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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116818
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am having concerning legal issues about my ex husband not

Customer Question

I am having concerning legal issues about my ex husband not paying medical bills his portion is 50%.He has not paid since our prior to and after our divorce in 2010. He has on his linked in profile that he has two jobs. He has not reported this to Child Support Agency -- isn't that mandatory?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, I am out of state - he is in RI
JA: Is there anything else important you think the Family Lawyer should know?
Customer: We are also concerned with the welfare of the children when with their father. There have been things my son with Austism has said that concerns me. Like his dad yelling at him constantly, but not his twin brother, he has forced him into the corner as punishment, forced him to take naps with him alone, and tells him if he doesnt behave he will take him to the bad boy school. This is concerning. We called Child Welfare, but for some reason they did not feel the need to investigate. My child exhibits behviors that are not normal for him. like anger outbursts, crying for no reason, he yells at his twin brother a lot, and just not as happy as he once was. He is currently in therapy to try to help him, but I am concerned that he is enduring mental and emotional abuse while with his father. I don't know how we can protect him from this.
JA: Our top Family Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Family Lawyer in on everything we've discussed. You can go back and forth with the Family Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While he is supposed to report job changes, ex's rarely do what they are supposed to do. If he is not paying what he is supposed to pay, your recourse is that you need to file a motion for an order to show cause for contempt of court and bring him back into the family court for non-payment of what he is supposed to pay.
As far as child protection, you need to understand that their social workers are about as highly incompetent and negligent as you will find anywhere. They have horror stories of their negligence and abuse and it is not surprising that they did not act.
If the child is in therapy where he needs to be, then it is up to the therapist to determine whether or not the father is the issue and if the therapist determines it is in the best interests of the child to not be with or see the father or have supervised visits with the father, then your recourse is to file a motion to change/modify custody/visitation and present the therapist as a witness in court as to why the change is required in the best interests of the child.
So, you have two motions you need to file in court, the motion for order to show cause for contempt and also the motion to change custody and you should get a local attorney to represent you on these two cases. If you cannot afford a local attorney, the RI Bar has a very good pro bono prorgam and you can contact them regarding obtaining pro bono representation or you can go to the legal aid office near you to get their assistance.
Customer: replied 1 year ago.
Thank you, ***** ***** disheartening that this is the second issue brought to the attention of DCYF and they did not act. I am not doing this to be vindictive, I am doing this out of concern and to try to protect my children from the abuse. After researching RI does accept emotional abuse as abuse and therefore my concerns should have been taken seriously. I will contact an attorney and file two motions. The therapists has concerns about the children's welfare as well. It's concerning because he singles out one child. The child with a disability. I am concerned that there could be sexual abuse in the future because the child with a disability and communicative disorder is an easy target for him.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Please understand DCYF all across the US, including RI and MA, is full of these incompetent and negligent social workers who all have their own agendas and bias that they act upon in any case they take. They seek to take the easy way out, without doing anything, if at all possible.
You do have 2 causes of action to take to court though and get your child protected and also to recover the money he owes you, so that is the course you have to take if you want to protect the child and do something about this.