What is the name of your state?WA
Here is the situation- My wife has Physical Joint Custody of our 15 year old Step-daughter (which she has been living with us for 8 years) and her father has never paid support for the last two years. We just filed a partition to modify the divorce decree to get a Support Order on him. He found this was happening to him and then turn around and filed for sole custody for his daughter and is asking for my money instead of his wife's since I make more. He stated that if he cannot touch my money he will force my wife into full time work and the state of California goes up to 23 years old for Child support thus making her pay him for eight years. He is stating that since we move out of the no move away clause in the orginal divorce decree (Albany, NY) that he has very strong cause against us although he gave us a verbal eight years ago to allow us to move. Neither party contacted the Albany county court to inform them of the move. He already has an attorney (Family Law) for free since he is on public assistance. I cannot afford an attorney myself since we make too much money in the courts eyes and I barely cover our living expenses- welcome the middle class I guess. I've been told that even if our case looks good that I will get my butt kicked by an experience attorney if I try to represent myself against one. He recently got a two bed room apartment to have a place for her to live so he is really betting on him being the winner in the one. He lives in San Francisco, CA and we live in Seattle, WA.
What do you think his chances are of winning this battle? Can his 15 year old Daughter decide where she wants to live? I cannot believe this is happening to us! Will we have to go the California court if he draws the papers there? In our financial situation we will have to do uncontested battle since we don't have the funds to fight it.
Thanks.
Tom
Here is the situation- My wife has Physical Joint Custody of our 15 year old Step-daughter (which she has been living with us for 8 years) and her father has never paid support for the last two years. We just filed a partition to modify the divorce decree to get a Support Order on him. He found this was happening to him and then turn around and filed for sole custody for his daughter and is asking for my money instead of his wife's since I make more. He stated that if he cannot touch my money he will force my wife into full time work and the state of California goes up to 23 years old for Child support thus making her pay him for eight years. He is stating that since we move out of the no move away clause in the orginal divorce decree (Albany, NY) that he has very strong cause against us although he gave us a verbal eight years ago to allow us to move. Neither party contacted the Albany county court to inform them of the move. He already has an attorney (Family Law) for free since he is on public assistance. I cannot afford an attorney myself since we make too much money in the courts eyes and I barely cover our living expenses- welcome the middle class I guess. I've been told that even if our case looks good that I will get my butt kicked by an experience attorney if I try to represent myself against one. He recently got a two bed room apartment to have a place for her to live so he is really betting on him being the winner in the one. He lives in San Francisco, CA and we live in Seattle, WA.
What do you think his chances are of winning this battle? Can his 15 year old Daughter decide where she wants to live? I cannot believe this is happening to us! Will we have to go the California court if he draws the papers there? In our financial situation we will have to do uncontested battle since we don't have the funds to fight it.
Thanks.
Tom