What can she accomplish?

[Becki C.]

What is the name of your state? tennessee

my husband has custody is his two kids from a previous marriage. ex is on supervised visits and has been for 7 years. the divorce papers state this only: "the mother shall have supervised visitation". that's it. that's all it says. however, my husband has allowed his ex every other friday from 5 p.m. until Saturday at 7 p.m., 2 weeks during the summer and alternate holidays. the kids do not stay with her until sunday because my husband insists they be in church on sunday and his ex does not go. the visitations take place at ex's mom's house or ex's grandmother's house.

ex is mad now because my husband turned in her new place of employment and garnishment for child support owed ($325 per month) will be taken out. she's also over $20,000.00 behind in child support. she said she intends to take my husband to court for "better visitation" and she wants her son also, not her daughter. she says she is "more bonded" to her son and the daughter is "more bonded" to dad. my husband's ex lives with her disabled grandmother, disabled uncle and two year old daughter (by another man she never married and receives no child support from) in a 3 bedroom 1,000 sq. ft house. there have been physical confrontations and verbal confrontations between my husband's ex and her uncle in which hitting has been involved when the kids were there for visits. she told me she brings home $146.00 per week and she's very far behind, as i mentioned earlier, on child support.

my questions are these:

1. what can she accomplish by dragging my husband to court?

2. how much more liberal could my husband be with the visitation since she says she wants "better visitation"?

3. would the judge give her more visitation than what my husband now allows?

4. could she be taken off "supervised visits"?

any insight or comments will be appreciated. thanks

 

[VeronicaGia]

I have to laugh at her. She's been on supervised visitation for seven years, never once trying to change that? And now she thinks she's going to demand that a judge suddenly change that schedule with only one child because "she bonded more with that child then the other." LOL!

Well, no one can tell you what a judge will do, but this is a common ploy. She finally has to pay support and now she wants to change visitation, but only with one child. The judge may well give her unsupervised visits or change the schedule, but if you husband has been keeping track, the judge may just order exatly what's been happening already.

Your husband could agree, and give her in writing what he's already been doing. It will look like more visitation to the judge, but she'll still have to pay support.

 

[Becki C.]

my husband's ex has never, not once attempted to take him to court for any change in her "supervised visitation" staus. she once told me as long as she got to see the kids, she didn't care if it was supervised.

my husband said he had no problem whatsoever putting in writing his arrangements with her and even offered to split the cost of such a petition with her, but she refused. she said a "verbal agreement" was fine with her. she said she couldn't afford to pay half of any expenses.

she did tell me today that since he is garnishing her wages that she intends to only work 20 hours per week, as opposed to the usual 30 and not only will it lower what is taken out, she will get a full time job elsewhere and rake in that money. in tennessee, my husband cannot legally get more than exactly 50% of her income. but if the full amount is not coming out of her part-time job, can we not garnish anything out of her 2nd job? does she have to tell us who she is working for in that 2nd job or can she "hide" it? i would think we can get the money out of her 2nd job if her 1st job does not pay the full amount. am i wrong about that?

also, can she be taken to court and "forced" through an order from the judge to tell where her second job is in order for us to get the full amount?

 

[VeronicaGia]

my husband's ex has never, not once attempted to take him to court for any change in her "supervised visitation" staus. she once told me as long as she got to see the kids, she didn't care if it was supervised.

my husband said he had no problem whatsoever putting in writing his arrangements with her and even offered to split the cost of such a petition with her, but she refused. she said a "verbal agreement" was fine with her. she said she couldn't afford to pay half of any expenses.

she did tell me today that since he is garnishing her wages that she intends to only work 20 hours per week, as opposed to the usual 30 and not only will it lower what is taken out, she will get a full time job elsewhere and rake in that money.

***Sshhh. Don't tell her this, but when she gets that new full time employment, the employer, under federal law, will have to report her employment, and the Federal Office of Child Support Enforcement will know she's working full time and part time! That is, if she doesn't work 'under the table."

in tennessee, my husband cannot legally get more than exactly 50% of her income. but if the full amount is not coming out of her part-time job, can we not garnish anything out of her 2nd job?

***Yes, he can.

does she have to tell us who she is working for in that 2nd job or can she "hide" it? i would think we can get the money out of her 2nd job if her 1st job does not pay the full amount. am i wrong about that?

also, can she be taken to court and "forced" through an order from the judge to tell where her second job is in order for us to get the full amount?

**Yes.

 

[Becki C.]

thank you.