What is the name of your state? PA
Here is a brief history. A year ago my husband's ex took him to court for more CS. He was ordered to pay $1200.00 mo for (3) children to his ex. We have 50/50 custody of the children. They live with us exactly the same amount of time as they do with his ex. His support amount was set based on the fact the she claimed she was unable to work due to suffering from panic attacks and anxiety. We did not get a deviated amount based on the 50/50 custody based on this issue. The judge at that time gave his ex 12 months to get herself healthy. After the 12 month time period if she was still unable to work she would have to prove in court at her expense that she was still unable to work. In this time period his ex quit going to her therapy sessions, went off of her medication due to becoming pregnant and has been turned down by social security. She was also "well" enough to help coach her daughters cheerleading squad and participate in dart leagues where she won an MVP award. Fastforward to now, she is still claiming she is unable to work due to these conditions. We are as always back in court over the money issue to get her an earning capacity assigned, but does anyone know if it would be worth our while to try to get temporary custody for her to get herself "well" as the judge ordered her to a year ago? There is now a new judge handeling the case. If so, in what direction should we go? I know these are real issues and have been trying to do research on them but am finding it hard to find any really helpful sites on these conditions. Would we be able to argue that if she isn't well enough to do any kind of work - for example, work in a daycare - then she should not be able to take care of 5 children (the three she has with my husband, the new baby, and her boyfriends daughter from a previouse relationship that lives with her five days a week.) in her home without having her panic attacks and anxiety under control? Does anyone know where there may be any kind of literature or even any existing cases that I could look at to research a situation like this? We are wondering if it would be in the kids best interest to try for full temporary custody until she got herself healthy enough to hold down a job and then go back to the 50/50 custody that is in place now. The way things are right now we seem to be supporting the kids 150% and her 0. The kids are the ones losing out and if there really is something wrong with her it would be in all parties best interest for her to get healty. Does anyone have any idea of how a judge will look at how she went about her life the past year without getting the help she needed and they may just give her an earning capacity and if so should we leave it go at that if support gets modified? Thank you for any advice you may have.
Here is a brief history. A year ago my husband's ex took him to court for more CS. He was ordered to pay $1200.00 mo for (3) children to his ex. We have 50/50 custody of the children. They live with us exactly the same amount of time as they do with his ex. His support amount was set based on the fact the she claimed she was unable to work due to suffering from panic attacks and anxiety. We did not get a deviated amount based on the 50/50 custody based on this issue. The judge at that time gave his ex 12 months to get herself healthy. After the 12 month time period if she was still unable to work she would have to prove in court at her expense that she was still unable to work. In this time period his ex quit going to her therapy sessions, went off of her medication due to becoming pregnant and has been turned down by social security. She was also "well" enough to help coach her daughters cheerleading squad and participate in dart leagues where she won an MVP award. Fastforward to now, she is still claiming she is unable to work due to these conditions. We are as always back in court over the money issue to get her an earning capacity assigned, but does anyone know if it would be worth our while to try to get temporary custody for her to get herself "well" as the judge ordered her to a year ago? There is now a new judge handeling the case. If so, in what direction should we go? I know these are real issues and have been trying to do research on them but am finding it hard to find any really helpful sites on these conditions. Would we be able to argue that if she isn't well enough to do any kind of work - for example, work in a daycare - then she should not be able to take care of 5 children (the three she has with my husband, the new baby, and her boyfriends daughter from a previouse relationship that lives with her five days a week.) in her home without having her panic attacks and anxiety under control? Does anyone know where there may be any kind of literature or even any existing cases that I could look at to research a situation like this? We are wondering if it would be in the kids best interest to try for full temporary custody until she got herself healthy enough to hold down a job and then go back to the 50/50 custody that is in place now. The way things are right now we seem to be supporting the kids 150% and her 0. The kids are the ones losing out and if there really is something wrong with her it would be in all parties best interest for her to get healty. Does anyone have any idea of how a judge will look at how she went about her life the past year without getting the help she needed and they may just give her an earning capacity and if so should we leave it go at that if support gets modified? Thank you for any advice you may have.
