Father about to lose control

[fejj165]

I need someone's help and not sure where to turn.  My wife cheated on my back in December and I have been Living with my Brother every since.  Niehter of us have filed for divorce (though I intend to because i wouldn't go back to her with a loaded gun to my head ) and we cannot agree on child support though I have told her numerous times to file a petition so we can get it over with .
Well anyway just recently she has chewed me out about not paying support ( How can I if we cannot agree or i was never ordered to ) and has been leaving threatening messages on my cell phone . Threating to go as far as coming over to my brothers and smashing my stuff if I don't start paying. OR Leaving State with my kids ( i have 2 a boy and a girl )  Lucky I saved those messages and am filing a report with the police but I need to know what else I can do to get the ball rolling here.
I am even thinking of fighting for custody of my kids because of her threatining messages. Any help would be great
Jeff

[Sherry1]

nm

[mistoffolees]

You need to file immediately and talk with a lawyer. The money you're paying now won't count as paid support and you could find yourself paying it again.

While threatening to break your things is a threat you can take action against, there's actually nothing to stop her from leaving the state with the kids until you get a court order prohibiting it. That would typically be part of your divorce agreement, so you need to get going on it.

[fejj165]

Thanks for the info   :-)

[mishelle2]

what state are you in? You have to remember you are married.. you have as much right to the custody of the kids as she does.. hell.. Id move my butt home.. file for divorce and custody and let the judge decide who gets to move out... lol...

in the mean time, file an  emergency motion for custody using your phone message as eveidence of her intention to flee with the kids and file for a temporary restraining order preventing her from doing so.. and GO SEE AN ATTORNEY TODAY....OR MAYBE TOMORROW MORNIN...  time is not on anyones side..

as for support.. You may only have to pay from the time the papers were filed.. not when you moved out. I know in CA it goes from the file date.. soooo.. good luck