• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ex-Wife short changing the children.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

Retread316

Guest
Sorry - cross post, didn't see this forum first.

What is the name of your state? CO

Ex-wife and I are in the middle of a court battle. She wants to relocate our children out of state (way out of state > 1,300 miles). I am a VERY involved father who pays over $1,300 a month in child support all the time, on time, every time.

She has moved. The children are in my custody until the court appointed child advocate (appointed as "special master/advocate") over the case has gone through his due diligence in research, interviews, etc. and decides the final outcome.

She has REFUSED to relent on my child support obligation. I asked her to kindly relent ONLY as long as the children are residing with me, and that we'd go through our respective attorneys with a legal document to ensure everything is right. I don't make a ton of dough, adding three children to my household is having a dramatic effect on the old budget - DUH. Which means that I am paying my child support to my ex-wife for the next 8-10 weeks when the children are in MY CARE!

I'm frustrated...this is just one more example of how she's been financially motivated to move the children without taking into account the value of BOTH parent's influence on their lives.
 


stealth2

Under the Radar Member
The only thing you can do to force the change is file for a modification of the support order. As long as the order says you are to pay her, she is legally within her rights to insist you continue paying. You do realize that a modification of support will ONLY be retroactive to a filing date, right?
 
G

Gonwin

Guest
Child Support...

Are the children with you because it's your regular visitation period (summer break) or is the majority of time over the next 8 to 10 weeks mainly her time with them?

Although I don't know what her reason for moving is (job/to be near family?), it seems kind of odd that she would leave the kids behind without getting the visitation settled.
 
R

Retread316

Guest
I was venting a little frustration.

"Their" move (my ex-wife and her husband) was motivated for financial/career gain and nothing more. She HAS left the state (last Saturday th 26th). Our divorce decree states "Neither parent shall permanently remove the children from the state of Colorado without the written approval of the other parent".

They made the decision to move based on financial grounds, and they tried to back me in to a corner, ramming this down my throat in about a three week time frame in an attempt to intimidate me into compromising (they only let me know on the 1st of June). When it comes to my children, there's no room for compromise. They need the constant and frequent involvement from both of us.

Regular visitation has been with me from 5:30pm Fridays to 8:30am Sundays. They are with me 100% now because she has moved before the case has been resolved. She has neither the court's nor my approval to move the children.

So I continue to pay over $1,300 a month to her to support the children...and they're IN MY CARE!!!!!
 

VeronicaGia

Senior Member
Haul your behind to court and file for a child support modification today! You will still have to pay, but the modification will be retroactive to the date of filing, meaning today if you file today. What are you waiting for?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top