ex-parteand charges of abuse

[jen14me]

my ex and i were divorced in oct of 2000, since then he has not worked and i was also fired from my job in nov. he was unhappy that the judge gave us joint custody,with no child support. now jan.2001 he has filed an ex-parte on me for him and the 3 kids because of a fight i and my 9 year old had this weekend which ended in him running away and receiveing a briuse on his right arm and leg. my ex has also filed charges of abuse on me and is now asking for child support again because i am due to start a new job on monday,and he still is not working.he charged me with kicking and beating my 9 year old, which i did not do. i have witnesses on my behalf,my roommates,that he climbed out the bedroom window,and the bruise on his arm was from him pulling away from me as i tried to bring him back home.my son has a history of violent outbreaks and has been in therepy for years because of this. do i have any major reason to worry,this is a felony charge. but i have not done anything wrong. do i need to get docomented history of my son's behavior to take to court? i cant afford a lawyer on short notice,court is in one week on ex-parte, date not set on abuse yet, HELP!!

ex-problems in missouri

 

[cdcard]

Dear jen14me:
Sounds like you can't afford NOT to hire an attorney! This is quite a mess. First, you say your ex "filed an ex parte" on you, then you say felony charges are pending. Sounds like you have 2 legal matters in front of you: criminal charges brought by the DA's office and impending change of custody from your ex in family law court. I recommend you consult with a local criminal defense attorney immediately to find out exactly what the DA's charges are and what your worst case scenario is. As to your ex's request for child support: In many states, courts can base child support orders on a person's earning capacity (as opposed to actual earnings). I don't know if Missouri is one of those states but check this out: if so, ask the court to order child support based on your ex's earning capacity. You may want to consult with a local family law attorney on this; they will know Missouri law and how local family law courts handle these matters better than I do. It also sounds like your ex may be setting you up to take custody of the child; that would explain the child abuse charges. Again, a local family law attorney should be advise you on what you need to do to keep custody. Best of luck to you.