Opinions Please

[Zephyr]

Well my husband is still trying to figure out what to do he spoke to another attorney in Kentucky and the attorney told him he was supposed to get a explanation of provisions form with his DVO Order telling him what he can and can't do so he called the attorney he used in the DVO Order back and he said that the order meant no calls no mail nothing my husband asked him what about him be able to go to the child's school functions and things and the attorney said if she is there the answer is no and no other attorney wants to help my husband with it because he has hired one to deal with it already. I have a few questions to ask though if You don't mind since my husband has court in August of 2006 can he ask for some changes on his parenting time or is that a bad idea so soon I mean they will already be in court anyways and also my husband is supposed to get a settlement from an accident he was in he got run over by a trucking company people keep telling my husband that his son's mother can get so much of the money is this true or no? Any input would be appreciated. Thanks!

have you asked dad's lawyer about getting temp orders for the time between now and august, I don't know if cs would apply to an accident settlement or not.

 

[barrett21]

Well the attorney in Ky says that the attorney in Tn has to file a modification for the phone calls and mail and stuff but the attorney in Tn says the attorney in Ky has to file because even if my husband's files in Tn it does nothing about the DVO Order in Ky because the modification is not in Ky. It is a big mess it's so confusing. I just wondered if they would like change child support because of the settlement or how that stuff worked.

 

[Zephyr]

Well the attorney in Ky says that the attorney in Tn has to file a modification for the phone calls and mail and stuff but the attorney in Tn says the attorney in Ky has to file because even if my husband's files in Tn it does nothing about the DVO Order in Ky because the modification is not in Ky. It is a big mess it's so confusing. I just wondered if they would like change child support because of the settlement or how that stuff worked.

I would suggest setting up a conference call between the two attorneys and you and your hubby, that way they can't keep running you in circles

 

[barrett21]

Good Idea.

That sounds like a good idea I just hope they will take the time to do it the attorney in Ky was only hired for that one day so I don't know if he will mess with it anymore everytime my husband calls he seems like he wants to just blow him off he told my husband no phone calls, mail or nothing and my husband said the Judge said if they needed to talk to use third party I asked the attorney what thrid party meant he said attorneys only they can't use attorneys forever my husband has his son this week for christmas and his ex already has her brother calling my house we weren't there when they called someone else was with the kids we didn't even know they called until my husband's son said uncle John called me they called blocked of course. My husband's son said that his uncle said he was going to call him today to they do that everytime he gets more than a weekend her whole family calls. It gets old my husband don't know whether to answer the calls or what to do he don't want no more trouble with her but he thought they were to be no contact.

 

[Zephyr]

That sounds like a good idea I just hope they will take the time to do it the attorney in Ky was only hired for that one day so I don't know if he will mess with it anymore everytime my husband calls he seems like he wants to just blow him off he told my husband no phone calls, mail or nothing and my husband said the Judge said if they needed to talk to use third party I asked the attorney what thrid party meant he said attorneys only they can't use attorneys forever my husband has his son this week for christmas and his ex already has her brother calling my house we weren't there when they called someone else was with the kids we didn't even know they called until my husband's son said uncle John called me they called blocked of course. My husband's son said that his uncle said he was going to call him today to they do that everytime he gets more than a weekend her whole family calls. It gets old my husband don't know whether to answer the calls or what to do he don't want no more trouble with her but he thought they were to be no contact.

he needs to not answer the phone at all when he has the child unless it is a number he recognizes and someone he wants to talk to, mom is purposefully trying to disrupt the visit

 

[barrett21]

Exactly right

This morning I had one of those things put on the phone were it will not let blocked numbers come through so if they call they will have to show a number he still is not going to answer the phone though. The attorney in Tn told him last summer he only had to let Jordyn talk to his mom and she is not supposed to call our house so I don't see how he can get into trouble he just dont want her family saying he is denying calls and starting trouble but I'm afraid if they start to call it will cause trouble anyways the Judge in Ky told him if he talked to her even if she okayed it he could still get into trouble for that. I think she is trying to push my husband to break the DVO Order she had put on him. Just like the other weekend we went to get his son we were ten minutes early there she sat parked at the store right next to where we are supposed to meet parked facing were we have to park and waited until time then started her car pulled up to the store some more went in and then came over there late just to try to upset my husband to say something to break that stupid thing. I wish someone on here knew though about the whole settlement thing he pays child support now he is not able to work I just wonder if she gets more money because this money will be his only income for a while.

 

[Zephyr]

This morning I had one of those things put on the phone were it will not let blocked numbers come through so if they call they will have to show a number he still is not going to answer the phone though. The attorney in Tn told him last summer he only had to let Jordyn talk to his mom and she is not supposed to call our house so I don't see how he can get into trouble he just dont want her family saying he is denying calls and starting trouble but I'm afraid if they start to call it will cause trouble anyways the Judge in Ky told him if he talked to her even if she okayed it he could still get into trouble for that. I think she is trying to push my husband to break the DVO Order she had put on him. Just like the other weekend we went to get his son we were ten minutes early there she sat parked at the store right next to where we are supposed to meet parked facing were we have to park and waited until time then started her car pulled up to the store some more went in and then came over there late just to try to upset my husband to say something to break that stupid thing. I wish someone on here knew though about the whole settlement thing he pays child support now he is not able to work I just wonder if she gets more money because this money will be his only income for a while.

are your pm's on?

 

[barrett21]

no

No i'm not familiar with all of this sorry. I just have e-mail is all that I know lol.

 

[Zephyr]

No i'm not familiar with all of this sorry. I just have e-mail is all that I know lol.

you can turn them on in your edit profile screen

 

[barrett21]

I found it

I found it but I don't have like to screen name or buddy list or anything like that I just come on here sometimes I'm sorry unless if I am doing this wrong. I only have my e-mail address.

 

[weenor]

Child Support

I wish someone on here knew though about the whole settlement thing he pays child support now he is not able to work I just wonder if she gets more money because this money will be his only income for a while.[/QUOTE]

Not really enough facts, but here goes. If he has an arrearage (i.e. if he has not paid since the accident), that arrearage can most definitely be attached to any settlement. If he is current on CS, he must remain current despite his inability to work unless he gets the court to order a reduction based on his inability to work.

Ex cannot get a % portion of the settlement for additional CS and probably could not get a court ordered increase based solely on a one time cash settlement.

 

[barrett21]

current

He is current on his child support when the accident occured they asked me if we wanted to stop paying when he was hospitialized I told them no I would pay it for him and I have since so it is current. This is a settlement for pain and suffering and for his inability to work now. It will be a one time payment from what I understand it's just people keep telling even with him paying child support and not being behind she can still take him to court for a % because they have a child. I already pay for his child support and the gas and costs of traveling every other weekend to Ky and stuff for visits.

 

[barrett21]

Anymore input?

Anybody got anymore input?