Taking Child Support And Not Having Physical Custody

[sandiedeal]

What is the name of your state (only U.S. law)? Florida
I have been paying child support to my x-wife for our 9 year old son since our divorce in 2004. My x-wife was granted "primary residential custody". Since before our divorce, she chose to take our son to her mother's home and let her raise him while she partied. Even after the divorce, she left him there. She moved on and remarried and had 2 more children and left our son for her mother to raise. I didn't have enough money for a lawyer to take her to court, so I did it Pro-Se. She got served on a Friday, and by the following Tuesday, she pulled our son out of school where he'd been going all these years, and took him to live with her almost 2 hours away. I don't have a problem paying child support, but for all these years, she has been collecting it and didn't even have physical custody of our son. I tried to see about having the child support paid to her mom, and the court said I couldn't as she wasn't a LEGAL guardian. My X has quite a record which entails drugs and vop's. I had submitted to her attorney a request to produce and interrogatories in which she had 30 days to get back to me. I also requested a financial affidavit . Well, I got a financial affidavit from her that wasn't a Florida Family Law Rules of Procedure Form 12.902(b). It was something typed out and notarized by her attorney. I submitted the Form 12.902(b). It's been 2 months now and I haven't recieved anything else from her attorney as far as the interrog's or the req. to produce. I since had to put a request for continuation in as I have to have back surgery and my mom just passed away. I'm wondering, can I file a motion to compel against them while it's in "continuance"? Or do I have to wait until the continuance is lifted? I since have called her attorney and asked where these things are and he says that he will have them drafted and have me sent a copy. I'm still waiting and that was over 2 weeks ago. Thanks!

 

[Bloopy]

I see how grandma may be getting raw deal, but not you. What do you want exactly?

File for custody of your child based on him NOT living with Mom.

Encourage Grandma to file for guardianship and support that decision.

If you’re not interested in pursuing custody, and grandma isn’t interested in pursuing custody or CS, what do you expect? Why haven’t you pursued for custody all this time?

Furthermore, you do not know and are not entitled to know if there is an exchange of money between Mom and Grandma.

Grandma is doing this to help her grandchild and daughter. She does not need to do you any favors.

 

[sandiedeal]

hey genious

Your sarcasm is not appreciated here. My whole point (obviously you didn't get it), to taking her to court, was to get custody of my son. I told my X time and time again that it wasn't her mother's place to raise him. That he was going to be raised by ONE of US. She basically said that he was a splinter in her side but she'd rather die than to surrender him to me because I was the one that divorce her and she is bitter about it. I'm taking her to court for custody. She and her braniac lawyer already failed to show for 2 appearances. Shows you how much she cares..The only reason she's holding on to him is because she doesn't want to have to pay ME child support and she's still holding a grudge about me divorcing her. Her mother (grandma) refuses to let him come and live with me. Not that it's any decision of her's to be making, but she's the one footing the bill for the braniac attorney. My son want's to live with me. He says he's not treated fairly at his mothers house. Well understandably so. I guess we would be treated differently if we weren't wanted. Her other two children are paramount. I certainly wasn't the one that drove the wedge between her and our son. She did that on her own. I'm just sad to have to keep answering questions like "how come mom doesn't treat me like she does "mike and beth"?
"How come mommy leaves me at grammy's all the time"? I just keep reassuring him that his mother loves him. He's not a stupid kid..He knows what's going on and that's the worst part about all of this. Now , back to my question...can motions be submitted while a case is " to be continued at a later date"

 

[TheGeekess]

Your sarcasm is not appreciated here.

Depends on who you are. And if you think Bloopy is being sarcastic....

 

[Bloopy]

hey genious

I don't know what a "genious" but I wear a Genius Tiara on my Giant Genius Head

… When CJane allows me the cell

I was dead serious in my advice. So was the Child Support office.

I ASKED if you wanted custody.

 

[TheGeekess]

I don't know what a "genious" but I wear a Genius Tiara on my Giant Genius Head

… When CJane allows me the cell

I was dead serious in my advice. So was the Child Support office.

I ASKED if you wanted custody.

No, he didn't want his ex-wife to die

sandiedeal: That he was going to be raised by ONE of US. She basically said that he was a splinter in her side but she'd rather die than to surrender him to me

He's such a kind and wonderful man! He didn't want his ex to die, so he never filed for custody of his son! (Hey, OP, that's sarcasm. )

 

[tuffbrk]

What is the name of your state (only U.S. law)? Florida
I have been paying child support to my x-wife for our 9 year old son since our divorce in 2004. My x-wife was granted "primary residential custody". Since before our divorce, she chose to take our son to her mother's home and let her raise him while she partied. Even after the divorce, she left him there. She got served on a Friday, and by the following Tuesday, she pulled our son out of school where he'd been going all these years, and took him to live with her almost 2 hours away. !

Does your CO allow a move almost 2 hrs away? How is transportation currently being addressed? What is your visitation and do you exercise it?

Do you have "proof" that your Ex resides in X and yet your child went to school in Y? Do you live in school district in Y?

Name calling is not an effective means to obtaining assistance.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Florida
I have been paying child support to my x-wife for our 9 year old son since our divorce in 2004. My x-wife was granted "primary residential custody". Since before our divorce, she chose to take our son to her mother's home and let her raise him while she partied. Even after the divorce, she left him there. She moved on and remarried and had 2 more children and left our son for her mother to raise. I didn't have enough money for a lawyer to take her to court, so I did it Pro-Se. She got served on a Friday, and by the following Tuesday, she pulled our son out of school where he'd been going all these years, and took him to live with her almost 2 hours away. I don't have a problem paying child support, but for all these years, she has been collecting it and didn't even have physical custody of our son. I tried to see about having the child support paid to her mom, and the court said I couldn't as she wasn't a LEGAL guardian. My X has quite a record which entails drugs and vop's. I had submitted to her attorney a request to produce and interrogatories in which she had 30 days to get back to me. I also requested a financial affidavit . Well, I got a financial affidavit from her that wasn't a Florida Family Law Rules of Procedure Form 12.902(b). It was something typed out and notarized by her attorney. I submitted the Form 12.902(b). It's been 2 months now and I haven't recieved anything else from her attorney as far as the interrog's or the req. to produce. I since had to put a request for continuation in as I have to have back surgery and my mom just passed away. I'm wondering, can I file a motion to compel against them while it's in "continuance"? Or do I have to wait until the continuance is lifted? I since have called her attorney and asked where these things are and he says that he will have them drafted and have me sent a copy. I'm still waiting and that was over 2 weeks ago. Thanks!

Did the Judge sign a continuance order?

If so, what, exactly does the coninuance order state?

 

[sandiedeal]

The judge did sign an "Order of cancellation of pretrial conference & trial; continued until further notice". It specifically states "This cause was considered on the Motion for Continuance requested by petitioner John Doe, for medical reasons and the respondent, x-Jane Doe, having no objection to the requested continuance, the pretrial conference and trial scheduled in this matter is hereby continued until further notice. " The x-wife and myself meet halfway between the two residences. There are sometimes when she will drop him off here, and sometimes pick him up if she's in the area (her mother's house). I am very punctual with my visitations. I get my son every two weeks on the weekend. I do have proof that my x-lives in X while my son went to school in Y. As a matter of fact, through some diligent search efforts, I was able to find out the name of her landlady. I am going to subpeona her for a copy of the lease agreement which has the move-in date. I also went to my son's Y school and got copies of all his records. I have a copy as well of the withdrawl form the clerk typed up from the day she "phoned" in and stated that they were "moving" and she was withdrawing him. She had already been living in the other county for 2 years before the move took place. As soon as the process server handed her the papers, it was on the 3rd day after that she had him pulled out of Y school and placed in Z school. I reside in school district Y. Believe me..I wanted custody of my son from day one. People don't realize what i"m up against. My X's mother has ALOT of $$$. She is paying for my X-'s attorney as a matter of fact. I never had the kind of money that attorney's want. I talked with at least 20 from the county in which I reside, to 4 surrounding counties and the lowest I got was $2,500 as a retainer to start! I do not hold a cushy job making tons of money. I am a auto mechanic by trade, and suffered an on the job accident in 12-2007. It requires surgery to my back to correct or at least attempt to relive my pain. My parents aren't rich either so I didn't have alot of options. That is why I opted to take her to court myself.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Florida
I have been paying child support to my x-wife for our 9 year old son since our divorce in 2004. My x-wife was granted "primary residential custody". Since before our divorce, she chose to take our son to her mother's home and let her raise him while she partied. Even after the divorce, she left him there.

Apparently YOU left him there as well.

She moved on and remarried and had 2 more children and left our son for her mother to raise. I didn't have enough money for a lawyer to take her to court, so I did it Pro-Se

Okay.

She got served on a Friday, and by the following Tuesday, she pulled our son out of school where he'd been going all these years, and took him to live with her almost 2 hours away. I don't have a problem paying child support, but for all these years, she has been collecting it and didn't even have physical custody of our son. I tried to see about having the child support paid to her mom, and the court said I couldn't as she wasn't a LEGAL guardian.

And yet, you didn't ask for custody. Okay. This is about money and NOT the child.

My X has quite a record which entails drugs and vop's. I had submitted to her attorney a request to produce and interrogatories in which she had 30 days to get back to me. I also requested a financial affidavit . Well, I got a financial affidavit from her that wasn't a Florida Family Law Rules of Procedure Form 12.902(b). It was something typed out and notarized by her attorney. I submitted the Form 12.902(b). It's been 2 months now and I haven't recieved anything else from her attorney as far as the interrog's or the req. to produce.

So did you file the proper motion to get that information and get the proper form?

I since had to put a request for continuation in as I have to have back surgery and my mom just passed away. I'm wondering, can I file a motion to compel against them while it's in "continuance"?

Um... you NEED an attorney if you don't know the answer to that. Continuance delays the hearing only.

Or do I have to wait until the continuance is lifted? I since have called her attorney and asked where these things are and he says that he will have them drafted and have me sent a copy. I'm still waiting and that was over 2 weeks ago. Thanks!

So what exactly was the hearing for?

 

[sandiedeal]

Clearly you are not a legal professional. Next.....

 

[proud_parent]

Clearly you are not a legal professional. Next.....

Clearly you are unable to spot the practicing Family Law attorney among those who have responded to your thread.

With your attitude toward the senior advisors here, you'd best take your questions elsewhere if you wish a response.

 

[WittyUserName]

Ohiogal is a family law attorney and guardian ad litem, both of which have been verified by this board's monitors.

If you don't want advice don't post.

 

[Just Blue]

Clearly you are not a legal professional. Next.....

Clearly you are an idiot. Go pay an attorney for advice since the FAMILY LAW ATTORNEY that VOLUNTEERS her time here didn't tell you what you wanted to hear.

BTW: There will be no "next" ...Go elsewhere. Jerk.

 

[sandiedeal]

I guess it is true what they say about Lawyers. Their reputations speak for themselves. You have a nerve telling me that "it's about the money and not the child". You should be representing Casey Anthony in Orlando Florida.