does my new wife's finances count?

[keyster67]

What is the name of your state (only U.S. law)? MASS

I am currently seeking modif. for time w/child. (My ex and I, share joint phys

& leg. custody--if this info is needed--also I pay more than what is asked

for as far as support guidelines are concerned) I am seeking more time with

children (equalivant to half the week) as well as no support. Ex's lawyer sent

request for financial statmt. I gave all my proper information. In court, will

current wife's finance's come into question? (We have the house in both our

names but she pays 3/4 of the mortgage as well as her bills in her name and

other household costs) She has been so supportive to me and is wonderful

with the kids. I just want to make sure she will be okay as well.What is the name of your state (only U.S. law)?

 

[Just Blue]

What is the name of your state (only U.S. law)? MASS

I am currently seeking modif. for time w/child. (My ex and I, share joint phys

& leg. custody--if this info is needed--also I pay more than what is asked

for as far as support guidelines are concerned) I am seeking more time with

children (equalivant to half the week) as well as no support. Ex's lawyer sent

request for financial statmt. I gave all my proper information. In court, will

current wife's finance's come into question? (We have the house in both our

names but she pays 3/4 of the mortgage as well as her bills in her name and

other household costs) She has been so supportive to me and is wonderful

with the kids. I just want to make sure she will be okay as well.What is the name of your state (only U.S. law)?

How far apart do you and the children live? Are you looking for a modification of custody in order to not pay support? What reason are you seeking 50% custody? How long has the existing order been in place?

 

[bobcourtpro]

In court, will

current wife's finance's come into question?

No, it is not a factor.

And none of the questions asked of you by Blue Meanie is relevant to your question.

 

[Just Blue]

No, it is not a factor.

And none of the questions asked of you by Blue Meanie is relevant to your question.

Yes, they are. The answers will determine the likelihood of this OP getting 50/50 custody.

And the court could very well CONSIDER the wife's income.

When is the last time you went to Probate Court here in Massachusetts??

 

[keyster67]

we live 5 minutes away to be close. Like I said before I am seeking to be with my child more with the legalities behind it. My ex is always working, gone out, or elsewhere and I take care of my child when she is gone and I am not at work. I watch my child prior to me leaving to work. IT IS IN NO WAY FOR A CUT IN MONEY. In fact, she does not even use the money towards the child. I pay additional things--food, clothing, etc. she uses the money for herself. I just want to help my kid with school, sports, fun. etc. and I wish for the court to put it in writing--because my ex denies me sometimes to be with my child when I would like spend time with the child. She gives the child to me when SHE WANTS TO DO SOMETHING. Believe I thought if I gave her the house (no battle involved) to make certain my child would not be without a proper home, and agreed to a hefty pychk. I never would've thought she would deny me still.

 

[keyster67]

I'm terribly sorry I forgot to answer your other question--it has been 3 years maybe?? Her relative helps her with the child every once in a while when we both are working and I am unable to help. I never denied her a thing and the reason why I didn't ask for it in the beginning was I ended up living in a small place that could not properly raise my child (money issue, as I said before, I gave the house to her for my child) I truly love my child more than anything and want the best. But I want the legal backing so my child cannot be hurt by her denying me (as well as me feeling hurt for my child--I admit that)

 

[bobcourtpro]

Yes, they are. The answers will determine the likelihood of this OP getting 50/50 custody.

And the court could very well CONSIDER the wife's income.

When is the last time you went to Probate Court here in Massachusetts??

He didn't ask you about the likelihood of any custody arrangement. He asked about his wife's income. Read the title. Read the post.

 

[Just Blue]

He didn't ask you about the likelihood of any custody arrangement. He asked about his wife's income. Read the title. Read the post.

Read the Forum Name.

 

[Ohiogal]

No, it is not a factor.

And none of the questions asked of you by Blue Meanie is relevant to your question.

I don't know who you are but Blue Meanie asked the proper questions. 50/50 custody doesn't happen if the parents are living far away. Distance matters.

 

[Ohiogal]

He didn't ask you about the likelihood of any custody arrangement. He asked about his wife's income. Read the title. Read the post.

You are not going to last long here if you keep this up. What type of court pro are you?

 

[haiku]

The questions are pretty relevent when it coems to a mass court room as both things will likely be heard together, and if there is no basis for the custody change, our op may just get stuck with more child support for his effort.

from the sounds of subsequent postings it seems our OP needs to tell us what the actual visitation order is, as they claim they are being denied time with the kid. It may or may not have been wiser for dad to have tried to just enforce any court ordered visitation, and not gone for custody-which is a difficult thing to change.

 

[LdiJ]

The questions are pretty relevent when it coems to a mass court room as both things will likely be heard together, and if there is no basis for the custody change, our op may just get stuck with more child support for his effort.

from the sounds of subsequent postings it seems our OP needs to tell us what the actual visitation order is, as they claim they are being denied time with the kid. It may or may not have been wiser for dad to have tried to just enforce any court ordered visitation, and not gone for custody-which is a difficult thing to change.

From the whole way that things were worded, I suspect that its "extra" time that mom is denying...or she is insisting that they trade occasionally.

 

[keyster67]

the lawyer stated legally she cannot get anymore from me especially now that she has a job (before the ex did not). The extra time is time to spend with the child without the reason being the ex wants to go out and night, or work, or when she has a date. I have no issues with taking the child since it's less traumatic for child to see mom come home with a different guy every few weeks. It's not fair that I have to come up with an excuse as to "who is the strange guy at home daddy?" If it's a nice day and I call to ask if I can take the child to go to the park and play or go to the zoo...she says no. I have the child 2 days out of the week per court order every other week. Also to make it clearer, I was working midnights so I was unable to take the child extra days. Now new sched., able to do more, have appropriate home, etc. Again I did this in good faith with ex, and I did what was best for the child in the beginning (prior to knowing ex would run amok) There's always more to the story indeed.

 

[LdiJ]

the lawyer stated legally she cannot get anymore from me especially now that she has a job (before the ex did not). The extra time is time to spend with the child without the reason being the ex wants to go out and night, or work, or when she has a date. I have no issues with taking the child since it's less traumatic for child to see mom come home with a different guy every few weeks. It's not fair that I have to come up with an excuse as to "who is the strange guy at home daddy?" If it's a nice day and I call to ask if I can take the child to go to the park and play or go to the zoo...she says no. I have the child 2 days out of the week per court order every other week. Also to make it clearer, I was working midnights so I was unable to take the child extra days. Now new sched., able to do more, have appropriate home, etc. Again I did this in good faith with ex, and I did what was best for the child in the beginning (prior to knowing ex would run amok) There's always more to the story indeed.

The bottom line is that the court order is the court order and that is all that anyone is required to obey.

If the court order no longer suits the situation, then the remedy for that is to file to modify the court order. At that point if the two parents cannot agree on a modification, then the judge will decide based on the merits of the case.

A parent cannot be "punished" by the courts for not agreeing to a change outside of the court orders.

 

[keyster67]

Again I am not caring about what my ex does nor do I have any desire to "punish" the ex for not allowing me to see my child. AND it does not answer my main question. The only reason I mentioned the other stuff was because obviously there was a need for further understanding from where I STAND. Father's do have rights as well especially ones who love their child and will continue to until their last dying breath. I am just trying to get answers because I don't wish for a good woman to go through so much. She makes an honest living and that's all there is to say. So the answer is the court could consider her finances but it depends on the situation......