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Okay Pro's Hammer Away on this one!

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tab62

Member
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
 


L

Lil Miss Smarty Panties

Guest
First of all, California's age of emancipation is 18, not 23. I have no idea where he's coming up with the age of 23. They do not enforce college support so that can't be it. Maybe he pulled that age out of his butt?

Second of all, he can not touch your income. You are not the parent. Your wife and her ex husband are the only two people who are legally obligated to support your step daughter.

Third, the judge is not going to uproot a 15 year old from a home she has thrived in for 8 years. She is old enough to talk to the judge and voice her preferences.


As I've told you before, he verbally agreed to the move, he didn't contest it and he knew where his daughter has been for 8 years, sent money and exercised visitation since the move. The judge is going to see exactly why he's now bringing up this complaint and why he's now filing for full custody.


Finally, you should hire a lawyer or at the very least consult with one. You make 90K a year and there should not be a reason why you can't afford one.
 

BL

Senior Member
LMSP's is correct. Although his Lawyer can argue that there was no permission given to move, and you and the court have no written record of permission, The fact is He knew your whereabouts and has done nothing up until now to bring the issue before the Court .

Even IF the Judge finds her to be in contempt, he/she has the discretion to impose sanctions or not, And it's very unlikely any sanctions would be imposed IF she was to be found in contempt.

He can use the second bedroom for the daughters visits :D
 

nextwife

Senior Member
If the original CO was out of NY, CS will run to 21 (NY law), not 18. CA law would NOT, I believe, NOT be used to determine age of majority for CS.
 

tcpmp

Member
Where was the original Custody Order from?
If he is not living in the same county the order originated from you can tranfer the case to your jusisdiction.
Lil is right he can not touch your income, BUT he can get your combined taxes if she owe arrears, which doesn't sound likely.
My personal belief is that the court will see the whole picture; Why did it take him 8 years for him to contest the move, why did he just now get a two bedroom place, how long has it been since he had contact, who has more stablity.
 

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