Ask Experts Questions for FREE Help !
Ask
    gypsea's Avatar
    gypsea Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 31, 2006, 10:50 AM
    x-wife in defalt of divorce agreement and visitation
    my fiance's x-wife has moved back and forth from miami to orlando fl. Several times over the last 2 years with their now 9 year old daughter. My fiancé has not spoken to or seen his daughter know for 3 months. He is supposed to have visitation according to the divorce agreement with his daughter but has not. He herd from his x-wife last night, she is know in oaklahoma with the daughter. We live in orlando. He sends child support every week to an address in miami. He is livid to say the least. He feels as though he has no rights. We do not know what to do. Any advice?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Aug 31, 2006, 04:05 PM
    Take her back to court, contact the divorce attorney
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #3

    Sep 1, 2006, 04:29 PM
    Was there any stipulation in the visitation order about her moving out of the state? If so then you can file a motion with the court and ask that a warrant be issued for her arrest. If not, then you don't have much recourse, unfortunately, as the judge is not likely to sent the authorities after someone just for denying visitation, per se. Does he send his child support payments directly to the mother? If so, he could stop sending them, on the grounds that "he doesn't know where to send them." That might get her attention and make her a little more willing to comply with the visitation order. The problem with that tactic, however, is that ultimately he'll be blamed for not paying the support that's due, whether he sees her or not. Not paying child support to spite the mother is never considered an acceptable excuse.
    SINGLE4's Avatar
    SINGLE4 Posts: 189, Reputation: 33
    Junior Member
     
    #4

    Sep 2, 2006, 09:15 AM
    I live in Nebraska and the law here is that child support is sent to the Nebraska Child Support Center and not the custodial parent! That way the court keeps track of the payment amounts and not the parents!

    Second... I agree with "s ciani" about about whether there was anything in the court order from the divorce about taking the child out of the state of (where ever you leave) without permission from you!

    Thirdly... definitely take her back to court on the grounds that she is "refusing visitation to the non-custodial parent". The is a big "NO NO"! Your attorney will get an address from you on where she is and you can send it by mail to her address "certified/ return receipt" and that is like serving someone! In Nebraska it is anyway!

    If you fiancé is interested in getting custody of her... this is definitely the time! This child does not know what stability is! Her mother keeps moving her around! Also, the visitation issue!

    TAKE HER TO COURT!!

    P.S. I use to work for an attorney for 5 years and the attorney I worked personally for specialized in family law! I am no attorney but I have seen a lot and have appeared at enough trials!

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Prenuptual Agreement [ 8 Answers ]

I have been working hard and saving money since high school and I expect to inherit some money in the fairly distant future. How can I ensure that I don't lose half of my assets if I get married and she turns out to be a goldigger who divorces me in a year or two. I have heard that prenuptual...

NEED HELP --Lease agreement [ 3 Answers ]

On April 18 I filled out an application for an apartment for June 1 and gave a $649 deposit to be held for last month rent. The next day they called and let me know I got the apartment. Since then I got back together with my girlfrend and moved back with her. I contacted the apartment company on...

Wife is restricting visitation [ 3 Answers ]

My wife is from Indonesia and has permanent residence status here in the US. In January 2005, she left with our son and went back to Indonesia. She came back to the US in August 2005. She allowed me to have visitation on weekends during Sept. Oct. and Nov. I filed for divorce in Dec. 2005. Now she...

Non-compete agreement [ 1 Answers ]

Can anyone tell me if a non-compete agreement is legally binding in Pennsylvania in sales

Lease agreement [ 1 Answers ]

I just Received a notice from my landlord that he going to up the Rent in June, Ive been living here since the late 80's. Twards the end of the notice, he writes, "New Month to Month Lease Required". And I'm not sure what's meant by that and this guy is kind of a slickster... Can anyone Help?...


View more questions Search