ex-wife of boyfriend moves child out of state?? A "good" father needs help

[hnmorgan]

What is the name of your state? Georgia
My boyfriend's ex-wife is wanting to take their 8 year old back to Indiana. The problem is that my boyfriend is a great father who has never paid one late payment of child support and only wants to be there as much for his daughter as possible. His ex completely took him for everything in the divorce and is now claiming he basically has no rights. We want every holiday and summer vacation. She states she can not be without her daughter all summer, yet he has to go practically months at a time without seeing her. I have heard that it would be her responsibility to get their daughter back to see her father and that if he does have her during summer vacations, he is not entitled to pay her support, since the child would be living with him. Please help..I dont want him to be taken advantage of by her especially since he is such a great father.

 

[Lil Miss Smarty Panties]

whats the visitation say in the divorce papers?

side note: if she does move to Indiana, don't let her transfer child support up here. (change of venue or whatever it is they do) child support continues here until age 21.

 

[Whyte Noise]

Other than the question LMSP asked you, I'll give you some information about Georgia. My divorce, custody, and child support was done there as well.

First off, about the child support. You were told wrong. Georgia doesn't give "allowances" for the time the NCP has the child. My ex is the custodial parent, and my children live with him. According to our custody agreement, his home is our children's primary residence, and I'm the NCP. My visitation schedule however, worked out to us having almost 50/50 time sharing. I have EOW, all of their summer vacation from the day after they get out of school in May, until 7 days before they go back in the fall, half of Thanksgiving break, half of Christmas break, half of Spring break, Every Mother's Day, each of their birthdays, and all alternating holidays. Number of days wise..... we share almost an equal number of days. I got no "allowances" for this. They based my CS on the gross amount of money I make per month, and figure it at a percentage, which Georgia has stated in their guidelines. All Georgia considers is the NCP's gross income, number of children, and who pays the health insurance premiums. That's it. And I pay the full court ordered amount every month of the year. Even the 3 months straight I have them in the summer.

If she is the one that moves away, she can be made to pay for all of the travel expenses, that's true. BUT, you'll have to get it in writing from a judge in order to enforce it. No "verbal agreements" between him and her, no "notarized statement" between him and her. A JUDGES signature.

Honestly, asking for "every" holiday isn't going to work. Unless she stays near you to where your husband and her can split the day in half. If she's in Indiana though, don't expect a judge to grant you every single holiday that rolls around. Alternating holidays would be a better bet. Judges aren't likely to grant you Christmas every year, Thanksgiving every year.... it just doesn't work that way. The only way you'll get every year is if the child's school vacation is split. Like the day after school gets out for Christmas, until the morning of the 25th, and then the next year, the afternoon of the 25th, until the day before the child is to return to school in January.

No matter what his ex said, if a judge granted him visitation rights in the divorce, then he does have rights. If she denies him visitation, she can be held in contempt for it. BUT, if he has no court ordered visitation times, then his ex has him by the short hairs until he takes it back to court to GET those rights. That's why LMSP asked you if he had court ordered visits.

 

[stealth2]

MoGal's got it right. And...... just try to remember - until you are married to him (and even then) there is no "we want XYZ". Much as you love him and his kids - this is a fight you've got no dog in.