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July 31, 2010, 12:21:44 AM

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Site Author : Topic: Fear tactics?  (Read 329 times)
January 26, 2010, 02:54:44 PM
Not too shy to talk
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Ex filed a petition for custody -(order has been in place for 7yrs regarding custody) on the heels of ex-spouse asking for more support.  Ex's petition is loaded with outright lies - is threatening custody evaluation b/c of ex-spouse's low income - thinks ex-pouse will be afraid and cave in to lowering and/or no support at all b/c ex-spouse can't afford evaluation.  Ex has never expressed an interest in changing the custody arrangement until this came up.  Any advice is much appreciated.
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January 26, 2010, 10:30:28 PM
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yes. go through with the evaluation if it is ordered unless you want to lose custody.

you could try negotiating: I won't ask for more support if you won't ask for custody. even if the ex says "great", then go to court on the appointed date unles syou get a notice fromt he court that it has been dropped -- this is a common tactic, to say that it is being dropped, trick the other person into not going to court, and "win" as a result of them no-showing.
« Last Edit: January 26, 2010, 10:36:42 PM by 3kidsmom » Logged

My life has been crazier than a work of fiction.....who'da believed?
January 29, 2010, 08:52:07 PM
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Once someone has to hire an attorney, the biggest obstacle to further litigation is removed. 

If you are going to court for one issue, you might as well go to court to resolve the rest of the issues.

'support' is based on a percentage of the ex's income.  If the ex's income has not increased in the last seven years, then there will be no increase in support.

if it has been seven years, then perhaps it is time to also revisit the custody arrangement.  Circumstances and the best interest of the child have most probably changed over that time period.

If the other parent is a fit parent, why would you object to them raising their children in their own home in lieu of their paying child support?


Quote
Art. 234.  Parental choice to receive child at home in lieu of alimony payments.

The judge shall pronounce likewise whether the father or mother who may offer to receive, support and maintain the child, to whom he or she may owe alimony, in his or her house, shall be dispensed in that case from the obligation of paying for it elsewhere.
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