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I need help ASAP! New Jersey

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  • I need help ASAP! New Jersey

    My fiancée has a 5 year old daughter and a very difficult ex-wife. They have joint legal custody. He has been trying to increase his visitation time to get an extra hour during the week and an extra overnight on his weekends. The original visitation order was made when his daughter was 8 mths. old. The judge says that her change in age is not sufficient change in circumstance. What WOULD be?
    Also the child’s mother enrolled the child in private school without speaking to my fiancée and he is now being made to pay 50% percent of the cost. Should he be made to pay when public schooling is available? According to the divorce decree they should discuss these things, but the ex-wife doesn't care.
    Can we continue to file motions that ask for some of the same things time and time again? The ex-wife files papers saying that things cannot be heard once decided upon (that its reconsideration)...is that true? And if so, how can we get around it?
    Sorry so long!!! Thanks for any insight you can give!
    Last edited by stepmom7; 12-05-2006, 10:10 AM.

  • #2
    Q: Should he be made to pay when public schooling is available? According to the divorce decree they should discuss these things, but the ex-wife doesn't care.

    A: Then he should file a motion that this not be allowed.
    “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

    --Benjamin Franklin

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    • #3
      insight, the word is insight....

      and is there anything in the court order that says he has to pay for private school? if not he needs to stop paying for it NOW, if he continues to pay it then it's basically saying he is in agreement...

      mom wants stuff, dad wants stuff...they are in and out of court, have they tried mediation?
      http://www.gestaltmediation.com/

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      • #4
        the judge allowed the ex-wife to enroll the child in private school based on the fact that tuition was cheeper than before and after school care she would need if the child went to public school. However we later found out the ex-wife lied about tuition cost.

        The ex-wife refuses to go to mediation. Should he ask the court to make it mandatory?

        Comment


        • #5
          Originally posted by stepmom7 View Post
          My fiancée has a 5 year old daughter and a very difficult ex-wife. They have joint legal custody. He has been trying to increase his visitation time to get an extra hour during the week and an extra overnight on his weekends. The original visitation order was made when his daughter was 8 mths. old. The judge says that her change in age is not sufficient change in circumstance. What WOULD be?
          Also the child’s mother enrolled the child in private school without speaking to my fiancée and he is now being made to pay 50% percent of the cost. Should he be made to pay when public schooling is available? According to the divorce decree they should discuss these things, but the ex-wife doesn't care.
          Can we continue to file motions that ask for some of the same things time and time again? The ex-wife files papers saying that things cannot be heard once decided upon (that its reconsideration)...is that true? And if so, how can we get around it?
          Sorry so long!!! Thanks for any insight you can give!
          What is the existing visitation order?
          Unless he is already getting alot more than the normal amount of time, it seems odd that a Judge is saying that there isn't a big difference between an infant and a kindergarden age child. A child beginning school (compared to infancy/daycare) MIGHT be used as a substancial change requiring a modification of visitation.

          His ex MIGHT be right about issues that have already been heard. But there is a HUGE difference between reconsideration (res judicata) and a modification. Unfortunately, when a Judge wishes, he/she can so easily claim that issues are res judicata when in fact they are an unheard pleading to modify the order. In a situation like that all that can be done is to get an attorney to deal with it.

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          • #6
            exisiting visitation is Tuesday/Thursday 4-7:30 and every other weekend Sat @ 1-Sunday @ 7. Judge doesn't like him. We were able to get a change in venue so we'll see what the new judge says. Thanks for the info!!!

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            • #7
              Originally posted by stepmom7 View Post
              exisiting visitation is Tuesday/Thursday 4-7:30 and every other weekend Sat @ 1-Sunday @ 7. Judge doesn't like him. We were able to get a change in venue so we'll see what the new judge says. Thanks for the info!!!
              I'm glad that a different Judge will be hearing the case, it sure seems like the other Judge was biased. Please post again and let us know how things work out.

              Comment


              • #8
                I will thanks!

                Comment

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