kornstar1981
Junior Member
What is the name of your state?Florida
First of all I apologize B/C this is going to be a long one. I will try to give the most background info I can with the smallest amount of words.
My husband has 2 children with his ex-girlfriend(they were never married), now ages 4 and 6. Their break-up was not the most friendly one and has been a battle since day 1. He originally attempted to settle things with her with out going to court(lesson learned) which was very unseccessful. Approx. 7 mnths after thier breakup he filed the nessecary paperwork to have paternity, visitation, and support court ordered. The courts had attempted to serve her the paperwork, which she avoided and the day after filed a restraining order against him(which was granted with no proof, her word vs. his). It took over a year for him to get his original motion heard due to continual postponing on her half. He was than granted eow 4hrs sat, 5 hrs sun with the agreement that overnight visits would later be arranged. His support was ordered at approx. $500 a month which INCLUDES the proper portion for day-care expences. His child support has been paid as ordered through the state(which HE requested). She has denied visits on many occasions, harassed me at my job, spoken poorley to the children about us, etc. The list really could go on. She basically uses the children against him in every way possible. Since that court order was issued my husband and I got married and now have a child of our own. Due to the changes in his family situation, he chose to better himself and career and became a truck driver last May. He makes a good amount of pay, but is not home much. He only comes home about once a month. During the times he is away he attempts to call the children and they are always "busy". When he is home and attempts to see his children(he always gives her notice) she makes excuses why he can't see them. He has only seen them 3 times since May. In July she quit her job to stay home with the children(she has since had another child) and has not sent the children to daycare since then. That's the background and again I sencerily apologize for the legnth, but I feel you must know what kind of person we are dealing with. Now my question:
She is not working, and now wants to send their 4yr old to a private pre-school and wants him to pay for it(Fl offers free pre-school). She says she will take him to court if he doesn't give her an extra $400 per month. Can the courts raise his support payments now that he advanced his career to provide for all aspects of his family? What about the portion for child care that he has been paying since July that she hasn't used? Can he be resposible for private pre-school when there is free pre-school availilbe? Please help, this whole situation has been so stressful since the beginning. He is actually trying to be one of the good guys.
First of all I apologize B/C this is going to be a long one. I will try to give the most background info I can with the smallest amount of words.
My husband has 2 children with his ex-girlfriend(they were never married), now ages 4 and 6. Their break-up was not the most friendly one and has been a battle since day 1. He originally attempted to settle things with her with out going to court(lesson learned) which was very unseccessful. Approx. 7 mnths after thier breakup he filed the nessecary paperwork to have paternity, visitation, and support court ordered. The courts had attempted to serve her the paperwork, which she avoided and the day after filed a restraining order against him(which was granted with no proof, her word vs. his). It took over a year for him to get his original motion heard due to continual postponing on her half. He was than granted eow 4hrs sat, 5 hrs sun with the agreement that overnight visits would later be arranged. His support was ordered at approx. $500 a month which INCLUDES the proper portion for day-care expences. His child support has been paid as ordered through the state(which HE requested). She has denied visits on many occasions, harassed me at my job, spoken poorley to the children about us, etc. The list really could go on. She basically uses the children against him in every way possible. Since that court order was issued my husband and I got married and now have a child of our own. Due to the changes in his family situation, he chose to better himself and career and became a truck driver last May. He makes a good amount of pay, but is not home much. He only comes home about once a month. During the times he is away he attempts to call the children and they are always "busy". When he is home and attempts to see his children(he always gives her notice) she makes excuses why he can't see them. He has only seen them 3 times since May. In July she quit her job to stay home with the children(she has since had another child) and has not sent the children to daycare since then. That's the background and again I sencerily apologize for the legnth, but I feel you must know what kind of person we are dealing with. Now my question:
She is not working, and now wants to send their 4yr old to a private pre-school and wants him to pay for it(Fl offers free pre-school). She says she will take him to court if he doesn't give her an extra $400 per month. Can the courts raise his support payments now that he advanced his career to provide for all aspects of his family? What about the portion for child care that he has been paying since July that she hasn't used? Can he be resposible for private pre-school when there is free pre-school availilbe? Please help, this whole situation has been so stressful since the beginning. He is actually trying to be one of the good guys.