Family Law Questions? Ask a Family Lawyer Online.
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Can you please boil your legal question down to a one-sentence question?
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Did my question even appear, or did you just get part of it
It's WAY too long for me to read before I know what question you're asking!
It may have been cut off. The last sentence reads:
"After a yr or so,she pulled the alimony support,knowing he couldn't afford to pay both, but to this day,she holds that alimony support over his head should he try anything."
Then you also say a little bit about what you tried.
You should be able to scroll up to the very top of the question, just as I can. There should be a scroll bar on the very, very right-hand side of your screen.
So, since we're just talking, again, please, in one sentence, what is your question?
We'll discuss it; I'm not going to just say something and shut the door.
oh lord this is going to take a while. I cannot sum it to one sentence.
in my husbands property settlement agreement with his ex, it stated that in no way should either parent do or say anything to alienate the child, or say disparaging remarks about the other party. Also, he has liberal visitation rights, and she hasn't let my husband see his son since 2002, witholding where they live and how to contact him, even tho in the agreement they r supposed to give to the courts in writing where they currently live. This is just a small portion of my question. Also, she has moved in , since 2003 with a vet, n a very nice mansion, while my husband pays out of his ass for her lifestyle. Also, she has told my husbands son that she and the vetrinarian she has been living with since 2003 that they are married. isn't that alientating the child from the other party, not to mention we have no idea where they live
I guess in one sentence, what can we do to find his son, and can we charge her criminally for kidnapping, seeing as we don't know where they live
Perhaps I can suggest a question to you: Are you asking how to go about returning to court and changing the court orders for custody, visitation, support, and so forth? Is that your question?
Just saw your new post: How old is the child or children? How long have they been missing?
But it concerns me that you don't know the location of the children - did I hear that correctly? If so, what steps have you taken to try to find them?
PS I'll have to finish up for tonight within the next hour. I don't work Saturdays, but we can resume Sunday, Monday, whenever.
I didn't want you to feel cut off if a day or so passes and you don't hear back from me. I'm flying somewhere tomorrow....will have my laptop with me!
We know that they live somewhere in Pittsburgh, PA, but his ex didn't update the court with the new address or DCSE, because they would find out that she might actually be remarried, and she doesn't want to lose all the money she is receiving from John. Essentially, if my husband died, I wouldn't know how or where to contact his son. His son will be turning 15 in Feb. 2011, and his ex wife is willing to do anything to not let John see his son.
As to what you asked about in your reply, about visitation, custody, etc....court stuff, yes I would like to know if there is anything we can do about that as well.
We haven't tried anything to try and find them because his ex said she would go back to social services and reimput the back alimony support, not to mention, we live in a basement, can't afford to put milk in our fridge, much less, hire someone to track them down. She receives approx. $1400. mnth from John's check, while we get to keep approx. $1000. mnth from john's check, and I am disabled, with severe illness, with medicines that cost ungodly amounts.
Yes, it would be, but JustAnswer doesn't allow its Experts to communicate with customers outside of JA. It's a bit harder this way, but we charge much less this way too. I get half of what you pay, and I normally charge $300/hr.
Anyway, you do have a number of legal issues. You can address them all at the same time, or one at a time.
First, since your situation involves two states, contact this organization immediately. It's free: After you have reported your child missing to law enforcement, call the National Center for Missing & Exploited Children (NCMEC) on our toll-free telephone number: 1-800-THE-LOST (1-800-843-5678). Or you can use our Live Hotline to talk to NCMEC through our web site.
You need to tell them that the ex kidnapped the kids with the intent to permanently deprive your husband of them. Be sure they know that your husband has visitation and custody rights under the court order, assuming that he does, and that the mother has taken the children to an unknown location.
They may suggest that you file a police report. If so, ask them how they suggest getting around the fact that most police depts will refuse to do so, calling it a civil matter.
Now, secondly, what your husband can do is file a motion and set up a hearing in the same court in which he was divorced, under the same case number. It will be a motion asking the court to order changes in visitation, custody, and support.
I can send you a sample/example and rudimentary instructions if you don't know how to do this (no extra charge).
Assuming your husband got divorced in Virginia, here is a link to where you may find some more, free help and information, and possibly even free legal aid:
I want to send what I've written up to now to you because it's really windy and I'm afraid I'm going to lose my power, as I did just a few days ago, all night long.
If we do get "disconnected," don't worry - I will write back to you no later than Sunday, I promise.
In the meantime, I have an assignemtn for your husband.
He needs to write out a chronology starting with the divorce.
5/5/2010 Court ordered divorce
5/7/2010 Ex refused visitation with "C" (Child's first name only, or first and last initials).
This will be needed for when he goes to court, so there is no time like the present to begin writing it out. Organization helps a great deal when you deal with judges, the police, bureaucrats, etc.
This may be good night until Sunday,
I'm here to help people, so please feel free to ask more questions after you accept, or ask for me by name in the future on a new question. I just wanted to let you know my power is fluctuating, and that I won't be working tomorrow.
This gives me some time to expand on my answer. If you try to file a police report and they laugh at you, make an appointment to see a local deputy prosecuting attorney (they may call it district attorney or something similar). Sometimes they will accept a police matter (it's kind of like going over the heads of the police if the police turn you down).
If you are able to get law enforcement's participation, if the prosecutor feels that he or she will be able to prove criminal conduct, yes, the mother would be published criminally. (Don't expect much of a sentence, however, especially if she is a first-timer).
So, what I'm trying to explain is that whether criminal charges will go forward will depend on whether your local prosecuting attorney (district atty) believes that he or she can win a case.
They may, however, agree to conduct an investigation and attempt to find the child.
Try to get your child's name placed on NCIS (I'm getting forgetful, but I think it's the National Crime Information something something). Once your child's name is XXXXX XXXXX list, PA police may be able to join the hunt, get warrants, etc.
Also, check into Amber Alerts. I know they're related to missing/kidnapped children, but honestly, I've never personally been involved with one of these.
Now, the example I'm going to present to you is extremely generic. It's for modifying child support. In your case, your motion will be for sanctions, changes to visitation and custody, and modification of child support, or something like that (don't make the heading too long, but be sure you cover each item).
When you go through the sample list, write a number, and then one fact per sentence. I've shown an example. Use chronological order.
You may attach anything you want as an exhibit, but number the exhibits and only provide copies, never originals.
You will need to mail this to the ex's former atty first, unless you're sure she's no longer represented. If she's not represented, send it to the last known address.
You may also need to publish in your state and PA.
OK, again, this is an example. Where it refers to "you" or in "your case," keep in mind that that was something I wrote for another customer, not you, ok?
OK, first pull out your file of documents and find the most recent order or motion.
What you're going to do is write a Motion to Modify Child Support (or, in your case, you could call it something like a Motion to Stop Paying Child Support).
Come up with a form that looks somewhat similar to your previous documents - especially if you have one written by an attorney. The format is not that important, but do try to leave at least 4 inches on the top of the first page, and one inch margins all around.
Now, in your motion, you'd say something like this:
[YOUR FULL NAME] moves this court for an order [modifying or stopping or whatever is most appropriate] his child support obligations. This motion is based on the following declaration [and any exhibits you may have, IF you have any evidence to present to the court].
The above statement is true and complete to the best of my knowledge and belief.
Signed August X, 2008 in [name of city], [state].
[YOUR PRINTED NAME]
Now, take this motion and any attached exhibits and make three or four copies (I always make extras). Mark the original as "original" (preferably in red) and mark the copies as "copy" (any color).
Go to the court with your calendar and cash, in case there is a charge and they don't take checks or charge cards. Take the original and copies, of course. (If you are far away, you'll have to call them and ask how to do this by mail) and get the clerk of the court to help you set up a hearing date and time for the court to consider your motion. Ask the court clerk if you need to provide the judge with a "bench copy," and, if so, ask for the local instructions.
Now, mail a copy of both the notice of the hearing AND the motion with any attachments to the "other side." This will be an attorney if your ex is still represented. Otherwise, just mail it to your ex. It's safest to mail this to your ex by certified/return receipt mail so that you have a paper trail that you mailed it. You can even photocopy the envelope before mailing it, just in case there's any doubt raised by the judge if your ex doesn't attend the hearing.
A few days before the hearing, make sure that the judge gets a "bench copy" of what you filed, with the date and time of the hearing on it. Ask the Court Clerk for the rules in submitting this to the judge.
Then, of course, be sure to attend the hearing and present your case.
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