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Need help with child support & visitation case West Virginia West Virginia

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  • Need help with child support & visitation case West Virginia West Virginia

    My ex left the country in 2002,I filed for the children's custody in 2003 in Virginia ...judge awarded me sole custody and asked me why I didnt file for child support I was new in the country and didnt know what needs to be done.Only filed for custody as school wanted the papers for my daughter's admission.Then I worked my butt off to raise my two kids from 2003 till now in the meanwhile I moved to west virginia and lived with my children and got married again...last yr he found my address and sent summons to get visitation stating I was hiding children and he didnt know where to find me..I had no idea where the hell this A** hole was for all thsi time.Anyway I hired a lawyer in virginia as he lives there and she suggested I should give him visitation with supervision which I did ....then I filed for child support via DCSE he didnt reply to their requests and case is in court now.I never got any money from him for supporting them in all these yrs now every visit he brings candies and small stuff like clothes or socks and one x box,guitar and some other things for children and states he provided financial support of around 2000 dollars..lol
    now I have two cases to deal with one is child support and one is visitation........my question is ...what sort of visitation he would get ....?)
    he is asking for overnight visits from friday till sunday at his house with his new wife and a 17 yr old son...)
    Can I collect child support from him starting 2003 till now or it will only be from the day DCSE filed in court ...he is obviously delaying that case....any help or input is appreciated...

  • #2
    Originally posted by simple1 View Post
    My ex left the country in 2002,I filed for the children's custody in 2003 in Virginia ...judge awarded me sole custody and asked me why I didnt file for child support I was new in the country and didnt know what needs to be done.Only filed for custody as school wanted the papers for my daughter's admission.Then I worked my butt off to raise my two kids from 2003 till now in the meanwhile I moved to west virginia and lived with my children and got married again...last yr he found my address and sent summons to get visitation stating I was hiding children and he didnt know where to find me..I had no idea where the hell this A** hole was for all thsi time.Anyway I hired a lawyer in virginia as he lives there and she suggested I should give him visitation with supervision which I did ....then I filed for child support via DCSE he didnt reply to their requests and case is in court now.I never got any money from him for supporting them in all these yrs now every visit he brings candies and small stuff like clothes or socks and one x box,guitar and some other things for children and states he provided financial support of around 2000 dollars..lol
    now I have two cases to deal with one is child support and one is visitation........my question is ...what sort of visitation he would get ....?)
    he is asking for overnight visits from friday till sunday at his house with his new wife and a 17 yr old son...)
    Can I collect child support from him starting 2003 till now or it will only be from the day DCSE filed in court ...he is obviously delaying that case....any help or input is appreciated...
    Typically, support will only go back to when the petition was filed. However, some states do allow a year or 2 of retro support, so ask your caseworker if they can request retro support.

    As for the visitation- how long has he been visiting with your supervision?

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    • #3
      Thanks Xena for the response...he started seeing them in February of this yr its every two weeks with supervision right now.Today my kids have a meeting with their Guardian Ad Litem ....so far he visited 5 times and constantly complained about he he has to drive for 4-5 hrs and now added that he wants me to share the transportation as well .
      What you think what are my chances ?we proposed transition of visitation as end of this summer supervised...then unsupervised after that till next summer and then he can take them for overnight visit .A man who is genetically a father to my children doesnt know them but they feel he is a stranger (they were 3 and 5ywhen he left )but requests to have them overnight right away since he is back in their lives now he has every right to take them which I suspect he will try to take them back home (India).
      Any suggestions are appreciated.
      And yes ... he says he owns a limo company but only makes 33 thousand dollars /yr ??...and I am a Nurse Practitioner now went through the school and training...while I was raising my two little ones all by myself.

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      • #4
        And yes sorry forgot to mention when sole custody was awarded to me in 2003 he was present to contest it judge didnt even give him any visitation whatsoever ........he is trying to get that order modified now....for visitation.

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        • #5
          Originally posted by simple1 View Post
          Thanks Xena for the response...he started seeing them in February of this yr its every two weeks with supervision right now.Today my kids have a meeting with their Guardian Ad Litem ....so far he visited 5 times and constantly complained about he he has to drive for 4-5 hrs and now added that he wants me to share the transportation as well .
          What you think what are my chances ?we proposed transition of visitation as end of this summer supervised...then unsupervised after that till next summer and then he can take them for overnight visit .A man who is genetically a father to my children doesnt know them but they feel he is a stranger (they were 3 and 5ywhen he left )but requests to have them overnight right away since he is back in their lives now he has every right to take them which I suspect he will try to take them back home (India).
          Any suggestions are appreciated.
          And yes ... he says he owns a limo company but only makes 33 thousand dollars /yr ??...and I am a Nurse Practitioner now went through the school and training...while I was raising my two little ones all by myself.
          Your requests for vistation are very fair considering that it takes time for father and children to get to know each other.

          A court might or might not order that the 2 of you share transportation costs, that will be up to the Judge though.

          You should request that the order contain a provision that neither parent can remove the children from the state and country without the court's permission.

          33k for a business owner sounds a little low, but, you have to remember that ALL businesses are dealing with rapidly increasing costs, especially any company that involves the requirement of gas/diesel. Unless you can prove that his income (profit)is higher than he claims, you might want to leave that alone and concentrate on the visitation issues.

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          • #6
            Thanks Xena.

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