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One more question, or two

Started by almostastepmom, Jul 08, 2004, 03:46:25 PM

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almostastepmom

Wa state where all parties live.

situation;  SO has 2 kids and ex is taking him back to court for more money?  He doesn't want to get married yet, because he thinks she can and will come after my income to.  

1.  Is that possable for he's ex to try to come after my income if we get married?

2. How hard is it to go for 50/50 custody after three years of just visitation rights.  Circumstances have change to a very large degree and we want to see the kids more.

Thanks

socrateaser

>1.  Is that possable for he's ex to try to come after my
>income if we get married?

Under some circumstances, if your fiance were to fall behind in his support payments, it may be possible to garnish/execute against jointly held assets and thereby obtain money that would otherwise be your separate property.

So, the short answer is, yes, indirectly.

>2. How hard is it to go for 50/50 custody after three years of
>just visitation rights.  Circumstances have change to a very
>large degree and we want to see the kids more.

You can't just tell me that circumstances have changed to a large degree -- you must tell me exactly what and how circumstances have changed.

almostastepmom

circumstances have change in that when they got a divorce he had no means of taking care of them except when he had a day off.  Now I am there to pick them up and take them home or watch them if he has to work.  He also has changed positions in he's job.  He went from working 4 days/2 days off to 3 days on/3days off and from nights to days.  Would us getting married help or hinder the situation?

wendl

Since your case is in the same county as ours, this is what one judge said to us in the pre-trial conference "he felt that most of the time 50/50 didn't work" and since you live a little ways away from the child I highly doubt it especially if you get the judge or commissioneers that I emailed you about.


Dh and I were even willing to sell my house and relocate into that god awful town.  (bm lives on the hilltop- can we say hmm drive by shootings, sex offender galore 104 within a 1/2 mile radius etc)

Also I forgot to tell you in my email, go to the xx county sherifs offce and look at the sex offenders in bms area, we did this and due to this she is no longer ALLOWED by court order to let the kids walk home alone from school.

**These are my opinions, they are not legal advice**

socrateaser

>circumstances have change in that when they got a divorce he
>had no means of taking care of them except when he had a day
>off.  Now I am there to pick them up and take them home or
>watch them if he has to work.  He also has changed positions
>in he's job.  He went from working 4 days/2 days off to 3 days
>on/3days off and from nights to days.  Would us getting
>married help or hinder the situation?

Regrettably, a substantial change effecting a non-custodial parent's circumstances, is not sufficient grounds for a new custody hearing, unless the court recognized this argument at the time of the making of the original custody order.

Custody will not be disturbed except upon proof that existing custodial circumstances adversely effect the child(ren).

Marriage of the non-custodial parent will also not be recognized as grounds for a custody change.

Sorry, but you're about to waste your time and money.

janM

If you're wanting more time, you may be able to get that. You could try for 50/50 and hopefully end up with more than you have now.