IAAL: Opened a can of worms?

[LadyBlu]

HI Guy..
Have a couple of questions for you, will try to be brief.

My atty wrote my 14 yr olds father requesting him to voluntarily do an upward modification of support of $85.00 a month(yes, I realize the court will not order it unless it is over 100.00) and proof of insurance, which he has never provided me in the 11 (almost 12 yrs) of divorce. Now this is the first time I have requested any modification. About 6 yrs ago the AG was processing the support payments and they requested his financials to see if his income had changed to justify a modification and it hadn't.

In this letter that my atty sent him he requested that he reply by March 10th and if he didn't agree to the modification that he would advise me to pursue the matter through the court and he would be requesting that my atty fees be paid by my ex.

So, my ex called me tonight. He is going to hire an atty to fight the modification, but isn't going to pursue custody. The child is old enough to decide whom he wishes to live with and has told dad several times he doesn't wish to live with him.

My ex moved over 8hrs away almost 6 yrs ago. I have a feeling he is going to now request that I be responsible for meeting him 1/2 way for visitations that he only exercises 2-3 times a year. Which I cannot do because of my back problems. I am under Dr's order's not to drive further then 30 mminutes away, and of course the pain meds make that impossible at times too.

Can you predict or see anything else that he may be trying to pull on me?
Thanks in advance..

 

[I AM ALWAYS LIABLE]

HI Guy..
Have a couple of questions for you, will try to be brief.

My atty wrote my 14 yr olds father requesting him to voluntarily do an upward modification of support of $85.00 a month(yes, I realize the court will not order it unless it is over 100.00) and proof of insurance, which he has never provided me in the 11 (almost 12 yrs) of divorce. Now this is the first time I have requested any modification. About 6 yrs ago the AG was processing the support payments and they requested his financials to see if his income had changed to justify a modification and it hadn't.

In this letter that my atty sent him he requested that he reply by March 10th and if he didn't agree to the modification that he would advise me to pursue the matter through the court and he would be requesting that my atty fees be paid by my ex.

So, my ex called me tonight. He is going to hire an atty to fight the modification, but isn't going to pursue custody. The child is old enough to decide whom he wishes to live with and has told dad several times he doesn't wish to live with him.

My ex moved over 8hrs away almost 6 yrs ago. I have a feeling he is going to now request that I be responsible for meeting him 1/2 way for visitations that he only exercises 2-3 times a year. Which I cannot do because of my back problems. I am under Dr's order's not to drive further then 30 mminutes away, and of course the pain meds make that impossible at times too.

Can you predict or see anything else that he may be trying to pull on me?
Thanks in advance..

First, insofar as the traveling is concerned, that's out. All you'd have to do is show a judge your doctor's recommendations concerning your physical limitations, and that lame brained idea would be out the door.

Second, there's always a possibility that he will not only fight the increase, but also fight to have the current amount reduced. It happens in rare occassions. Remember, anytime you go into court, it's a crapshoot. "You pays your dime, yous takes your chances".

And here, I wanted you to drive out to California so that we could have that HOT and TAUDRY affair, and now I come to find out that you can't drive for more than 30 minutes at a time. Well, ain't that the s h i t s !

Good luck.

IAAL

 

[LadyBlu]

Originally posted by I AM ALWAYS LIABLE

First, insofar as the traveling is concerned, that's out. All you'd have to do is show a judge your doctor's recommendations concerning your physical limitations, and that lame brained idea would be out the door.

Second, there's always a possibility that he will not only fight the increase, but also fight to have the current amount reduced. It happens in rare occassions. Remember, anytime you go into court, it's a crapshoot. "You pays your dime, yous takes your chances".

And here, I wanted you to drive out to California so that we could have that HOT and TAUDRY affair, and now I come to find out that you can't drive for more than 30 minutes at a time. Well, ain't that the s h i t s !

Good luck.

IAAL [/i]

Right now, I have 5 kids in the house, and if I could handle the drive to CA, I'd be there by morning.. LOL.
Of course the HOT and TAUDRY affair would have to be limited to mild fun. LOL, too much fun and I cannot move for two weeks..


As for him petitioning for a downward modification, I am kinda sensing that. He has 3 other children by three other women that he is paying support on also. Our son is the only one he has any contact with on a regular basis. He has offered to sign off rights to all the rest. (Really great dad). His oldest son turns 18 in Feb of 2002. He pays that ex $280.00 a month. I am wondering if the judge doesn't order the modification, but gives him a decrease, if the judge can order that in March of 2002 the support automatically increases to the maximum amount allowed?

I have put out so much money for atty fees fighting this man every time I turn around. He kidnapped our son when we were seperated. That cost me 2 grand. Then when I lost my job a couple of years ago and he took our son for an extended summer visitation, (3 mos instead of 45 days) he filed for custody then(quit his job with the state, withdrew his retirement to pay his atty). That was when I got the jurisdiction transferred here to my local court. He dropped it then, but that cost me 2 grand then too. Seems like he isn't really paying support for his son, it keeps going back out for all my atty fees against him.

Thanks For the boost of confidence. He doesn't scare me.. just pisses me off to no end.