need me the most.
by alladmin·Comments Off on Would love to hear from someone in Alaska
I began my custody dispute 11 months ago. All I asked for was that my child support be brought in line with my actual income and that I be allowed to reasonable visitation with my daughter. I received the visitation I wanted but got shafted on the support. My support was set at 128 dollars more a month than it should have been and I was assigned to pay 1500 of her lawyer bill.
Until we went to court I had not once had my daughter and the mother saw no reason for me to have access to her. She was the one preventing my daughter from having a father and I have to pay her bill. I just don’t understand. Not only that but why do I have to pay such high child support. Anyway enuff rambling, any guys in Anchorage Alaska who can give me suggestions feel free to email me…. I am looking for a new lawyer also.
by alladmin·Comments Off on Question about visitation
Currently re married, haven’t seen children for 2 years, Finally have the finances and means to see children, Ex doesn’t want my wife to be with me when we visit for the first time, driving from IL, to FL to see them.
I need help with some information, if anyone has any that they can share, please e-mail me, or message, it may be a while until I can get back, but I will reply.
Hope to hear from some one soon. Thanks also for taking your time to read this message.