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Soc, Girlfriend has a sticky situation with abusive Ex

Started by Darryl, Apr 12, 2004, 07:45:41 AM

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Darryl

I will try to be short. After 15 years of physically abusive (documented) marriage, divorce was final October of last year. She walked away with only clothes, car and 2 of 3 children. He kept one child, house, equity, all furniture and posessions. She pays all medical and there is no child support. She agreed to all of this only to get away. He earns 75K, she 35K.

Now she regrets leaving 1 child and also attempted to negotiate child support via her attorney. He went berserk in front of the kids and threatened to kill her, me (I only met her after 1 year of separation), her family and himself and told her she wouldn't get a dime. The kids were bawling, she was terrified and dropped the issue again.

I am not pressuring her and would feel awful if something happened but she really could use some help. I was shocked when the judge signed the decree without questioning the disproportionate property settlement and lack of support. I pay over $1000.00 a month in child support so we are barely getting by.

He has made these same death threats on the phone any time money has ever been mentioned. He has not contributed a dime since she left him almost 2 years ago.

1. Can she reopen ALL aspects of the divorce case including custody, property and child support by proving she feared for her life?

2. Is there a 'safe' way to attempt this that would offer her some sort of protection?

3. Is it too late to get her other child back?


Thanks Soc and I hope my post fit your guidelines.

Darryl

Darryl


socrateaser

>1. Can she reopen ALL aspects of the divorce case including
>custody, property and child support by proving she feared for
>her life?

If she had an attorney represent her when the stipulated judgment was made, then you are outta luck. If not, then you might be able to reopen the case, but you'd need some pretty convincing proof, and I don't see anything from your facts that would suffice.

>
>2. Is there a 'safe' way to attempt this that would offer her
>some sort of protection?

If you are afraid for her life, then don't reopen the case. Court orders aren't "bulletproof."

>
>3. Is it too late to get her other child back?

No, but you will have to prove a material change in circumstances affecting the child's best interest, and I see no facts to support this motion.

Darryl

That's kind of what I figured for the most part. Yes, she had an attorney but was still bullied severely and made all the deals privately (did not pusue the issues in court) because that was the only way out. We will let him go away. He doesn't attempt any visitation. It's funny how the (expletive)'s always win.

Appreciate your advice.