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custody & no support

  • Thread starter Thread starter indistress62
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indistress62

Guest
What is the name of your state? FL
My husband left 4 months ago and divorce is now filed. During this time he had disconnected the electric, which was in his name and the phone. I recovered it now in my name. He has not paid any expenses or offered too. He is asking for custody, will his malicious act of disconnecting the electric etc. possibly be used against him in a custody fight?
 


ellencee

Senior Member
If he intentionally deprived his children of having electricity to their place of residence, I don't think the judge is going to like it one little bit. I also don't think the judge is going to like his taking such an action before the divorce is granted and issues of support and maintenance have been settled; it's as if he has decided the case before the judge had a chance to hear the case.

Best wishes,
EC
 
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hexeliebe

Guest
Although all of the facts you listed 'could' be considered in a custody fight, there is no way anyone can tell you here what a judge will consider and what will be ignored.

The mere fact that the electricity was turned off in and of itself is not immediate grounds to deny custody. You live in Florida. Did the temperature get below freezing any of the days the electricity was off? How long did you wait until having the electricity put in your name?

What were the circumstances of his leaving? How old are the children?

All of these issues and more will be considered when custody is granted.

As for the support while he is gone, there is nothing in the law that requires him to pay any support until ordered to do so by a court.

In other words, your next stop should be to an attorney to answer his petition for the divorce.
 
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indistress62

Guest
The answer has been filed and the children are 3 and 13. He is illeagly in this country and he was issued a pick up order from Homeland Security today. As far as the electric, no it was not freezing, but the calling of FPL and telling them that no one was living in the home and that it no longer required electricity.
He is seeking custody as his last alternative to remain in the U.S.
 
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CaliCat

Guest
Geez, I know of a father whose ex is doing that, trying to get custody of a child to stay here. (After she got pregnant, she asked him if is would be okay to bring her HUSBAND AND CHILDREN over here!!!)

My boyfriend is in a custody battle inw hich the judge on the 23rd isn't even going to be hearing about the molestation, beatings, drug use, child porn, etc., that occured when in the bio-mom's presence, even though there is proof. The judge will only listen to the charges of abandonment by the mother. The little girl is 4.

So there is no way to know what the judge will listen to or take into cinsideration regarding custody. If it makes you feel better, I think the cards are stacked in your favor not only as the mother (I hate this, but most judges seem to think mothers "own" the children), but that you have been the children's caregiver, as well as this.
 

dixygrl04

Member
If you are separated, I would have everything that wasn't in my name, that you want to keep, utilities, credit cards, bank accts, insurances, etc, switched over, just so that what happened with the elec. won't happen with other things. When I separated from my ex husband, he went and had my car ins cancelled, w/o my knowledge, and my car was stolen that very day. What pissed me off, is it was in both our names, and in situations like that, both parties are supposed to sign for it to be cancelled, altered, etc. I was outraged by the ins. company. But I learned a quick lesson, have everything switched into my name or cancelled, whatever necessary. This may give you some peace, judges usually give custody to moms unless they are proven unfit. If he is illegally in the country, that is an issue of it's own. Most dads try for custody to get out of paying child support anyway. My ex tried that this past yr. Of course there was nothing to back it up, it was clear he was trying to get out of back pay he owed, which as usual, I received when he filed taxes. Of course, he still tries to say he isn't behind, and I've received backpay from his past 2 income taxes and will this yr also, be he insists he isn't behind, I mean denial can be bad!One thing I have learned over 8 yrs time also, is I always tried to just let some things go, financially, going back to court, hiring attorneys hasn't always been good, but this year, we were in court from jan until april. and since then when he calls me with his bs and we can't agree, I contact my attorney and I think he realizes that I am doing what is legally right, just like he claims too, also.
 

nextwife

Senior Member
" He is illeagly in this country and he was issued a pick up order from Homeland Security today."

I'm guessing, due to the timing, that you had something to due with the pickup order? If so, that may really come back to bite you financially if he's deported. I do not know what wages are in his native country, compared to here, but I'll bet they are lower. The CS will be based upon his income. If he's making significantly less, then the CS order will reflect that. Additionally, some places are very hard to collect CS from, and some will not enforce a US CS order.
 
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indistress62

Guest
No, I had nothing at all to do with the pick up order. He has had a deportation order since before I even met him. I knew nothing of this until months into the marriage upon finding out I was pregnant. He went to immigration court last month and he keeps paying attorneys and looking for other channels to stay in the U.S. His last resort is coming up on Jan. 26, supposed to be a final hearing, but who knows. He will now try to file as a battered spouse under the VAWA. I will feel a hell of a lot safer if he is picked up. There are a lot of issues here. I had a restraining order against him last year, I have been in domestic violence counseling because of his abuse for the first 2 years of the marriage, shall I go on. I just pray for me and my childrens saftey, God is in control and if he is deported, no loss to me, besides he married me for citizenship purposes which I found out about the 3 months into the marriage as well, shall I go on!!!!
This is a guy with issues, such as sleeping in the closet, head banging etc.
Thanks for you all's response and God Bless
 

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