BM moving and asking for increase in child support
Long story short, my husband filed for a change in custody due to the fact that BM witholds visitation & refuses to include us in of my SS's school & sporting events. They have joint custody with the primary residence being the BM's house. Since he has filed to take her back to court, she has ran off and gotten married, told us that due to the stepfather (of 2 months) obtaining a new job they are relocating to a place nearly 2 hours from us, and also requested that we pay her attorney fees as well as an increase in child support. She has recently quit her job to be a stay at home mom even though both kids are in school. My husband already pays maximum child support as well as covering his health/dental insurance. We also have to pay for child care 6 weeks out of the year. Has anyone been through anything like this? We are wondering what to expect when we go to court next month. We live in AL by the way...
We already have an attorney.
We already have an attorney. It's the same attorney that my husband used when he filed for the divorce 4 years ago. She is supposedly the best attorney around for these types of things. My husband is not fighting for 50/50 custody, he is fighting for primary custody with the mother having weekend & summer visitation in hopes that the judge will see that my husband would be fair and more willing to compromise when it comes to visitation. Right now the BM doesn't even do what she was ordered by the court to do, much less give my husband any extra days with his son. I also should mention that the BM has asked, in 2 or 3 different emails, that my husband sign over his rights completely and she will drop child support. My husband doesn't have a problem paying the current child support, what he does have a problem with is her going on vacations every month, paying two mortgages, and now asking him for MORE child support while she sits on her butt and does NOTHING!
I agree with Finey as well,
I agree with Finey as well, due to the fact that she is moving further away, it will make your dh's chances of getting him higher since the distance would create less time for the father, and since dh is fighting the relocation. Hope it happens soon so your SS doesnt get settled in school there. and fighting the relocation might be a little bit harder, i think in most cases, you have 30 days to fight the relocation.
She can't just up and move.
She can't just up and move. Has she already moved? File an emergency motion BEFORE she skips town. The judge will either forbid her from moving-if she wants to maintain primary-or give your DH primary if she still wants to move. Obviously, it doesn't look good on her that she has not been following the court order thus far. The judge can go any way though. I would ask for HER to pay your attorney fees due to the fact you wouldn't even be going to court if it hadn't have been her up and moving or her withholding visitation. It is very hard to change custody without a substantial change in circumstance and relocation is one of those changes that qualify. Good luck to yall!