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WIFE GOT IT ALL AND LEFT KIDS

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T.R.COOK

Guest
My wife filed for divorce and got everything she wanted.3 months later she paged me to come take care of the kids and the house cause she was moving out.She was awarded the house(in my name(and the van(in my name)she moved into an apartment and has since defaulted on van payment.She has had very little contact with the 3 children.She has only seen them 2 times since Oct.15.I filed for emergency custody of the house and the kids.We go to court Feb.1,How will this affect the contempt against her based on the divorce decree.She basically walked away from it all.What would a judge think about this and how could her lawyer possibly get her out of this.I think she is trying to stick me with the house and van payment and try to regain custody so she will have more child support to spend without it going to pay the huse and van...help
 


S

Spectra

Guest
T.R.COOK...........

Sounds to me you have a good case of abandonment, and if the law where you are is like here, this is one case you are likely to win, the courts don't take kindly to parents that abandon their children. If she is working she will have to pay child support. I am going by a case I heard of where I live. I'm sure someone will be along shortly to offer you better advice. Oh, I hope you have retained a lawyer of your own. Spectra..
 
L

LadyBlu

Guest
T.R.COOK said:
My wife filed for divorce and got everything she wanted.3 months later she paged me to come take care of the kids and the house cause she was moving out.She was awarded the house(in my name(and the van(in my name)she moved into an apartment and has since defaulted on van payment.She has had very little contact with the 3 children.She has only seen them 2 times since Oct.15.I filed for emergency custody of the house and the kids.We go to court Feb.1,How will this affect the contempt against her based on the divorce decree.She basically walked away from it all.What would a judge think about this and how could her lawyer possibly get her out of this.I think she is trying to stick me with the house and van payment and try to regain custody so she will have more child support to spend without it going to pay the huse and van...help
If you have had the care and physical control of the children then you will more then likely be awarded custody. As for the house and van, she was awarded those in the original order so they are her responsibility unless either of you file to modify that.

You are sitting pretty where you are right now.
Unfortunately it is not considered abandonment, because most states have a 1-2 yr time frame to claim abandonment.
 

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