My husband and I have been married for two years. He has a five-year-old daughter with another woman. Basically, she moves every 3 months, from house to house, state to state. She often disappears for months and we can’t find her. Usually she calls when she needs money. He pays monthly child support of $250, which they agreed on in March 2005. In May 2005, she went to another state and got a final judgment giving her residential custody and $500 CS. She never once mentioned this final judgment to him. In April 2008 I was doing some Internet research and found it through the states record system.

Also, she moved to several different state and claimed she was unemployed and not receiving $ from both fathers (she has another child with another man). We have spoke to the States Attorney, who by the way was coming after my hubby for CS, and they told us she was committing welfare fraud. She was kicked out of "the system" for giving false information and not submitting to mandatory drug testing.

Currently she has run off to another state to be with man nearly twice her age. She recently found out that this man is the dad of her 2 yr old son. She was only down there for 5 days and they were married.

There is so much more I could say!

We have already filed for sole custody in our state. We know that her lawyer is going to try to get it dismissed but she doesn't have residency where she lives now until Nov 10th. They are pretty much stalling.

Please help us!

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Originally Posted by helpstep

My husband and I have been married for two years. He has a five-year-old daughter with another woman. Basically, she moves every 3 months, from house to house, state to state. She often disappears for months and we can’t find her. Usually she calls when she needs money. He pays monthly child support of $250, which they agreed on in March 2005. In May 2005, she went to another state and got a final judgment giving her residential custody and $500 CS. She never once mentioned this final judgment to him. In April 2008 I was doing some Internet research and found it through the states record system.

Also, she moved to several different state and claimed she was unemployed and not receiving $ from both fathers (she has another child with another man). We have spoke to the States Attorney, who by the way was coming after my hubby for CS, and they told us she was committing welfare fraud. She was kicked out of "the system" for giving false information and not submitting to mandatory drug testing.

Currently she has run off to another state to be with man nearly twice her age. She recently found out that this man is the dad of her 2 yr old son. She was only down there for 5 days and they were married.

There is so much more I could say!

We have already filed for sole custody in our state. We know that her lawyer is going to try to get it dismissed but she doesn't have residency where she lives now until Nov 10th. They are pretty much stalling.

Please help us!!

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I understand the situation. What type of help/advice are you seeking? I honestly don't know what you're looking for.

I guess my questions would be...

What happends after she is served by registered mail by my lawyer? Does he notify the courts and then we get our date? Or does she need to respond?

How can the hold a court order over your head from another state mom, dad, or baby didn't ever live in at the time of the final judgment? Will it hold up? Will they find him acctable for the back child support?

How good of a chance do you think we have? How long will it take?

It is all just so frustrating because the mother has only allowed us to see her 6 times this whole year. We have also notice a change in the child's behavior. She will no loger let us even visit the child until the court stuff is worked out. Only phone calls. Now the mom has stated that we call too much and need to be limited to one phone call on a weekday and one on the weekends. We don't even call that much.

Also, mom has not been taking her to school and told the school not to release info.
My husband just wants to set up time to meet with the teacher. They won't allow it even thought the "court order" he found out about gives him the right to do so.

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Originally Posted by helpstep

I guess my questions would be...

1) What happends after she is served by registered mail by my lawyer? Does he notify the courts and then we get our date? or does she need to respond?

2) How can the hold a court order over your head from another state mom, dad, or baby didnt ever live in at the time of the final judgment? Will it hold up? Will they find him acctable for the back child support?

3) How good of a chance do you think we have? How long will it take?

It is all just so frustrating b/c the mother has only allowed us to see her 6 times this whole year. We have also notice a change in the childs behavior. She will no loger let us even visit the child until the court stuff is worked out. Only phone calls. Now the mom has stated that we call too much and need to be limited to one phone call on a weekday and one on the weekends. We dont even call that much.

Also, mom has not been taking her to school and told the school not to release info.
My husband just wants to set up time to meet with the teacher. They wont allow it even thought the "court order" he found out about gives him the right to do so.

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{ Quote appended to better understand the answers given }


1) After the notice is sent a court date can be set. She must have reasonable time to respond ( not forever ). Your lawyer can notify the courts that notice has been sent. If she has a lawyer then he too can be notified and served if needed.

2) A court order can be held up until such time it is dismissed. There may be legitimate grounds for dismissal and that will take a hearing at the least. Until that matter is adjudicated then it must be abided by. He will need to make a motion to dismiss ( set aside ) the judgement to get it cleared up. Any CP or arrears stand until its changed.

3) No one can predict how long anything will take. And the outcome is going to be up to the judge. Its best to get all the info you can including any paperwork you can get your hands on. Ask the state she defrauded if they are going to prosecute her. You need everything in writing that you can and phone messages. Good Luck.

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Originally Posted by califdadof3

{ Quote appended to better understand the answers given }


1) After the notice is sent a court date can be set. She must have reasonable time to respond ( not forever ). Your lawyer can notify the courts that notice has been sent. If she has a lawyer then he too can be notified and served if needed.

2) A court order can be held up until such time it is dismissed. There may be legitimate grounds for dismissal and that will take a hearing at the least. Until that matter is adjudicated then it must be abided by. He will need to make a motion to dismiss ( set aside ) the judgement to get it cleared up. Any CP or arrears stand until its changed.

3) No one can predict how long anything will take. And the outcome is going to be up to the judge. Its best to get all the info you can including any paperwork you can get your hands on. Ask the state she defrauded if they are going to prosecute her. You need everything in writing that you can and phone messages. Good Luck.

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So do you think we should adjudicate this order in FL before proceeding in the state we live in?

If Florida was where the order comes from then they hold jurisdiction in the matter so it must be in their courts.

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Originally Posted by califdadof3

If florida was where the order comes from then they hold jurisdiction in the matter so it must be in thier courts.

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We have been working with a lawyer in FL. He said there is a good chance it would be thrown out since mother, father and child have no connection and don't reside there.

Mother is trying to get it dismissed in MD, and then file in GA even before she has lived there for six months.

Am I receiving bad advice?

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Originally Posted by helpstep

We have been working with a lawyer in FL. He said there is a good chance it would be thrown out since mother, father and child have no connection and don't reside there.

Mother is trying to get it dismissed in MD, and then file in GA even before she has lived there for six months.

Am I receiving bad advice?

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Im getting a little confused here. Maybe you can restate what's going on in what states. So far GA MD and FL. Is or is not Florida the state that's currently trying to collect child support in this matter ?

What is she trying to do in these other states or what relevance do they have ?

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Originally Posted by califdadof3

Im getting alittle confused here. Maybe you can restate whats going on in what states. So far GA MD and FL. Is or is not Florida the state thats currently trying to collect child support in this matter ?

What is she trying to do in these other states or what relevence do they have ?

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Yes it is very confussing. Georgia, even though she is no yet a resident in that state, has been taking his wages. She has not lived there six months yet which doesn't make her a legal resident. PA was garnishing at the same time as GA, but the case was dropped because the mother no loger lives there. She just kind of runs from state to state causing a big mess.

She goes to each state usually saying she is not recieveing support from any of her "babydaddys". Then she usually tries to get the most asst she can from that state for as long as she can.

Now, since she has gotten married she cannot collect asst from the state so she is trying to get several CSE agencies after my husband. We all know how difficult CSE can be!

I would check out the publications at the Child Custody Library. It's a great way to "check up" on your lawyer and make sure you are using all the advantages and strategies available to you.

Here's the link: Child Custody Help - Click on the link for the Free 2008 Checklist and it will take you to the Library of publications.