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Motion to change CS and Visitation

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Quiet4Years

Junior Member
What is the name of your state? NJ
My husband just today received a certification from his ex. You all know her, take a look at Sunshinemom.
Reading through this certification, she has made false statements and accusations and did not provide any true facts.
Examples: "defendant is to pay 50% of my son's tuition and 63% of his flight lessons."
Note: My husband pays 50% of tuition and flight lessons even though the court order states he only must pay $1000.00 for their son's schooling.
She also states that he works for me. This isn't even remotely close to being the truth.
She states that he doesn't have medical or dental coverage for his son or that he has life insurance naming his son as the beneficiary. She gets the medical and dental statements and it shows payments they received from his provider. As for the life insurance policy, the last time my husband gave her proof, she called up the company and cancelled the policy! So now, we don't provide the proof and hopefully if we must the Judge will allow my husband to black out the insurance company name and policy number.
She also states that he makes $121k a year! He makes $20 a hour and if he doesn't work, he doesn't get paid. He takes a lot of time off so that he can spend it with his son when his son comes up from FL. Will the Judge frown upon this? Will he feel my husband can make more money but chooses not to? That's not the case, it's just hard to work for a company as a salaried employee and take 5 weeks off a year. You have to work for a company 15 or 20 years before you get that much vacation. She goes on to state that my husband lives a lavish life style because we went to Paris (first time we went anywhere alone in the 8 years we've been together). She also states we've been there twice and it was only once.
She wants his ebay account history because she believes he makes approximately 40k a year from selling on ebay. He actually buys more than he sells and what he buys is toys for his son, parts for our cars and sometimes stuff for the house. She also states that he spent thousands of dollars in remodeling our home. The home we live in is actually my home and I had purchased it 7 years prior to meeting my husband. When I met my husband and his son, I stressed to them that my home is "our home." I dislike the "mine" vs "yours" as I don't believe this is the definition of a family home. But I guess legally, it is mine since it's in my name and yes, we remodeled but I did it with "my" money.

I guess my question is what else can my husband do or prepare in his response? Keep in mind too that she filed this while his son is up here for summer vacation and she did the same thing last year at this time. The court dismissed her motion because she filed it in FL and they didn't have jurisdiction.

Will a Judge see that she is wasting time and money? What can my husband do to get the Judge to see that this is senseless and without merit? Can you be penalized?

Thank you for your input.
 


Shay-Pari'e

Senior Member
Most of us remember the lovely Sunshinemom. She got pounded here. Have your husband take proof of everything she is accusing, and file to seek full custody from her.
 

Quiet4Years

Junior Member
My husband has talked about seeking a change in custody but he fears this would be more harmful to his son. He is doing extremely well in his school (skipped a grade and for the last two years has been on the President's list and Honor Roll). He is still very much a Mama's boy and has been brained washed by his mother. He truly believes her when she tells him that if he were to live with his father, she would never see him. She also has filled him with guilt in stating that she has no one in her life and it's just the two of them and if he were to leave, she would be alone with no one to look after her. We tried in the past to have him live with us but he was very deeply depressed and had trouble doing the mainstream classes.

I'll help my husband get all of his documentation, (proof) in order and prayer the Judge will have her pay my husband's legal fees. If the Judge did this just once, I believe she will start following the court order and stop with the harassment especially if she knows she could be penalized again.

Thanks for your input.
 

NotSoNew

Senior Member
the court will only want to see his past tax returns or current pay stubs as proof of income, they do not care that he takes 5 weeks off during the summer, as long as he employed full time making a salary that meets with his past experience/education level. they don't care if you went to paris on vacation and they do not care that you remodeled your home. just like they don't care about her expenses or what she is doing. if he doesnt claim the ebay money on his taxes then its not included in the CS calculations.

just bring proof of all the other stuff she is claiming (like life insurance, etc) and the rest of the crap is BS.
 

nextwife

Senior Member
Quiet4Years said:
As for the life insurance policy, the last time my husband gave her proof, she called up the company and cancelled the policy!
I don't understand how an insurance company cancelled a policy on the say-so of a third party, not the policy owner.:confused: :confused: :confused:
 

Quiet4Years

Junior Member
The insurance carrier just required his ss#, address, phone number, birth date, policy number and name of beneficiary. We now have a password in place so this can not be done again.

My step son is going to Paris with his mother next month and they are flying first class. I asked him how she is able to pay $2500 each for these first class tickets when she is stating that she doesn't have enough money to pay her monthly bills. He stated that she sold property (land).

This morning I search public records and found the documents of this sale. She sold land two months ago and received $84k for this lot. This is not in her certification nor does she have this listed as income or liquid assets. Evidently she has not invested it by way of purchasing a home and according to her son, she is waiting until her father dies and will buy a home from the sale of his house. Should the recent sale have been included in her list of income/liquid assets/expenses work sheets?

I await your responses and thank you for your time.
 

carbro

Member
I don't have any answers for you but wanted to say that it is refreshing to hear a women like you say the things you said.


carbro
 

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