What is the name of your state (only U.S. law)? Mississippi
My divorce was finalized April 14, 2008. My ex-husband is taking me back to court on October 13th for issues of custody, child support an a host of other material demands. He works overseas and is out of the country every other month (28 days home/28 days gone - roughly). We have two daughters ages 12 and 9. We retain joint legal custody. I have full physical custody. He pays the state mandated 20% child support and no alimony (none requested by me at the time of the divorce).
In our divorce decree/settlement, it is stated that he should have reasonable visitation rights which he has received. I have documented his visitation schedule from April to today and maintain a current record of visitation. He has the children a minimum of half of the days that he is in the country. Generally many more days. He also owes four months back child support from January, February, March and April of this year.
In his petition, he is requesting to have not visitation, but custody of the children for the entire 28 days he is home. He is also requesting to owe no child support the month he is home and have child support reduced by nearly one half for the month he is gone. The requests also include provisions for a time share, a vehicle, a lump sum of cash among other items that were resolved in the settlement.
I have been told that a Rule 81 provision will have this case dismissed in October and resheduled for two to three months later for trial. I have also been told that the only variables up for adjustment would be custody, visitation, child support and alimony. All other matters were sealed in contract by the settlement. My questions are as follows:
Can he get custody or even mandatory visitation for the entire 28 days he is home?
If so, when the children request to visit with me, can he prevent them (he has stated to them that he would)?
What are the chances of me getting full legal custody of the children (Since he is out of the country a majority of the year)?
What is Rule 81 and how does it pertain to my case?
What variables can be affected at this point (after the settlement agreement has been signed and recorded)?
Also, what rights do I have at this point to alimony since it was not requested in original case?
If there are any other points to which I am ignorant, I would appreciate any information you may be able to provide. I appologize for the length of the post, but wanted to cover as many details as possible. Thank you.
My divorce was finalized April 14, 2008. My ex-husband is taking me back to court on October 13th for issues of custody, child support an a host of other material demands. He works overseas and is out of the country every other month (28 days home/28 days gone - roughly). We have two daughters ages 12 and 9. We retain joint legal custody. I have full physical custody. He pays the state mandated 20% child support and no alimony (none requested by me at the time of the divorce).
In our divorce decree/settlement, it is stated that he should have reasonable visitation rights which he has received. I have documented his visitation schedule from April to today and maintain a current record of visitation. He has the children a minimum of half of the days that he is in the country. Generally many more days. He also owes four months back child support from January, February, March and April of this year.
In his petition, he is requesting to have not visitation, but custody of the children for the entire 28 days he is home. He is also requesting to owe no child support the month he is home and have child support reduced by nearly one half for the month he is gone. The requests also include provisions for a time share, a vehicle, a lump sum of cash among other items that were resolved in the settlement.
I have been told that a Rule 81 provision will have this case dismissed in October and resheduled for two to three months later for trial. I have also been told that the only variables up for adjustment would be custody, visitation, child support and alimony. All other matters were sealed in contract by the settlement. My questions are as follows:
Can he get custody or even mandatory visitation for the entire 28 days he is home?
If so, when the children request to visit with me, can he prevent them (he has stated to them that he would)?
What are the chances of me getting full legal custody of the children (Since he is out of the country a majority of the year)?
What is Rule 81 and how does it pertain to my case?
What variables can be affected at this point (after the settlement agreement has been signed and recorded)?
Also, what rights do I have at this point to alimony since it was not requested in original case?
If there are any other points to which I am ignorant, I would appreciate any information you may be able to provide. I appologize for the length of the post, but wanted to cover as many details as possible. Thank you.
