Ok hear is my situation. I am separated from my wife for about 8 years ( I know that I should have gotten divorced a WHILE ago). I have already won Temporary residential custody of my child who is now 8 years of age. I never asked her for child support for the 8 years I have had custody of the child, granted that she kept up with her visitation and provided medical insurance for him. Well I recently desided to sue her for child support because she she fails to see her child, and doesn't call him. She will usually call or ask to see him on holidays if that. She didn't even call him last August for his birthday. She has only provided Health Insurance for him for like 6 month of his life, so I pay for his doctor bills out of my pocket if he has to see the doctor. Which are $85 a visit now. Needless to say I won the case in court for the child support.
My Ex likes to talk bad about me to my Son when she does talk to him. I don't know if it is because she is jealous of the life that I have had with my kid or what, but I don't think that that is fair for the child to hear these things about me when they aren't true. She talk's really nasty to me when and IF I allow her to even speak to me ( I choose to not talk to her) I recently found out that she told my child that she will speak to me that way until I learn to grow up. Now, in my opinion how am I the one that needs to grow up? That just doesn't make sense to me.
This leads to my question. Is this a liable reason to sue my Ex when we go for a divorce (which was the main reason I filed for child support) for Mental Child Abuse or degrading my character in front of my child. Usually after he talks to her his whole attitude will change. He gets nasty, and even has had problems in school because she is never around. I have worked very hard with the school that he goes to now to turn his grades from f's and d's and cursing and acting like a bully in school, into a well behaved polite straight A student.