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Ex not following 3 things in divorce, but I'm very concerned about oldest daughters safety

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Rn2761939

Member
What is the name of your state? Indiana

10/19/15 I was awarded a divorce in IN. I was awarded full physical custody, & joint legal custody of our 2 children, now 17 & 13, with ex given visitation pursuant with the IN parenting guidelines. The divorce & custody order states on#8 (a) Husband shall not consume alcoholic beverages when either of the children are in his primary care.This is my urgent matter.
In Feb I was told by my children he was drinking daily and using cocaine & weed. I called anonymously to cps and she did come talk to the children & ex but nothing happened.
May 2020, ex entered a rehab center for 45 days. Upon returning home he informed me via text message that he began drinking immediately.
There have been multiple instances where my daughter has been over there & needed me to pick her up bc ex was drunk. Oldest daughter has been staying at ex's house more than basic visitation schedule, Which I didnt mind however with him drinking I am very concerned. However she wants to stay over with him bc he's not "present" and has no rules". Ex allows her boyfriend to spend the night there with her, ect... that would not happen away my house. I want her back here with me primarily.
He's drinking daily & now has invited a female he met while in detox over to stay who drinks and has a history of heavy drugs and sugardaddy situations. I very much worry my oldest daughter (17) could get wrapped into this stuff.
#20 of divorce states here must pay 50% of uninsured dental bills, including braces. He's not paid anything. I've paid $900 total, we owe $4000 for oldest and $2500 for youngest.
#21 of divorce states husband is to claim oldest child and I claim youngest on taxes. 2019 I found out he claimed both, recieved large refund bc earned income & child credit plus he received both their stimulus check.
Lastly, he's been harassing me on and off sexually for months. I'm scared once I file against him he will retaliate & whole drunk recently he made a comment that he's not stupid enough to hit me but he's got a girlfriend who wouldn't mind helping him out. I'm disabled & have an internal pain pump. If that was hit I could die. I'm fearful of him.
 
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LdiJ

Senior Member
What is the name of your state? Indiana

10/19/05 I was awarded a divorce in IN. I was awarded full physical custody, & joint legal custody of our 2 children, now 17 & 13, with ex given visitation pursuant with the IN parenting guidelines. The divorce & custody order states on#8 (a) Husband shall not consume alcoholic beverages when either of the children are in his primary care.This is my urgent matter.
In Feb I was told by my children he was drinking daily and using cocaine & weed. I called anonymously to cps and she did come talk to the children & ex but nothing happened.
May 2020, ex entered a rehab center for 45 days. Upon returning home he informed me via text message that he began drinking immediately.
There have been multiple instances where my daughter has been over there & needed me to pick her up bc ex was drunk. Oldest daughter has been staying at ex's house more than basic visitation schedule, Which I didnt mind however with him drinking I am very concerned. However she wants to stay over with him bc he's not "present" and has no rules". Ex allows her boyfriend to spend the night there with her, ect... that would not happen away my house. I want her back here with me primarily.
He's drinking daily & now has invited a female he met while in detox over to stay who drinks and has a history of heavy drugs and sugardaddy situations. I very much worry my oldest daughter (17) could get wrapped into this stuff.
#20 of divorce states here must pay 50% of uninsured dental bills, including braces. He's not paid anything. I've paid $900 total, we owe $4000 for oldest and $2500 for youngest.
#21 of divorce states husband is to claim oldest child and I claim youngest on taxes. 2019 I found out he claimed both, recieved large refund bc earned income & child credit plus he received both their stimulus check.
Lastly, he's been harassing me on and off sexually for months. I'm scared once I file against him he will retaliate & whole drunk recently he made a comment that he's not stupid enough to hit me but he's got a girlfriend who wouldn't mind helping him out. I'm disabled & have an internal pain pump. If that was hit I could die. I'm fearful of him.
If you have primary custody officially, then you can just make your daughter stay at your house except for dad's time according to the parenting time guidelines. However the minute she turns 18, she is free to live wherever she wants.

If your youngest child primarily lives with you, then you could have filed a paper return (mailing it in instead of electronically) claiming your child, and the IRS would have given you your refund and investigated the duplicate claim, down the road. Since your ex would not be able to prove that the child primarily lives with him, he would have to pay back the excess refund he received. You can also amend your return to do that now if you want to. There is nothing that he can do about that.

If he is threatening you, you file for a restraining order against both him and his girlfriend, if necessary.
 
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commentator

Senior Member
What do you want to happen? Seriously. Are you saying you want the total custody of your children to be total custody now? Are you saying you are prepared for this? Are you ready to say you will be ready to go to court and re-do the entire custody situation, financial arrangements, everything? Think this through. You say, pretty much that you want the custody arrangements to be followed. This generates that you want what you already have, as far as the arrangements, you want them not changed, but followed somewhat more closely. And that is what you would have to try to bring about without the assistance of the courts right away.

You catch my attention when you say your husband is a drug user, heavy drinker, cocaine and weed, etc. This is not something you have just become aware of. And then you mention that you have an internal pain pump, are disabled. And it sounds like you've been letting the children be around him very generously for a long time. It doesn't much sound like you're in good shape to have total custody of the children perhaps? Do you think you'd be able to control where your 17 year old goes and what she does? Are you up for full time with two teenagers at least one of whom is very used to having life without rules? Before too long, at this point, the 17 year old will be outside your control anyway.

It sounds as though you are comfortable with the situation or have accepted it for a long time. You mention 2005, that's fifteen years, and "multiple incidents" of you having gone to pick up the children. What has changed recently that would qualify as a "change of circumstances" worth taking things back to court and asking for a change in custody arrangements? Obviously he's still gainfully employed at something to produce income. It appears that he's been paying for quite a while now, just failing to come up with the braces money?

Giant question, what do you mean "harassing me on and off sexually for months"? How can he do this without you being in pretty close contact with him? And apparently it has gone on and on for months without you making any decisive actions. So he what, comes over and hits on you? Makes obscene comments on social media to you? Do you want a restraining order? Are you saying that if you take him back to court he has threatened that his new girlfriend is going to beat you up? Let's try to get some clarity about exactly what you want fixed in this situation.
 
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Rn2761939

Member
If you have primary custody officially, then you can just make your daughter stay at your house except for dad's time according to the parenting time guidelines. However the minute she turns 18, she is free to live wherever she wants.

If your youngest child primarily lives with you, then you could have filed a paper return (mailing it in instead of electronically) claiming your child, and the IRS would have given you your refund and investigated the duplicate claim, down the road. Since your ex would not be able to prove that the child primarily lives with him, he would have to pay back the excess refund he received. You can also amend your return to do that now if you want to. There is nothing that he can do about that.

If he is threatening you, you file for a restraining order against both him and his girlfriend, if necessary.
My problem is that although I want my oldest to stay with me bc I don't feel comfortable with her over there now that I'm aware of the drinking and drug use, she doesn't want to stay with me. She prefers his house. Police tell me it's a court issue.
I have tried to study the orders and I think my options are contempt of court, and visitation modification.

As far as taxes, normally since I'm on disability I don't file any end of year taxes, but due to stimulus package this year I filed that special "non filer" form, that's how I learned he'd claimed both!
 

stealth2

Under the Radar Member
10/19/05 I was awarded a divorce in IN. I was awarded full physical custody, & joint legal custody of our 2 children, now 17 & 13,
I'm a bit confused here. You have been divorced for ~15 years, yet the younger child is 13?

If you want Dad's parenting time supervised, you need to prove why it is necessary. Even more so to remove any parenting time. What proof do you have of his behavior? Have you instructed the child(ren) to call 911 if Dad is drunk or high? That would be more productive than calling you to pick one or both up.

ETA: If you're not filing taxes, it really isn't unreasonable for him to do so. IMO
 

Rn2761939

Member
What do you want to happen? Seriously. Are you saying you want the total custody of your children to be total custody now? Are you saying you are prepared for this? Are you ready to say you will be ready to go to court and re-do the entire custody situation, financial arrangements, everything? Think this through. You say, pretty much that you want the custody arrangements to be followed. This generates that you want what you already have, as far as the arrangements, you want them not changed, but followed somewhat more closely. And that is what you would have to try to bring about without the assistance of the courts right away.

You catch my attention when you say your husband is a drug user, heavy drinker, cocaine and weed, etc. This is not something you have just become aware of. And then you mention that you have an internal pain pump, are disabled. And it sounds like you've been letting the children be around him very generously for a long time. It doesn't much sound like you're in good shape to have total custody of the children perhaps? Do you think you'd be able to control where your 17 year old goes and what she does? Are you up for full time with two teenagers at least one of whom is very used to having life without rules? Before too long, at this point, the 17 year old will be outside your control anyway.

It sounds as though you are comfortable with the situation or have accepted it for a long time. You mention 2005, that's fifteen years, and "multiple incidents" of you having gone to pick up the children. What has changed recently that would qualify as a "change of circumstances" worth taking things back to court and asking for a change in custody arrangements? Obviously he's still gainfully employed at something to produce income. It appears that he's been paying for quite a while now, just failing to come up with the braces money?

Giant question, what do you mean "harassing me on and off sexually for months"? How can he do this without you being in pretty close contact with him? And apparently it has gone on and on for months without you making any decisive actions. So he what, comes over and hits on you? Makes obscene comments on social media to you? Do you want a restraining order? Are you saying that if you take him back to court he has threatened that his new girlfriend is going to beat you up? Let's try to get some clarity about exactly what you want fixed in this situation.
The divorce date if 05 should've been 2015. My error, I fixed that.
Although I do have full physical custody about 2 years ago my oldest daughter preferred to stay at his house, i didn't mind BUT there was no drinking or drugs that i was aware of.
What do you want to happen? Seriously. Are you saying you want the total custody of your children to be total custody now? Are you saying you are prepared for this? Are you ready to say you will be ready to go to court and re-do the entire custody situation, financial arrangements, everything? Think this through. You say, pretty much that you want the custody arrangements to be followed. This generates that you want what you already have, as far as the arrangements, you want them not changed, but followed somewhat more closely. And that is what you would have to try to bring about without the assistance of the courts right away.

You catch my attention when you say your husband is a drug user, heavy drinker, cocaine and weed, etc. This is not something you have just become aware of. And then you mention that you have an internal pain pump, are disabled. And it sounds like you've been letting the children be around him very generously for a long time. It doesn't much sound like you're in good shape to have total custody of the children perhaps? Do you think you'd be able to control where your 17 year old goes and what she does? Are you up for full time with two teenagers at least one of whom is very used to having life without rules? Before too long, at this point, the 17 year old will be outside your control anyway.

It sounds as though you are comfortable with the situation or have accepted it for a long time. You mention 2005, that's fifteen years, and "multiple incidents" of you having gone to pick up the children. What has changed recently that would qualify as a "change of circumstances" worth taking things back to court and asking for a change in custody arrangements? Obviously he's still gainfully employed at something to produce income. It appears that he's been paying for quite a while now, just failing to come up with the braces money?

Giant question, what do you mean "harassing me on and off sexually for months"? How can he do this without you being in pretty close contact with him? And apparently it has gone on and on for months without you making any decisive actions. So he what, comes over and hits on you? Makes obscene comments on social media to you? Do you want a restraining order? Are you saying that if you take him back to court he has threatened that his new girlfriend is going to beat you up? Let's try to get some clarity about exactly what you want fixed in this situation.
Ok, the divorce date should be 2015, not 2005. I fixed that.

Yes I have an internal pain pump and I'm disabled but I'm not decrepit. I am able to take care of my children, pets, and myself. It's just I have some health issues that enable me from working.
My concern was if this female tried to physically hurt me, i could easily be injured badly.

So to clarify, 2 years ago our oldest stated asking to stay at her dad's apartment (2 blocks away) more and more. He didn't mind, I didn't mind. At that time there was not any daily drinking or any drug abuse that anyone is aware of.
This year, in February my daughter asked me to pick her up a couple nights bc he was drunk. Which i did, they were arguing and I could tell he was drinking. I kind of thought it was a couple isolated events. I did talk to him about it. I actually told our 17 year old that I preferred her to stay with me but she refused. In fact, she was mean about it. I didn't understand why at that point.
Fast forward to April, he stated texting & calling me and would go to sexual subjects. He would come right out and ask for sex, offer me money for sex, ect.. . That's when I figured he was drinking regularly. He was off work due to covid, so he treated this like 1 long weekend to party alone I guess. The oldest daughter would stay with me more and with friends alot (no school) & i tried to talk my ex into rehab. I ended up having to block his number due to the harassing stuff.
Then beginning of may i got 5 calls from my daughters phone (I was in the shower) but it was my ex, very drunk stating he was feeling violent and I needed to come get our daughter. I immediately went there & got her. I heard him yelling at her saying to take all her belongings to move with me bc he hated her bc he hates me. Very sad situation.
I told her as we walked out if he wanted to ho into a rehab to call me, otherwise don't. Next morning he called our daughters phone, asked for me, asked if I'd take him to inpatient rehab. I did.
He stayed there 45 days total. 10 days in detox (where he met this female) then 35 days in rehab, he signed out early, they wanted him to stay another couple weeks as they were concerned with his behaviors with said female.

I unblocked his number bc in rehab he seemed to do very well. When he got home I didn't want our daughter over there yet, but she was anxious to get back. You see he doesn't have any rules there. Her boyfriend can stay the night in her bed, ect... here I have a curfew, no boy in the bedroom, ect.... when I tried to demand she stay here & she went there anyways I called the police and showed I had full physical custody and they said I have to deal with the courts & that bc she's over 16 no matter where she runs away to they won't force her home. *unless she's in danger*
A few days after he was home he started with the sexual texts again and I confronted him, he admitted he was drinking again and had been immediately after getting home.
The female has been there multiple times and I've seen her look very high, unable to open her eyes. I've been clear, I don't want the children around her. When I told my ex he was forcing my hand to take matters to court, he threatened me saying "do whatever you want. I've always ended up making you sorry somehow. I won't put my hands on you but I have a nice lady here who will " since then I've been scared for my car, to walk my dog,ect... I carry my mase.

Our youngest refuses to go to his house since may 2019 bc he treats her so poorly and she was only going every other weekend and she said he'd drink a beer. I don't believe he was getting drunk, but he's ordered not to drink at all. So I guess I should've done this back then. I was hoping he'd listen and put the kids first.
 

Rn2761939

Member
I'm a bit confused here. You have been divorced for ~15 years, yet the younger child is 13?

If you want Dad's parenting time supervised, you need to prove why it is necessary. Even more so to remove any parenting time. What proof do you have of his behavior? Have you instructed the child(ren) to call 911 if Dad is drunk or high? That would be more productive than calling you to pick one or both up.

ETA: If you're not filing taxes, it really isn't unreasonable for him to do so. IMO
I'm sorry I orginally put 2005, it was 2015 we divorced.
We were married in 2003, divorced in 2015. I'm sorry for that confusion
 

Rn2761939

Member
If you have primary custody officially, then you can just make your daughter stay at your house except for dad's time according to the parenting time guidelines. However the minute she turns 18, she is free to live wherever she wants.

If your youngest child primarily lives with you, then you could have filed a paper return (mailing it in instead of electronically) claiming your child, and the IRS would have given you your refund and investigated the duplicate claim, down the road. Since your ex would not be able to prove that the child primarily lives with him, he would have to pay back the excess refund he received. You can also amend your return to do that now if you want to. There is nothing that he can do about that.

If he is threatening you, you file for a restraining order against both him and his girlfriend, if necessary.
The girlfriend didn't say anything to me. But my ex said something to the effect of he won't touch me (bc he's a man) but he can have her do it. Is that enough?
 

Rn2761939

Member
I'm a bit confused here. You have been divorced for ~15 years, yet the younger child is 13?

If you want Dad's parenting time supervised, you need to prove why it is necessary. Even more so to remove any parenting time. What proof do you have of his behavior? Have you instructed the child(ren) to call 911 if Dad is drunk or high? That would be more productive than calling you to pick one or both up.

ETA: If you're not filing taxes, it really isn't unreasonable for him to do so. IMO
As far as taxes, he's claiming the youngest which is directly opposite of what is ordered. That's my point. It allowed him to get $1000 in stimulus money for 2 children when I am paying for their drs, braces, driving to work, clothing school supplies and fees, ect.... he's never paid for a Christmas gift even.

Edit to add: so our oldest is 17, and she protects her dad. It's an unhealthy relationship. She's in therapy, and we're working on getting her to realize she's not responsible for taking care of her father. She'd never call 911 on him unless she thought he was dying.
He has been arrested before (I called) and he's had a dui before, I've had to call police seasonal times throughout our marriage so he has her fearing the police.
 

Just Blue

Senior Member
As far as taxes, he's claiming the youngest which is directly opposite of what is ordered. That's my point. It allowed him to get $1000 in stimulus money for 2 children when I am paying for their drs, braces, driving to work, clothing school supplies and fees, ect.... he's never paid for a Christmas gift even.

Edit to add: so our oldest is 17, and she protects her dad. It's an unhealthy relationship. She's in therapy, and we're working on getting her to realize she's not responsible for taking care of her father. She'd never call 911 on him unless she thought he was dying.
He has been arrested before (I called) and he's had a dui before, I've had to call police seasonal times throughout our marriage so he has her fearing the police.
I highly suggest you and your children start attending al-anon meetings. This will help your children to understand how alcoholism has effected them and to cope with the parent/family member who has a substance abuse issue. Your eldest, per what you have posted, is displaying enabling behavior with her Dad. If she continues on without help, this behavior will play a huge roll in her relationships.




https://al-anon.org/
 

Rn2761939

Member
Let's cut to the chase.

In an ideal world, what is it that you would most want to see happen? What would be the best solution in your view?
I think until he's sober he shouldn't be caring alone for either child.
I also think I'm owed 50%of what I've paid for braces, and pay 50% of the remaining balance to the orthodontist.
I would like to be paid the stimulus package money that was given to him for dependents, and him only claim our oldest as ordered.
I would feel more comfortable with a tro against both for the time being.
 

Rn2761939

Member
I highly suggest you and your children start attending al-anon meetings. This will help your children to understand how alcoholism has effected them and to cope with the parent/family member who has a substance abuse issue. Your eldest, per what you have posted, is displaying enabling behavior with her Dad. If she continues on without help, this behavior will play a huge roll in her relationships.




https://al-anon.org/
I think that's a great idea. I have attended a few online (ones in our area are online only bc covid) and I can get my youngest to attend. My oldest will need to be here with me to attend but I'm going to see if her therapist will also continue to bring that up. She 100% enables him.
After he went to rehab she admitted to me that he was pretty bad, the house never had food, he never cleaned anything, ect... but she feels like she needs to stay with him in case he falls and hits his head and stuff. Breaks my heart.
 

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