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Melanie Barnabe · Oct 23, 2008, 09:17 AM

My fianace has two kids with his ex wife, they got divorced two years ago, they do have an agreement that he pay his support and also pays 45% of extra activities... The mother also has sole custody of the children. They have been in dispute for almost 1 1/2 in regards to this. He has access to the children every second weekend. But on those access weekend she does not supply any colthing except for what's on their back. We have had to purchase clothing for the kids. He is having a hard time with his lawyer not getting back to us with any answers, he has told the laywer that he pays the 45% and she does not supply any clothing, the lawyer states that he should not pay the 45%... so he hasn't, the laywer has sent letters to the other lawyer in regards to the colthing part and stating that he will not pay for the 45%... it's been since Dec 2007 since he has not paid for the 45% and it keeps getting higher and higher.

What should he do? My Finance and his ex do not talk only by email, when she does talk to him she is very nasty. He thinks that if he does not pay she will not allow access to the children.

Also in the summer he tried to get the kids on a different weekend, and they ended up going to court and the judge ruled that the children stay with the mother but at christmas the children will be in the fathers care for the first half... she was also planning a trip so she says, but never left the province. But he also was granted more access during holidays and summer vacation. Can she change what the judge has stated?

stinawords · Oct 23, 2008, 09:44 AM

No she can't change the judge's rulling but neither can he. So if he wants his visitation enforced then he needs to go back to court to have the order enforced she can be held in contempt just as easily as he can for not paying support as ordered. But you will have to remember that you have no legal standig so you will have to let him fight his battles and just be there to support him really the only thing you can do in the court room is harm if you show any frustration or anything.

cdad · Oct 23, 2008, 01:49 PM

Also don't look upon it as a negative that they can only communicate by email because that way you have proof of communication. And if she is threatening in the emails be sure and take them to court next time you go.