T.R | Title | User | Personal Name | Date | Lines |
---|
281.1 | | ECRU::KELTZ | You can't push a rope | Fri Aug 21 1992 08:36 | 17 |
| Virginia,
Get yourself a lawyer, but I don't think your ex will get anywhere with
this. Speaking as a second wife, there is NO LEGAL CONNECTION between
visitation and child support. He cannot deny or lower your child
support because of a disagreement over visitation.
Custody could be another matter. If he were granted permanent custody,
the child support arrangement would obviously change. If the two of
you decided to share custody, it would also change the support
arrangement. However, at least on the surface, it doesn't sound to me
like he has anything to stand on here, as far as being able to force
a change on you. Please get a lawyer -- a call from YOUR legal
representative might just put a quiet end to this matter.
Good luck
Beth
|
281.2 | Hang in there...... | SDTMKT::TRAINQUE | | Fri Aug 21 1992 09:52 | 25 |
| I have gone through this situation and it's not pleasant, however
speaking from experience there is no way he's going to get custody. My
ex tried this this year because since he didn't meet his financial
responsibilities for our 3 children I had to give custody of my sons to
my family until I can get back on my feet financially. He was told
about the situation, and was told about my family taking the boys and I
would keep our daughter with me, he did nothing. 8 Months later after
NO contact with the boys (which is typical) he decided he wanted
custody. My lawyer informed his lawyer what he could do with that idea
and stated all the legal reasons why we would fight it. It was
dropped.
I'd say from the sound of it your ex is trying to scare you. Hire a
lawyer tell him no way will you agree to any change, and if he's still
messing around with your child support threaten to have his pay
attached. I did that to my ex so I now receive my child support on a
regular basis since his employer is the one responsible for making sure
I receive it. That will usually take the wind out of their sails.
Good luck and I understand what you're goinng through. If it wasn't
for my kids I'd have thrown the towel in a long long time ago.
Feel free to send me mail if you want to talk.
Kim
|
281.3 | | A1VAX::DISMUKE | Say you saw it in NOTES... | Fri Aug 21 1992 10:06 | 7 |
| Virginia - also remember that there should be court transcripts of the
original hearing that are available to you and your lawyer. Use them
if you have to in order to show the lawyer what the situation was like
when it all began.
-sandy
|
281.4 | Flame didi Flame, flame | SWAM2::MASSEY_VI | Another day.....Another doughnut | Fri Aug 21 1992 13:04 | 26 |
| Thank you all,
I realy didn't think he had a case. The whole thing started a
while ago but I just didn't notice what he was up to. Some how we had
gotten on the subject of how much I make. Soon we were arguing about
the support. He said his lawer had told him the amount is determined
by how much he makes and *his* cost of living. I said that was a crock
of sh*t, why would they go by his cost of living when Tyler was with me
and I was paying for the majority of his care. What I get for support
now doesn't even cover Ty's daycare expenses for the month.
The problem with getting his wages attached is he works for a
family friend in a oil pipe company. He is paid in cash. I get my
support in the form of cashiers checks and he doesn't have a checking
account. I realy have no way to monitor what he is making. If anyone
tries to find out where he is working, the guy denies he works there or
says he doesn't pay him. Belive me, I have tried to find out for
myself. The man is a welder, he isn't certified, but they still make
$10 to $12 an hour. If he gets certified, he will be making double
that at least. And the real flamer of all this is he is Getting a new
truck and an Arc Welder outfit. I can barely afford to put gas in my
66' Mustang let alone buy a new car.
I don't care if my son ever gets to know his father. I do want him
to have the benifits of a dad, but not at the expense of my piece of
mind.
Virginia
|
281.5 | just my 2cents | POWDML::ROSADO | | Fri Aug 28 1992 17:35 | 6 |
| I heard that through the IRS, it is possible to have your ex-husbands
tax refunds go directly to you. Information on this is available
through the Boston office as well as any courthouse. I hate people who
try to "sneak" away from their financial responsibilities! I haven't as
yet tried this, but I'm quite tempted. He can't hide from this as
everyone HAS to file income tax papers every year.
|
281.6 | waiting again | SWAM2::MASSEY_VI | It's all in the cue | Mon Aug 31 1992 13:15 | 14 |
|
This may be nit-picking, but what if he isn't getting anything back
but owes the governmant? My real problem isn't that I don't get the
support at all, Its just always late and a little short. I do keep a
record of what is owed and since November of 89', when we separated, he
owes me over $4000.00 in back support!
All the stuff about taking back his son and having his "lawer"
change the support was just to see if I am as dumb as he is. Not!!!
I have talked to a judge, and untill he gets court papers, nothing
is going to change. The man doesn't even call or write, I cant see him
going to the effort to have papers go through the court.
Virginia
|
281.7 | might try this | ASABET::TRUMPOLT | Liz Trumpolt - MSO2-2/F3 - 223-7195 | Tue Sep 01 1992 17:37 | 12 |
| Maybe you should see about getting your support money taken out of his
paycheck each week or how ever often he gets paid. My brother used to
do this for my x sister-in-law and know since he has custody of the
kids she does it for him. They say it makes it easer, cause they don't
have to worry about mailing it out each week. I also know a couple of
guys who's x wives have done this to them.
Maybe you should talk to your lawyer about this.
Liz
|
281.8 | what's the use | SWAM2::MASSEY_VI | It's all in the cue | Wed Sep 02 1992 13:29 | 17 |
|
This is kind of an update.
Nothing legal or unlegal has happened lately. I recieved a
envelope from my X yesterday. It contained the money orders but
nothing else. My son knows what daddy's hadwriting looks like and
wanted to know where his letter from daddy was. I killed me because I
said, "sorry honey, he did send anything this time." My son droped his
head and walked off with the envelope in his hand. About five minutes
later he gave me the envelope and asked if I would put it in the trash.
This made me cry. I don't care for the man very much anymore, but
he could at least send some kind of note for his son.
Virginia
|
281.9 | What goes around comes around! | ALLVAX::CLENDENIN | | Wed Sep 02 1992 16:37 | 10 |
|
Hi Virginia,
I don't know what to say except I feel for your son, and try
to remember they say "what goes around comes around" so I hope your
X gets what he deserves. One way or the other. Good luck.
Lisa
|
281.10 | child as support ? | STUDIO::KUDLICH | nathan's & morgan's mom! | Mon Jun 21 1993 13:05 | 18 |
| Just a quick note, on another side of this issue--remember not to gain
too much support from your children! My mom occasionally did, and gave
me a sense of responsibility for her dramatically out of line with my
tender age...they love us too much to see us hurt, and will take on
whatever issues possible to alleviate our problems. As hard as it is,
don't let them take the brunt! I know, it can be hard to even take a
moment to call an adult to 'cry' on, but you need to. That said, do
also explain your feelings--letting him know your MAD justifies his
anger, instead of hiding it. Their thought process goes something like
this--I love my daddy and can not be mad at him, but I hate him right
now, and so I'm a bad person...
Many too manyfeelings of mine wrapped up in this...someday, we'll all
be happy and well adjusted!
Best regards,
Adrienne
|
281.11 | **** Anonymous note **** | SAPPHO::DUBOIS | HONK if you've slept w/Cmdr Riker! | Tue Jan 24 1995 12:04 | 31 |
| The following is being posted for a member of the PARENTING notesfile
community who prefers to remain anonymous at this time. If you wish
to contact the author by mail, please send your message to me and I will
forward it to the anonymous noter. Your message will be forwarded with
your name attached unless you request otherwise.
Carol duBois, PARENTING Co-moderator
**************************************************************
I am writing in regards to a young woman very close to me went into a deep
depression two years ago after the birth of her son. She ended up having
her four children taken away from her before they were able to diagnose her
as manic-depressive. She is now getting the medical/psychological help
she needs. However she is finding it very difficult to overcome because
she needs to know that she can get her children back. Her son's father
picked up and moved to Floria with her son (2 years old) and will NOT let
her know where he is or if he is even all right.
There must be somebody out there that can point us to a group that can
help. She is out on Social Security right now and when she tries to
contact any authorities (sheriff's office, etc) she is told there is
nothing she can do. I pray to God this is not the case.
I really would like to be able to direct her to a group that could help her.
I have looked through the parenting notes file and the non-custodial
notes file but could not find a pointers to my particular problem.
Any help would be greatly appreciated.
|
281.12 | Alliance for the Mentally Ill | MOLAR::SCAER | Boop-Boop-a-Doop | Thu Jan 26 1995 09:48 | 8 |
|
Contact someone at the Alliance for the Mentally Ill. You can
probably find a number in the Community Services pages of your
phone book. In my phone book (Nashua) it lists the number for
the chapter in NH 1-800-242-6264. Someone there should be able
to help her.
.......................beth
|
281.13 | quokka::psychology (kp7 to add) | MOLAR::SCAER | Boop-Boop-a-Doop | Thu Jan 26 1995 09:53 | 4 |
|
Also, try crossposting your request in QUOKKA::PSYCHOLOGY.
......................beth
|
281.14 | **** Anonymous Note **** | SAPPHO::DUBOIS | HONK if you've slept w/Cmdr Riker! | Fri Jan 27 1995 12:15 | 26 |
| The following is being posted for a member of the PARENTING notesfile
community who prefers to remain anonymous at this time. If you wish
to contact the author by mail, please send your message to me and I will
forward it to the anonymous noter. Your message will be forwarded with
your name attached unless you request otherwise.
Carol duBois, PARENTING Co-moderator
**************************************************************
I am in the midst of planning family life after divorce. Since both of us
are very active in our parenting roles, I am assuming that the children will
spend near equal time with each of us after the physical separation and
divorce.
I would like to ask if anyone has experience they could share in setting up a
visitation schedule where one parent works a 9-5,M-F job and one works a
swing shift which includes some day shifts, some night shifts, some weekends,
and some weekdays, averaging 40/week. I hope that we both find homes in the
same school district. The parent with the rotating schedule has no family in
the area who could house the children overnight.
Is it better to have a schedule with the same days each week, and for the
parent with the rotating shift to find appropriate help? Obviously harder on
the parent, but all the reading I've done indicates that predictable
visitation is best for young (elementary school age) children.
|
281.15 | **** Anonymous Reply **** | SAPPHO::DUBOIS | HONK if you've slept w/Cmdr Riker! | Fri Jan 27 1995 15:16 | 41 |
| The following is being posted as a reply to the basenote for a member
of the PARENTING community who prefers to remain anonymous at this time.
If you wish to contact the author by mail, please send your message to me and I
will forward it to the anonymous noter. Your message will be forwarded with
your name attached unless you request otherwise.
Carol duBois, PARENTING Co-moderator
**************************************************************
I have 2 children (5&7) and have been separated for 2 years.
We have a shared custody arrangement. I believe that set scheduled time is
best. It has worked very well for us. We split the week 50/50 and alternate
weekends. It turns out that we each parent 50%. I started out with a
calendar that was posted where the kids could always see on each day it either
had an "M" or "D". Many times in the beginning my oldest would check the
calendar to see where he would be on the weekend. After awhile they always
know the schedule. I feel that is comforting to them. It is more comforting
for the parent as well if the children don't keep asking when they are going to
see Mom/Dad.
As for being in the same school district. It depends on before/after school
arrangements most. My ex-spouse lives in the district where my children go to
school. I have lived as far as 15 miles and as close as 2 miles. Currently
I'm 8-10 miles away. It works for us. I don't mind driving them to school as
they can get into school at 8am and I'm at work for 8:15. So, no problem.
My biggest suggestion to you is to get the whole arrangement worked out to both
of your satisfaction, then go with it and make sure it works for at least 6
months before you go to court. We came close to having the judge telling us no
way. I had to convince her that it was okay and had been working well. I had
to get letters from the childrens teachers at Daycare & Kindergarten as well
as from the Pedi stating they they knew of the arrangements and all seemed
well. The judge was concerned that we would end up back in court in a few
months and they would have to award custody to only one of us. One day I may
have to revisit this but for now them being in Elementary school, it works.
My kids do occasionally voice their dislike at travelling between both homes.
It's nice though. They truly have 2 homes and we don't get that going to
"visit" statement that is so common in most arrangements.
Best of luck to you and feel free to contact me off line through Carol.
|
281.16 | | CLOUD9::WEIER | Patty, DTN 381-0877 | Fri Jan 27 1995 15:53 | 75 |
|
I have 3 children, but only 2 that apply to this situation. We have
had shared custody for 3 1/2 years, and it's worked quite well. At
first we alternated every other day during the week, and they stayed w/
their dad on most Sat nights. When we needed to rearrange things to
meet different schedules, we just did.
Then we switched to a split week. As it stands now, I have the boys
(they're 9.5 and almost 7) from either Sunday night until I drop them
at school on Wednesday morning. They're w/ their Dad from Wed. night
to Saturday evening, and then Saturday night is up for grabs.
As for the children .... they seem to prefer having a "chunk" of time
with each of us instead of splitting every day. It was Insane going
the every-other-day route because they'd always forget SOMEthing that
they needed at the other parents' house. This way we only have to deal
with "the switch" a couple times a week.
When "other" things come up - Drs, b.day parties, whatever, the parent
who is normally supposed to have them, usually just deal with it.
Sometimes that doesn't work out, but we get along well enough to work
around our schedules a little if need be.
Vacations - that's a little tougher, because you can end up with the
kids for several weeks in a row, and not visiting the other parent at
all if you're not careful how you work out the schedule.
Other things to keep in mind;
o How will you handle their b.day? Two b.days? One big one and just
tough it out w/ the Ex for the day?
o How do you handle holidays? We're lucky. This works with both
families - their dad's family tends to lean towards Christmas Eve for
their celebration, my family does Christmas day. This year we did;
Christmas Eve day and Eve at paternal grandparents
Christmas early morning at Dad's.
Christmas morning ~11:00 at Mom's
Christmas lunch at with maternal Grandpa Mom's
Christmas afternoon/supper/evening at maternal Grandma's
Day after Christmas w/ the baby's "other side" (paternal family and half
siblings).
It gets a little nuts, but it worked out in the end.
I've found that it's best to each come up with your own ideas, and then
if there's a way to mesh the two ideas, great. If not, each do your
own thing, and that's the end of it.
A lot depends on if both parents can provide similar lifestyles, and if
you can easily duplicate the things that mean the most to the child.
Do you both have a decent place for them? To sleep/eat/do homework?
If you are pretty equal on those kinds of things, the kids can probably
deal with a schedule that changes somewhat.
The biggest thing you can do is WRITE IT DOWN so they can see when
they're supposed to be where.
As for the school district .... I have never lived in my children's
school district (when they were old enough to go to school). Since I
left the house, we've kept the house as their "official" address, and
I've just done whatever was necessary to get them to school. I am
currently about 7 miles from their school. I used to be ~30 miles.
The hardest thing about being out of the school district is a)dealing
with unexpected traffic and getting them to school on time and b)you
have NO public transportation, so you've got to be sure to be
responsible for pickup/dropoff or make other arrangements.
If the kids are in daycare after school, this could get interesting
with the other parents' swing shift. Presumably some weeks you
wouldn't need afterschool care - how does the provider deal with this?
If you would like any more info, please feel free to contact me!
Patty
|
281.17 | **** Anonymous Note **** | SAPPHO::DUBOIS | HONK if you've slept w/Cmdr Riker! | Wed Mar 08 1995 08:51 | 23 |
| The following is being posted for a member of the PARENTING notesfile
community who prefers to remain anonymous at this time. If you wish
to contact the author by mail, please send your message to me and I will
forward it to the anonymous noter. Your message will be forwarded with
your name attached unless you request otherwise.
Carol duBois, PARENTING Co-moderator
**************************************************************
I have been divorced for a couple of years now and have physical custody
of our child. My question is, as I understand it, if I am to move out
of the state in which we currently live in, I need permission from the
other parent. I have spoken with the other parent, and I now have that
"permission".
My question is: What type of "proof" do I need of that
permission being given? Will a notarized signed and dated letter from the
other parent be enough?
I have a phone call into my lawyer, but haven't heard back yet. I am
sure that there must be others out there who have been through this situation
and could possibly give me some advice.
|
281.18 | Father not staying with kids when away | MAY11::BROWER | | Thu Jul 13 1995 09:22 | 23 |
| I have a question in regards to a situation my girlfriend is
going through at present. Her ex took her kids to FOXWOODS last
saturday. When they got there he sent the boys ages 8 and 10 to the
arcade while he and his girlfriend went to a casino to gamble. The
10 yearl old has behavioural problems and has the cognitive reasoning
of a 6 year old. When my girlfriend found out what he'd done she
called to talk to him about it. Well it seems that he's been doing
this for years... Whether it be a trip to Disney or Six Flags they
all go their separate way and try to meet at a designated time. She
and I are both pretty upset by this. I know when I have my children,
I'm divorced too, visitation means going off and doing things as a
cohesive family unit. Even though my children are a bit older ages
11-15 I'd never go to a strange place and dump them so I could have
fun elsewhere. My girlfriends lawyer feels an ammendment to her
decree is in order to prevent this from happening again. While the
kids therapist ,the dad's an alcoholic and has messed them up pretty
badly, didn't see anything wrong with the situation.This in spite of
the fact that the 8 year old admitted he was scared being left in
such a busy place with no way to get dad if he needed him. Am I
overreacting to this situation?
bob
|
281.19 | no, you're not over-reacting... | WRKSYS::FOX | No crime. And lots of fat, happy women | Thu Jul 13 1995 11:06 | 22 |
| ...but getting a change in behavior on the part of the dad is not
going to be easy, especially if the boy's therapist is not supportive.
I suggest you separate the two issues I see here: 1. "*I*(bob) wouldn't
want to do anything other than be with my kids when I see them"; and
2) the real problem of leaving an 8 year old in the charge of a 10 year
old (regardless of the maturity level of a 10 year old).
The first issue is emotional, to be sure (I sure as heck expected my
ex to want to actually spend time with my daughter), but is outside the
purview of legal agreements.
The second, however, is a real concern: considering that the entire current
"missing and endangered children" movement was sparked by the case of
Adam, a boy who was left at a shopping mall, kicked out by a guard, kidnapped
and murdered, I don't think that you will get too many judges who won't
agree that the two boys must be under the watchful eye of a responsible
adult at all times.
Good luck!
Bobbi
|
281.20 | Save the children ... their too young to do it themselves! | CLOUD9::WEIER | Patty, DTN 381-0877 | Wed Jul 19 1995 12:56 | 60 |
|
In a lot of states, it's illegal to leave a child under 12,
unsupervised by an adult. Check out the laws, if you're looking for
pure FACT to back up your feelings.
My kids are 10, 7 and 22 mos. I have ONCE let Chris (the 10 yr old)
ride the 1/4 mile to 7-11 on his bike, alone (about 1/week, the 2 older
ones both ride down together, again me waiting/watching) ... and that
was with me panicked the whole time, waiting for him to come back. I
couldn't imagine letting them go off in a strange place like that and
being at ALL comfortable about it.
Here's a "true story" ... nothing that BAD, but it was upsetting to us
all, nonetheless. There's basically 2 routes to take to get to 7-11.
We *ALWAYS* take the same one, whether we walk, ride, drive etc. The
boys went down to pick up some milk. Right after they left, the fire
alarm in our building went off. The fire trucks have to come down the
street they were riding up, and I was concerned that they'd be scared.
SOoooooooooooo, I walked down to 7-11 to meet up with them. WELL, I'm
walking and walking thinking "I should have seen them by now!", and
getting more and more worried. I made it all the way to the store, and
the lady remembered them being there, but I'd missed them. Walking
back, I STILL didn't see them anywhere. I RAN all the way home,
worried that something had happened to them (a parent's worse fear,
right?)
I got close to our street, and there was Jason(7) running down the road
towards me, crying his eyes out. And Chris was inside trying to call
his dad.
What had happened was, they saw the trucks, so decided to take the
OTHER route home from the store ... which meant we essentially
walked/rode past each other. They got home, and weren't allowed in
right away (by the F.D.) because the alarms were still going off, and
were convinced that the place was on fire, and I was burning up inside.
They asked EVERYONE if they knew where I was. If there'd been a fire,
it would have caused the F.D. to go hunting for me, when I was actually
quite fun (though upset). They were totally stressed out about it all,
and so was I.
That all happened inside of about 10 mins, and within 1/4 mile. Many
of these parks/resorts are MUCH larger than that, and certainly more
confusing!! *IF* there were a 'disaster', how could her children meet
up with their dad?
Take it one level closer to home .... if you and your S.O. head into
Boston for 1st Night or something -- HOW would you feel if you got
separated?? And they had the keys? And all the money? And the
calling card number? And the address of where you live? And you had
nothing at all except the shirt on your back, and your 'other' S.O.'s
address and phone number? (which is probably states away from you).
That's the situation those kids are in, and it's at the very best, very
dangerous.
No, you're not overreacting!! There's a difference between cautious
and complacent.
-Patty
|