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first right of refusal state of indiana

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imdrowning

Junior Member
I live in Indiana and I'm really hoping that someone can ease my mind.

Iv'e been divorced since the beginning of 07. when I got divorced, my ex husband didn't make enough money to pay any child suppport so I agreed to call the nights he watched the kids as overnight nights and that he didn't have to pay support that he would potenially be having them for at least 152 over nights a year.

I own a bar and work every tues, thurs fri and sat night. from 6pm till 3am in the morning. during the first 2 and a half years of our divorce, he took them at 530 on tues and thurs and brought them home at 9pm (sometimes earlier) I had a 15 year old daughter who lived at the house. he put them to bed and i obviously got them off to school in the morning and so forth.

He made very little money during this time and was supposed to be helping support the kids 50 percent but could not afford to. I fed the kids before I sent them to their dads on tues, thur and friday. I also picked them up sat morning and fed them lunch and dinner. I paid for every sport, every school lunch, every piece of clothing and every doctor visit for almost 3 years.
My son is 11 and pitches 60 miles an hour already so he is very talented and it has cost me thousands of dollars in leagues, uniforms clinics and so on....


last Sept of 09 he met a girl. She makes over 100k a year and he married her in Feb of 2010. 5 whole months of dating.

In December, all of a sudden he started wanting to keep the kids over night on those tues and thurs when he never did before. He said his new wifey could get them to school in the morning.

We got into many fights over this and I knew that he had gotten a raise and was trying to avoid ever paying any child support.

Now, i always got my kids on sat morn and now they were all of a sudden busy and he made other plans for them on a constant basis.

My attorney said that because I was going to work, I had to offer him first right of refusal but in those guidelines it says "at no cost to me"

I decided that in February that I was going to start working less and my boyfriend moved in so finacially i could do. I started working days on sat so that I could get my kids at night at least every other weekend. or i would just take off work.

now, for about 3 months this was working out fine then all of a sudden, he making plans with them on my time and almost every weekend that I take off he keeps me from getting them back on saturdays.

During the summer i would go to get my kids during the day after working the night before and they would be at her mother's with no notice to me.

I have physical custody.

Now he is trying to get custody of my kids and have me pay support. He makes plans for the kids on my weekends and says well, you should of told me you were getting them. He doesn't ever return them when he is supposed to.

Because i offered him the first right of refusal when I went to work to support my kids am i gonna end up losing them?

Oh, and he quit his job a few months back and wifey supports him 100%

please someone give me some insight.
 


LdiJ

Senior Member
I live in Indiana and I'm really hoping that someone can ease my mind.

Iv'e been divorced since the beginning of 07. when I got divorced, my ex husband didn't make enough money to pay any child suppport so I agreed to call the nights he watched the kids as overnight nights and that he didn't have to pay support that he would potenially be having them for at least 152 over nights a year.

I own a bar and work every tues, thurs fri and sat night. from 6pm till 3am in the morning. during the first 2 and a half years of our divorce, he took them at 530 on tues and thurs and brought them home at 9pm (sometimes earlier) I had a 15 year old daughter who lived at the house. he put them to bed and i obviously got them off to school in the morning and so forth.

He made very little money during this time and was supposed to be helping support the kids 50 percent but could not afford to. I fed the kids before I sent them to their dads on tues, thur and friday. I also picked them up sat morning and fed them lunch and dinner. I paid for every sport, every school lunch, every piece of clothing and every doctor visit for almost 3 years.
My son is 11 and pitches 60 miles an hour already so he is very talented and it has cost me thousands of dollars in leagues, uniforms clinics and so on....


last Sept of 09 he met a girl. She makes over 100k a year and he married her in Feb of 2010. 5 whole months of dating.

In December, all of a sudden he started wanting to keep the kids over night on those tues and thurs when he never did before. He said his new wifey could get them to school in the morning.

We got into many fights over this and I knew that he had gotten a raise and was trying to avoid ever paying any child support.

Now, i always got my kids on sat morn and now they were all of a sudden busy and he made other plans for them on a constant basis.

My attorney said that because I was going to work, I had to offer him first right of refusal but in those guidelines it says "at no cost to me"

I decided that in February that I was going to start working less and my boyfriend moved in so finacially i could do. I started working days on sat so that I could get my kids at night at least every other weekend. or i would just take off work.

now, for about 3 months this was working out fine then all of a sudden, he making plans with them on my time and almost every weekend that I take off he keeps me from getting them back on saturdays.

During the summer i would go to get my kids during the day after working the night before and they would be at her mother's with no notice to me.

I have physical custody.

Now he is trying to get custody of my kids and have me pay support. He makes plans for the kids on my weekends and says well, you should of told me you were getting them. He doesn't ever return them when he is supposed to.

Because i offered him the first right of refusal when I went to work to support my kids am i gonna end up losing them?

Oh, and he quit his job a few months back and wifey supports him 100%

please someone give me some insight.
You aren't going to lose them, but you may end up with a different parenting schedule and you may end up paying some child support.

However, what you need to do now, until or unless something different gets ordered, is that you need to following the current orders to the "t", including offering him right of first refusal. You should probably try to avoid working at all on your weekends. If he doesn't have them at all on your weekends, then he cannot refuse to give them back.
 

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