killerzoey
Member
What is the name of your state (only U.S. law)? HI
Please let me know if this is better addressed in the custody forum.
STBX has refused to help financially during the course of our now half-year separation because according to him I "have the greater earning potential". This is true, partly because I try to work as much as I can, whereas he does not have a job. The kids live with me. He loves them and sees them quite often, but I even supply the diapers and food for the visits. He lives off a meager trust and does as little as possible other than surf. Our youngest is still an infant and our preschooler only goes part time to school. I could theoretically get a full time job and support us given my trade, but my industry is practically nonexistent here. I currently do freelance work but it is not faring very well at the moment due to distance decay (clients in another state).
I am aware that he may be imputed an income because he is able-bodied, just lazy and unmotivated (and extremely entitled). He has a trust fund but even if I manage to prove its existence, it currently amounts to less than a full time minimum wage job.
STBX and I are both from the same state, and in that state as well are all my clients, and 99% of their jobsites. It would help my freelance business for me to be able to visit both the clients and jobsites, as I used to do when I lived there and did this same work.
I am considering taking this to court and trying to get permission to move to our home state based on financial prospects (low here/high there). If I wait until the move is financially necessary (estimated by me to occur within a few years) I fear that by definition I won't have the money to go to court to try to get permission to move.
Part of my proposal would include mentioning the fact that STBX can relocate if he chooses as well. He may not want to do so but his reasons for doing most anything have been very selfish and I don't think the court will view them as anything else. The waves are good here and the water is warm. He has no job here, as I mentioned. If he wants to be near his kids, he can easily move back. He has a house he can move into that he will inherit in the future (along with a very large sum of money and probably yet another house).
The move would help me provide economic stability, as I could live with family with low overhead while the kids are young, doing my current freelance work. Once they are in school I could take a full time job in my industry. I have a few long standing verbal job offers from my current clients, which I could ask be put in writing for me.
Our families live there too, and we have wonderful families who love our kids.
I do not want to harm our kids' relationship with their dad, but I am the only one considering their financial needs, or their need for relationships with their extended family members. He is not "in reality" about things. Considering all the factors, including how feasible it would be for him to move as well, do you think I have a shot at convincing a court that a move would be in the kids' best interest? Thanks.
Please let me know if this is better addressed in the custody forum.
STBX has refused to help financially during the course of our now half-year separation because according to him I "have the greater earning potential". This is true, partly because I try to work as much as I can, whereas he does not have a job. The kids live with me. He loves them and sees them quite often, but I even supply the diapers and food for the visits. He lives off a meager trust and does as little as possible other than surf. Our youngest is still an infant and our preschooler only goes part time to school. I could theoretically get a full time job and support us given my trade, but my industry is practically nonexistent here. I currently do freelance work but it is not faring very well at the moment due to distance decay (clients in another state).
I am aware that he may be imputed an income because he is able-bodied, just lazy and unmotivated (and extremely entitled). He has a trust fund but even if I manage to prove its existence, it currently amounts to less than a full time minimum wage job.
STBX and I are both from the same state, and in that state as well are all my clients, and 99% of their jobsites. It would help my freelance business for me to be able to visit both the clients and jobsites, as I used to do when I lived there and did this same work.
I am considering taking this to court and trying to get permission to move to our home state based on financial prospects (low here/high there). If I wait until the move is financially necessary (estimated by me to occur within a few years) I fear that by definition I won't have the money to go to court to try to get permission to move.
Part of my proposal would include mentioning the fact that STBX can relocate if he chooses as well. He may not want to do so but his reasons for doing most anything have been very selfish and I don't think the court will view them as anything else. The waves are good here and the water is warm. He has no job here, as I mentioned. If he wants to be near his kids, he can easily move back. He has a house he can move into that he will inherit in the future (along with a very large sum of money and probably yet another house).
The move would help me provide economic stability, as I could live with family with low overhead while the kids are young, doing my current freelance work. Once they are in school I could take a full time job in my industry. I have a few long standing verbal job offers from my current clients, which I could ask be put in writing for me.
Our families live there too, and we have wonderful families who love our kids.
I do not want to harm our kids' relationship with their dad, but I am the only one considering their financial needs, or their need for relationships with their extended family members. He is not "in reality" about things. Considering all the factors, including how feasible it would be for him to move as well, do you think I have a shot at convincing a court that a move would be in the kids' best interest? Thanks.