While I have been searching for information on Alabama's child support guidlines and found that maybe someone here would know. Last year we were living In Georgia able to see his children every other weekend that is if his ex would allow us to. Anyhow we recieved a notice of intent she was moving from Georgia to Florida. We did not like it but we excepted it because we felt it wouldn't do anything except hurt the children. She moved to two months later and my husband went a head and excepted a job in South Carolina which soon after brought us to Alabama. Since then she has put the oldest child in a science class that meets on Saterday's which makes it hard for us to get them on weekends, Unless we go there and stay in a hotel which cost a lot of money in the orlando area. This year we sent her notice 4 months before May giving the dates we would like to recieve the children for the summer, then asking her to meet us at least half way. Not even replying by calling or writing we find out the week before that she has no intentions on meeting us half way. She took the children to Atlanta to stay with my husbands brother for two weeks. Which is around 1000 miles from her and 600 miles beyond what we asked her to go. We were planing on going to Atlanta to get some Items that are hard to find around here So while we were there we desided to pick up the children when we called to tell her she hung up before we got a chance to say anything. After we picked them up she called us yelling and screeming so everyone in the care could hear. Saying my husband was nothing except a sperm donor, and that it was against the law for him to take the kids and if he did it again she would have him put in jail. We though about getting an attorney but again we did not want to cause problems for the children. No last week comes a letter from the state of FL about childsupport. So my husband calls to find out what is going on because he has been paying his child support on time every time and actually pays ahead. We find out she is filing for a modification So we are stuck on what to do. We want to support the kids because we want the best for them but at the same time we do not want to get screwed any more then he has already. Does Alabama count her Income? The boys are 12 and 8 and she works for a day care should we get an attorney to make sure she is not having false records saying she is paying some crazy amount in child care? when we know that they do not go to a day care. ( that came from the kids at the last visit)
I want to get an attorney to get the visitation thing straightened out but my husband does not want to fight about it. please anyone give me some sugestions, or information, so maybe seeing it from someone elses eyes might give him some encouragement that he does not have to be treated this way from her. I hate seeing him hurt and every time she pulls something I have to see how much he hurts even though he says nothing. My husband is no dead beat he loves his children and would sacrfice anything for them. It bothers him not to see his children like he was able to .
Hopeb_2003
09-12-2006, 09:39 AM
my miles were a some what more then what it really is i am sure. Sorry for that
cyjeff
09-12-2006, 09:47 AM
Visitation is a commitment from both parties sworn to in a court of law. Neither can legally modify that document without a court order.
Therefore, she is not permitted to deny visitation. If she does again, record it and take her to court for contempt.
The Saturday class is something you guys need to work out. That sounds like a blatent attempt to get in the way of custody. However, making a child give up a class they love could really make you out to be the bad guy. That was a pretty cheesy move on her part without clearing it with you first.
someone more knowledgable than me will have to discuss the CS modification.
Hopeb_2003
09-12-2006, 09:51 AM
Thank you for what information you were able to give me I will have my husband read it when he comes home.
cyjeff
09-12-2006, 09:57 AM
Not to be blunt....
Okay, I'll be blunt... tell your husband to grow a backbone where the children are concerned. He let the ex move the children to another state without a written procedure on how he will obtain visitation, he let the ex enroll the children in classes that knowingly interfere with his custody, let's his ex rant at him for picking up the children when it is time for his legal visitation, and then wonders if he needs a lawyer because she wants more money.
Tell her this... that if she doesn't call off the modification, he will take her to court for modifications including set and adhered to visitation, mutually acceptable transportation to and from visitation (meeting halfway) and adjusted CS based upon her income.
He says he doesn't want to upset his kids... isn't the current situation worse?
Hopeb_2003
09-12-2006, 11:02 AM
I agree totally. When he first got the notice he was all ready to get an attorney. He even got a number from one of his co workers that said knew a great attorney. Then on Monday I asked him If he called the attorney for a consultation and he said he was going to wait.
cyjeff
09-12-2006, 01:36 PM
If he goes to this modification without an attorney, it would be like showing up with a knife to a gun fight.... and he will get bar be qued.
Get a lawyer... today. Find one that can practice in Alabama and Florida (they may be reciprocal, but I don't know), and get the process started.
It is amazing how much stress is off you when you have a "hired gun" telling you exactly what can and can not happen. Court is a place where fences around adult behavior are erected... you don't want to go in unprepared.
Hopeb_2003
09-14-2006, 06:57 AM
Thank you for all your advice He called a few attorneys and found that we do have to get someone for both area's or two seperate areas. Because the childsupport can be handled here, but, not being allowed to see his children has to be taken care of by a florida attorney. So we are actually on the search for an attorney that practice in both states. If we are unable to do so we are going to take care of the modification first then go for the rest after words. Thank you for your help, him seeing someone else say some of the same things I had said helped.
xena
09-14-2006, 05:24 PM
Thank you for all your advice He called a few attorneys and found that we do have to get someone for both area's or two seperate areas. Because the childsupport can be handled here, but, not being allowed to see his children has to be taken care of by a florida attorney. So we are actually on the search for an attorney that practice in both states. If we are unable to do so we are going to take care of the modification first then go for the rest after words. Thank you for your help, him seeing someone else say some of the same things I had said helped.
Here's the number for the Florida Bar Referral Service: 1-800-342-8011.
Hopeb_2003
09-15-2006, 07:45 PM
Thank you for all your help we both really greatful for you help :)
cyjeff
09-15-2006, 08:50 PM
Good luck.
The children need every person that loves them in their life right now. Do what you can to be there for them.
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