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#11
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I need help with a question
Thanks for the info. Actually I am the third wife. Second wife is deceased.
I understand he has an obligation to his children. Like I said before the 1st ex just keeps coming after more and more. Plus she wants him in jail all at the same time. It's pure greed. She wants us living on the street and paying child support also. And we are getting ready to get into a custody battle with deceased wife's family to get his daughter back. They took her when second wife died and he was in FL, helping his mother. This was last year before we met. They pushed the guardianship threw with out him knowing, and I just recently went to the court house to see if deceased wife had a will giving custody of child to her family. I found the guardianship papers and no will. Aunt filed the papers and it was approved in less than a month. Some days I don't know if I am coming or going. Any information is greatly appreciated. Angel "frazil" wrote in message ... Ah welcome to the world of CS. As a second spouse you do come second. Your ex is required to pay his court ordered CS based on his income. That some of his income supports you, is irrelevent for determining his CS obligation. Her statement that her new husband pays nothing towards raising the children is also irrelevent when determining his CS obligation, as is your income, and the expensive cars and designer clothes. Further your medical expenses are secondary when it comes to his CS payment. IOW, he can pay your medical expenses, but can not use the fact of paying your medical expenses as a reason not to pay his CS obligation. The only factors you mention that are relevent to determining his CS obligation a 1) the oldest child turning 18, and 2) the ex not working. Depending on what the CS order says, he may not be obligated for CS for the 18 year-old, although many recent CS orders require CS for the 18 year old if the 18 year old is enrolled in a post-secondary education program (i.e. college, trade school, etc.) While the ex's unemployment is a factor, my experience is that it will have little effect on what he pays, because the state will impute an income for her (i.e. decide what she could earn if she worked and assume that she earns that amount), or her income may not be used is the state formula for determining CS. If the state with jurisdiction uses the income shares formula, it is almost certain that the state will impute her an income, because that can result in a greater CS obligation for him. This is a result of the assumption that the amount spent on the children is directly proportional to the combined income of the parents. My advice is to you is to stay out of the situation to the extent you are able and learn to accept the fact that when it comes to CS, you and he (and any children you and he may have) are secondary when it come to the ex and her children. One more thing, she, the ex, can say anything she wants, but it is only what the court orders that has any force. Angel wrote in message ... Hello, I just came from a "mistake of fact hearing". I stood in for my new husband. And I got to met the ex. They way I had things figured was way off from what there (CS & ex's) figures are. But when I spoke up and said something she (ex) laughed at me. As it turns out the state is right, so as to what there figures say. The ex belittled me right in front of the woman that was conducting the investigation. She said that her children come first, before the new wife. We also, have a modification coming up because the oldest child is now 18 and graduated from school. The ex proceeded to tell me that she will fight the modification, and that here new husband doesn't contribute to raising the children...But these children have expensive cars to drive and all the designer clothes that are on the market and the ex doesn't work. The ex also, told me that my husband has no right to pay for my medical expenses or medicine when her children are to come first. I broke down into tears after she left. I don't know which way to go as I am new to all of this CS stuff. Can some on please give me some suggestion or advice. Thanks Angel |
#12
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I need help with a question
Thanks for the info. Actually I am the third wife. Second wife is deceased.
I understand he has an obligation to his children. Like I said before the 1st ex just keeps coming after more and more. Plus she wants him in jail all at the same time. It's pure greed. She wants us living on the street and paying child support also. And we are getting ready to get into a custody battle with deceased wife's family to get his daughter back. They took her when second wife died and he was in FL, helping his mother. This was last year before we met. They pushed the guardianship threw with out him knowing, and I just recently went to the court house to see if deceased wife had a will giving custody of child to her family. I found the guardianship papers and no will. Aunt filed the papers and it was approved in less than a month. Some days I don't know if I am coming or going. Any information is greatly appreciated. Angel "frazil" wrote in message ... Ah welcome to the world of CS. As a second spouse you do come second. Your ex is required to pay his court ordered CS based on his income. That some of his income supports you, is irrelevent for determining his CS obligation. Her statement that her new husband pays nothing towards raising the children is also irrelevent when determining his CS obligation, as is your income, and the expensive cars and designer clothes. Further your medical expenses are secondary when it comes to his CS payment. IOW, he can pay your medical expenses, but can not use the fact of paying your medical expenses as a reason not to pay his CS obligation. The only factors you mention that are relevent to determining his CS obligation a 1) the oldest child turning 18, and 2) the ex not working. Depending on what the CS order says, he may not be obligated for CS for the 18 year-old, although many recent CS orders require CS for the 18 year old if the 18 year old is enrolled in a post-secondary education program (i.e. college, trade school, etc.) While the ex's unemployment is a factor, my experience is that it will have little effect on what he pays, because the state will impute an income for her (i.e. decide what she could earn if she worked and assume that she earns that amount), or her income may not be used is the state formula for determining CS. If the state with jurisdiction uses the income shares formula, it is almost certain that the state will impute her an income, because that can result in a greater CS obligation for him. This is a result of the assumption that the amount spent on the children is directly proportional to the combined income of the parents. My advice is to you is to stay out of the situation to the extent you are able and learn to accept the fact that when it comes to CS, you and he (and any children you and he may have) are secondary when it come to the ex and her children. One more thing, she, the ex, can say anything she wants, but it is only what the court orders that has any force. Angel wrote in message ... Hello, I just came from a "mistake of fact hearing". I stood in for my new husband. And I got to met the ex. They way I had things figured was way off from what there (CS & ex's) figures are. But when I spoke up and said something she (ex) laughed at me. As it turns out the state is right, so as to what there figures say. The ex belittled me right in front of the woman that was conducting the investigation. She said that her children come first, before the new wife. We also, have a modification coming up because the oldest child is now 18 and graduated from school. The ex proceeded to tell me that she will fight the modification, and that here new husband doesn't contribute to raising the children...But these children have expensive cars to drive and all the designer clothes that are on the market and the ex doesn't work. The ex also, told me that my husband has no right to pay for my medical expenses or medicine when her children are to come first. I broke down into tears after she left. I don't know which way to go as I am new to all of this CS stuff. Can some on please give me some suggestion or advice. Thanks Angel |
#13
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I need help with a question
Thanks for the info. Actually I am the third wife. Second wife is deceased.
I understand he has an obligation to his children. Like I said before the 1st ex just keeps coming after more and more. Plus she wants him in jail all at the same time. It's pure greed. She wants us living on the street and paying child support also. And we are getting ready to get into a custody battle with deceased wife's family to get his daughter back. They took her when second wife died and he was in FL, helping his mother. This was last year before we met. They pushed the guardianship threw with out him knowing, and I just recently went to the court house to see if deceased wife had a will giving custody of child to her family. I found the guardianship papers and no will. Aunt filed the papers and it was approved in less than a month. Some days I don't know if I am coming or going. Any information is greatly appreciated. Angel "frazil" wrote in message ... Ah welcome to the world of CS. As a second spouse you do come second. Your ex is required to pay his court ordered CS based on his income. That some of his income supports you, is irrelevent for determining his CS obligation. Her statement that her new husband pays nothing towards raising the children is also irrelevent when determining his CS obligation, as is your income, and the expensive cars and designer clothes. Further your medical expenses are secondary when it comes to his CS payment. IOW, he can pay your medical expenses, but can not use the fact of paying your medical expenses as a reason not to pay his CS obligation. The only factors you mention that are relevent to determining his CS obligation a 1) the oldest child turning 18, and 2) the ex not working. Depending on what the CS order says, he may not be obligated for CS for the 18 year-old, although many recent CS orders require CS for the 18 year old if the 18 year old is enrolled in a post-secondary education program (i.e. college, trade school, etc.) While the ex's unemployment is a factor, my experience is that it will have little effect on what he pays, because the state will impute an income for her (i.e. decide what she could earn if she worked and assume that she earns that amount), or her income may not be used is the state formula for determining CS. If the state with jurisdiction uses the income shares formula, it is almost certain that the state will impute her an income, because that can result in a greater CS obligation for him. This is a result of the assumption that the amount spent on the children is directly proportional to the combined income of the parents. My advice is to you is to stay out of the situation to the extent you are able and learn to accept the fact that when it comes to CS, you and he (and any children you and he may have) are secondary when it come to the ex and her children. One more thing, she, the ex, can say anything she wants, but it is only what the court orders that has any force. Angel wrote in message ... Hello, I just came from a "mistake of fact hearing". I stood in for my new husband. And I got to met the ex. They way I had things figured was way off from what there (CS & ex's) figures are. But when I spoke up and said something she (ex) laughed at me. As it turns out the state is right, so as to what there figures say. The ex belittled me right in front of the woman that was conducting the investigation. She said that her children come first, before the new wife. We also, have a modification coming up because the oldest child is now 18 and graduated from school. The ex proceeded to tell me that she will fight the modification, and that here new husband doesn't contribute to raising the children...But these children have expensive cars to drive and all the designer clothes that are on the market and the ex doesn't work. The ex also, told me that my husband has no right to pay for my medical expenses or medicine when her children are to come first. I broke down into tears after she left. I don't know which way to go as I am new to all of this CS stuff. Can some on please give me some suggestion or advice. Thanks Angel |
#14
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I need help with a question
"Angel" wrote in message ... Thanks for the info. Actually I am the third wife. Second wife is deceased. I understand he has an obligation to his children. Like I said before the 1st ex just keeps coming after more and more. Plus she wants him in jail all at the same time. It's pure greed. She wants us living on the street and paying child support also. And we are getting ready to get into a custody battle with deceased wife's family to get his daughter back. They took her when second wife died and he was in FL, helping his mother. This was last year before we met. They pushed the guardianship threw with out him knowing, and I just recently went to the court house to see if deceased wife had a will giving custody of child to her family. I found the guardianship papers and no will. Aunt filed the papers and it was approved in less than a month. Some days I don't know if I am coming or going. Any information is greatly appreciated. Angel ------------------------------------- Boy, do I know where you're coming from. I am a second wife, (well wife-to-be), and we have been dealing with a lying and greedy ex for the past six years. The cs was based on lies she said concerning her income. A few months before the separation, they refinanced their house and to do that she claimed an income of forty thoousand a year. Then, later that year when she filed for divorce she suddenly had in income of four or five hundred a month. They allowed her that amount even though she graduated from college and is ten years older than he is. At the same time, they imputed an income to him even though he was unemployed through no fault of his own. So the cs was set up on totally wrong figures. And, since this is through the tribal courts, of which she is part of "the ruling family", they ignored the fact that she and each of her kids get an allotment from the tribe several times a year,(she kept the allotments for all eight or nine of her kids for herself), as well as ignoring that she receives almost five hundred a month in SSD for the support of the youngest child who has down's syndrome. She disappeared with the kids and it took us nearly five years to find them. And until, Sept 9th we hadn't seen them and only talked to his eldest daughter on the phone once. Now we have the middle daughter, fifteen years old, living here with us. The ex couldn't handle her and so let her come here. We are still paying over five hundred and fifty dollars a month towards her support to the ex, who if she was the least bit decent would send it back so we could have enough to buy her school clothes at a real store instead of just thrift shops and give her lunch money instead of having to pack a lunch everyday. But, of course she wouldn't do that. And the problem is if we were to go back to court the cs amount would probably go up and they would still take fifty percent of his paycheck plus any tax refund. She is remarried and he works at the casino while she has decided not to work but instead spends all her time and the money gambling. Since there was an automatic arrearage when cs first began the possibilty of jail and license loss has been hanging over our heads as well. And I have been the one doing all the research and writing the motions, (which were never filed), to try to reduce cs and perhaps to get custody. He has a hard time understanding the laws and I love doing legal research so it just naturally fell to me. As for the second wife's family getting guardianship of the child, he should stand a good chance of receiving custody. I don't think she could just 'will' the children to her family. Not without his permission. It's too much like adopting the kid out so it definately requires his agreement. So I would get that started right away, because the longer you wait the more likely the court will think that you had no interest in the child because you did nothing for so long and the child is used to living with her family so they might rule in their favor. I am buried in paperwork! ~AZ~ "frazil" wrote in message ... Ah welcome to the world of CS. As a second spouse you do come second. Your ex is required to pay his court ordered CS based on his income. That some of his income supports you, is irrelevent for determining his CS obligation. Her statement that her new husband pays nothing towards raising the children is also irrelevent when determining his CS obligation, as is your income, and the expensive cars and designer clothes. Further your medical expenses are secondary when it comes to his CS payment. IOW, he can pay your medical expenses, but can not use the fact of paying your medical expenses as a reason not to pay his CS obligation. The only factors you mention that are relevent to determining his CS obligation a 1) the oldest child turning 18, and 2) the ex not working. Depending on what the CS order says, he may not be obligated for CS for the 18 year-old, although many recent CS orders require CS for the 18 year old if the 18 year old is enrolled in a post-secondary education program (i.e. college, trade school, etc.) While the ex's unemployment is a factor, my experience is that it will have little effect on what he pays, because the state will impute an income for her (i.e. decide what she could earn if she worked and assume that she earns that amount), or her income may not be used is the state formula for determining CS. If the state with jurisdiction uses the income shares formula, it is almost certain that the state will impute her an income, because that can result in a greater CS obligation for him. This is a result of the assumption that the amount spent on the children is directly proportional to the combined income of the parents. My advice is to you is to stay out of the situation to the extent you are able and learn to accept the fact that when it comes to CS, you and he (and any children you and he may have) are secondary when it come to the ex and her children. One more thing, she, the ex, can say anything she wants, but it is only what the court orders that has any force. Angel wrote in message ... Hello, I just came from a "mistake of fact hearing". I stood in for my new husband. And I got to met the ex. They way I had things figured was way off from what there (CS & ex's) figures are. But when I spoke up and said something she (ex) laughed at me. As it turns out the state is right, so as to what there figures say. The ex belittled me right in front of the woman that was conducting the investigation. She said that her children come first, before the new wife. We also, have a modification coming up because the oldest child is now 18 and graduated from school. The ex proceeded to tell me that she will fight the modification, and that here new husband doesn't contribute to raising the children...But these children have expensive cars to drive and all the designer clothes that are on the market and the ex doesn't work. The ex also, told me that my husband has no right to pay for my medical expenses or medicine when her children are to come first. I broke down into tears after she left. I don't know which way to go as I am new to all of this CS stuff. Can some on please give me some suggestion or advice. Thanks Angel |
#15
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I need help with a question
"Angel" wrote in message ... Thanks for the info. Actually I am the third wife. Second wife is deceased. I understand he has an obligation to his children. Like I said before the 1st ex just keeps coming after more and more. Plus she wants him in jail all at the same time. It's pure greed. She wants us living on the street and paying child support also. And we are getting ready to get into a custody battle with deceased wife's family to get his daughter back. They took her when second wife died and he was in FL, helping his mother. This was last year before we met. They pushed the guardianship threw with out him knowing, and I just recently went to the court house to see if deceased wife had a will giving custody of child to her family. I found the guardianship papers and no will. Aunt filed the papers and it was approved in less than a month. Some days I don't know if I am coming or going. Any information is greatly appreciated. Angel ------------------------------------- Boy, do I know where you're coming from. I am a second wife, (well wife-to-be), and we have been dealing with a lying and greedy ex for the past six years. The cs was based on lies she said concerning her income. A few months before the separation, they refinanced their house and to do that she claimed an income of forty thoousand a year. Then, later that year when she filed for divorce she suddenly had in income of four or five hundred a month. They allowed her that amount even though she graduated from college and is ten years older than he is. At the same time, they imputed an income to him even though he was unemployed through no fault of his own. So the cs was set up on totally wrong figures. And, since this is through the tribal courts, of which she is part of "the ruling family", they ignored the fact that she and each of her kids get an allotment from the tribe several times a year,(she kept the allotments for all eight or nine of her kids for herself), as well as ignoring that she receives almost five hundred a month in SSD for the support of the youngest child who has down's syndrome. She disappeared with the kids and it took us nearly five years to find them. And until, Sept 9th we hadn't seen them and only talked to his eldest daughter on the phone once. Now we have the middle daughter, fifteen years old, living here with us. The ex couldn't handle her and so let her come here. We are still paying over five hundred and fifty dollars a month towards her support to the ex, who if she was the least bit decent would send it back so we could have enough to buy her school clothes at a real store instead of just thrift shops and give her lunch money instead of having to pack a lunch everyday. But, of course she wouldn't do that. And the problem is if we were to go back to court the cs amount would probably go up and they would still take fifty percent of his paycheck plus any tax refund. She is remarried and he works at the casino while she has decided not to work but instead spends all her time and the money gambling. Since there was an automatic arrearage when cs first began the possibilty of jail and license loss has been hanging over our heads as well. And I have been the one doing all the research and writing the motions, (which were never filed), to try to reduce cs and perhaps to get custody. He has a hard time understanding the laws and I love doing legal research so it just naturally fell to me. As for the second wife's family getting guardianship of the child, he should stand a good chance of receiving custody. I don't think she could just 'will' the children to her family. Not without his permission. It's too much like adopting the kid out so it definately requires his agreement. So I would get that started right away, because the longer you wait the more likely the court will think that you had no interest in the child because you did nothing for so long and the child is used to living with her family so they might rule in their favor. I am buried in paperwork! ~AZ~ "frazil" wrote in message ... Ah welcome to the world of CS. As a second spouse you do come second. Your ex is required to pay his court ordered CS based on his income. That some of his income supports you, is irrelevent for determining his CS obligation. Her statement that her new husband pays nothing towards raising the children is also irrelevent when determining his CS obligation, as is your income, and the expensive cars and designer clothes. Further your medical expenses are secondary when it comes to his CS payment. IOW, he can pay your medical expenses, but can not use the fact of paying your medical expenses as a reason not to pay his CS obligation. The only factors you mention that are relevent to determining his CS obligation a 1) the oldest child turning 18, and 2) the ex not working. Depending on what the CS order says, he may not be obligated for CS for the 18 year-old, although many recent CS orders require CS for the 18 year old if the 18 year old is enrolled in a post-secondary education program (i.e. college, trade school, etc.) While the ex's unemployment is a factor, my experience is that it will have little effect on what he pays, because the state will impute an income for her (i.e. decide what she could earn if she worked and assume that she earns that amount), or her income may not be used is the state formula for determining CS. If the state with jurisdiction uses the income shares formula, it is almost certain that the state will impute her an income, because that can result in a greater CS obligation for him. This is a result of the assumption that the amount spent on the children is directly proportional to the combined income of the parents. My advice is to you is to stay out of the situation to the extent you are able and learn to accept the fact that when it comes to CS, you and he (and any children you and he may have) are secondary when it come to the ex and her children. One more thing, she, the ex, can say anything she wants, but it is only what the court orders that has any force. Angel wrote in message ... Hello, I just came from a "mistake of fact hearing". I stood in for my new husband. And I got to met the ex. They way I had things figured was way off from what there (CS & ex's) figures are. But when I spoke up and said something she (ex) laughed at me. As it turns out the state is right, so as to what there figures say. The ex belittled me right in front of the woman that was conducting the investigation. She said that her children come first, before the new wife. We also, have a modification coming up because the oldest child is now 18 and graduated from school. The ex proceeded to tell me that she will fight the modification, and that here new husband doesn't contribute to raising the children...But these children have expensive cars to drive and all the designer clothes that are on the market and the ex doesn't work. The ex also, told me that my husband has no right to pay for my medical expenses or medicine when her children are to come first. I broke down into tears after she left. I don't know which way to go as I am new to all of this CS stuff. Can some on please give me some suggestion or advice. Thanks Angel |
#16
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I need help with a question
"Angel" wrote in message ... Thanks for the info. Actually I am the third wife. Second wife is deceased. I understand he has an obligation to his children. Like I said before the 1st ex just keeps coming after more and more. Plus she wants him in jail all at the same time. It's pure greed. She wants us living on the street and paying child support also. And we are getting ready to get into a custody battle with deceased wife's family to get his daughter back. They took her when second wife died and he was in FL, helping his mother. This was last year before we met. They pushed the guardianship threw with out him knowing, and I just recently went to the court house to see if deceased wife had a will giving custody of child to her family. I found the guardianship papers and no will. Aunt filed the papers and it was approved in less than a month. Some days I don't know if I am coming or going. Any information is greatly appreciated. Angel ------------------------------------- Boy, do I know where you're coming from. I am a second wife, (well wife-to-be), and we have been dealing with a lying and greedy ex for the past six years. The cs was based on lies she said concerning her income. A few months before the separation, they refinanced their house and to do that she claimed an income of forty thoousand a year. Then, later that year when she filed for divorce she suddenly had in income of four or five hundred a month. They allowed her that amount even though she graduated from college and is ten years older than he is. At the same time, they imputed an income to him even though he was unemployed through no fault of his own. So the cs was set up on totally wrong figures. And, since this is through the tribal courts, of which she is part of "the ruling family", they ignored the fact that she and each of her kids get an allotment from the tribe several times a year,(she kept the allotments for all eight or nine of her kids for herself), as well as ignoring that she receives almost five hundred a month in SSD for the support of the youngest child who has down's syndrome. She disappeared with the kids and it took us nearly five years to find them. And until, Sept 9th we hadn't seen them and only talked to his eldest daughter on the phone once. Now we have the middle daughter, fifteen years old, living here with us. The ex couldn't handle her and so let her come here. We are still paying over five hundred and fifty dollars a month towards her support to the ex, who if she was the least bit decent would send it back so we could have enough to buy her school clothes at a real store instead of just thrift shops and give her lunch money instead of having to pack a lunch everyday. But, of course she wouldn't do that. And the problem is if we were to go back to court the cs amount would probably go up and they would still take fifty percent of his paycheck plus any tax refund. She is remarried and he works at the casino while she has decided not to work but instead spends all her time and the money gambling. Since there was an automatic arrearage when cs first began the possibilty of jail and license loss has been hanging over our heads as well. And I have been the one doing all the research and writing the motions, (which were never filed), to try to reduce cs and perhaps to get custody. He has a hard time understanding the laws and I love doing legal research so it just naturally fell to me. As for the second wife's family getting guardianship of the child, he should stand a good chance of receiving custody. I don't think she could just 'will' the children to her family. Not without his permission. It's too much like adopting the kid out so it definately requires his agreement. So I would get that started right away, because the longer you wait the more likely the court will think that you had no interest in the child because you did nothing for so long and the child is used to living with her family so they might rule in their favor. I am buried in paperwork! ~AZ~ "frazil" wrote in message ... Ah welcome to the world of CS. As a second spouse you do come second. Your ex is required to pay his court ordered CS based on his income. That some of his income supports you, is irrelevent for determining his CS obligation. Her statement that her new husband pays nothing towards raising the children is also irrelevent when determining his CS obligation, as is your income, and the expensive cars and designer clothes. Further your medical expenses are secondary when it comes to his CS payment. IOW, he can pay your medical expenses, but can not use the fact of paying your medical expenses as a reason not to pay his CS obligation. The only factors you mention that are relevent to determining his CS obligation a 1) the oldest child turning 18, and 2) the ex not working. Depending on what the CS order says, he may not be obligated for CS for the 18 year-old, although many recent CS orders require CS for the 18 year old if the 18 year old is enrolled in a post-secondary education program (i.e. college, trade school, etc.) While the ex's unemployment is a factor, my experience is that it will have little effect on what he pays, because the state will impute an income for her (i.e. decide what she could earn if she worked and assume that she earns that amount), or her income may not be used is the state formula for determining CS. If the state with jurisdiction uses the income shares formula, it is almost certain that the state will impute her an income, because that can result in a greater CS obligation for him. This is a result of the assumption that the amount spent on the children is directly proportional to the combined income of the parents. My advice is to you is to stay out of the situation to the extent you are able and learn to accept the fact that when it comes to CS, you and he (and any children you and he may have) are secondary when it come to the ex and her children. One more thing, she, the ex, can say anything she wants, but it is only what the court orders that has any force. Angel wrote in message ... Hello, I just came from a "mistake of fact hearing". I stood in for my new husband. And I got to met the ex. They way I had things figured was way off from what there (CS & ex's) figures are. But when I spoke up and said something she (ex) laughed at me. As it turns out the state is right, so as to what there figures say. The ex belittled me right in front of the woman that was conducting the investigation. She said that her children come first, before the new wife. We also, have a modification coming up because the oldest child is now 18 and graduated from school. The ex proceeded to tell me that she will fight the modification, and that here new husband doesn't contribute to raising the children...But these children have expensive cars to drive and all the designer clothes that are on the market and the ex doesn't work. The ex also, told me that my husband has no right to pay for my medical expenses or medicine when her children are to come first. I broke down into tears after she left. I don't know which way to go as I am new to all of this CS stuff. Can some on please give me some suggestion or advice. Thanks Angel |
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