IAAL ***Child Support Modification**

[tater_tot]

I had a post from earlier about my husband and his ex-wife. To rebrief on the situation divorce is final, but there has been no property settlement. My husband pays $579 a month child support and $1 spousal support. They have joint legal custody and she has main physical custody. The only thing stated in the divorce is that he gets the children 3 weekends a month and he gets them on Fridays at 5:00pm and has to return them to school on Mondays. Anything else has been verbally agreed on out of court, which is he returns them on Mondays after she gets off of work and before he goes to work, and he gets them for 1-2 weeks in the summer for summer vacation(depending on what she wants). Anyway she is responsible for all payment so n the house ($291.09 a month), and they divide medical expenses in half after my husbands insurance pays their part. So here is the new situation, we recently found out she is behind on the house payment, they start forclosing on Saturday (7/29/00) and she hasn't paid on the kids doctor bills since 11/1/99 and before that the kids were on Medicaid. Also the oldest 1 is almost 9 and the youngest one is 7 tomorrow, they have both been on Medicaid their whole lives until 10/31/99, without my huusbands knowledge most of the time. We have paid our half on all doctor bills and we are going to ask for sole custody, but we don't have a place of our own right now. Also we think she is on drugs, because her money is going somewhere and we know she is dating and hanging around with the local drug atticts. My question is if when we go to court and if we can convince the judge to make her take a drug test will they make her take a drug test that day? Also do you think we stand a chance of getting sole custody even though we don't have a place? I have everything documented and have all proof. I am in the state of Virginia. Thanks and we appreciate any help.

 

[I AM ALWAYS LIABLE]

My response:

A judge is not going to make her take any type of a test just on your "say so." You need hard proof - - previous arrests and convictions, people who can testify about what they saw and heard.

Also, I have no idea what you mean by "we have no place." Does that mean you're living on the streets? Where do you put your head down at night?

Remember also, for custody to be changed, there must be a severe change in circumstances to cause a judge to take children away from a parent.

If you can prove her housing situation, that might be enough to convince a judge that she'll be unable to house the children, and that at least, temporary custody should be granted to you until such time as her situation gets better.

IAAL

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[tater_tot]

No, of course we don't live on the streets. We live with my parents right now. Yes, I have proof that she has paid only 4 house payments in the last year, and she hasn't made a payment in the last 6 months. The Rural Housing sent us papers on it. As far as her drugs her boyfriend is convicted and she can't account for where her money is going, that we can prove with the kids doctor bills that haven't been paid on in 9 months other than by us. She hasn't paid her own doctor bills in a year (which can be proven by what the amount she claimed last time in court, and she will claim the same this time). Also last time in court she claimed her house payment went up to $450.07 and it only went up to $291.09 (we have proof). Even if we can't do anything over the drugs, won't she have to account for where her money is going, considering she is getting $580 CS, $700 bring home pay from job a month. We have proof also she isn't giving the children their medication, she isn't paying her bills and the kids school grades dropped (one of them anyway, the youngest). Thanks for your advice.

 

[tater_tot]

No, of course we don't live on the streets. We live with my parents right now. Yes, I have proof that she has paid only 4 house payments in the last year, and she hasn't made a payment in the last 6 months. The Rural Housing sent us papers on it. As far as her drugs her boyfriend is convicted and she can't account for where her money is going, that we can prove with the kids doctor bills that haven't been paid on in 9 months other than by us. She hasn't paid her own doctor bills in a year (which can be proven by what the amount she claimed last time in court, and she will claim the same this time). Also last time in court she claimed her house payment went up to $450.07 and it only went up to $291.09 (we have proof). Even if we can't do anything over the drugs, won't she have to account for where her money is going, considering she is getting $580 CS, $700 bring home pay from job a month. We have proof also she isn't giving the children their medication, she isn't paying her bills and the kids school grades dropped (one of them anyway, the youngest). Thanks for your advice.