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Children Moving Trouble with Overnights

Started by Vega, Mar 22, 2015, 11:23:43 AM

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Vega

Ok thank you.  So IF they allow me how long would a motion to have the support paid directly as rent take to push through the system?  She has until mid April to resign the lease.

MixedBag

Now THAT is hard to say.   I guess I don't see a problem in the long run.... mom just needs to learn that when CS comes, pay rent. 

End of story.  It's really a matter of money in and right back out.

Maybe she needs to add the CS as "income" on her lease in order to qualify and not have a co-signer?

Vega

#12
Quote from: MixedBag on Mar 23, 2015, 09:32:26 AM
Now THAT is hard to say.   I guess I don't see a problem in the long run.... mom just needs to learn that when CS comes, pay rent. 

End of story.  It's really a matter of money in and right back out.

Maybe she needs to add the CS as "income" on her lease in order to qualify and not have a co-signer?

Yes in an ideal world this would be easier.  Unfortunately, I have to prepare for the possibility that things may go south and she won't pay rent and would try to move.  If I don't have enough time to get an order by mid April there's no point in trying to co sign.   I feel my only recourse may be to continue with my over nights and maybe move as well to her parents area (30 minutes away) and rent a room.  That would circumvent the court process however, I hate my children having to move.  I just don't see the courts giving me custody to prevent that from happening.   

MixedBag

I guess I'm not leaning towards co-signing in your shoes.

I'm believing that mom doesn't need a co-signer for the next year because she's paid the rent on time for the past two years.  That's good credit. 

It's very hard to get a preventive order in such short time to stop mom from moving only 30 minutes away.  There's no emergency because the kids are not in physical danger. 

What I'm also afraid of is that if the apartment place "thinks" you will co-sign, they might play hardball with mom just to get another person on the lease in case things go upside down.They'd never say that -- but several times I've been "approved" for  loan and then when the bank finds out I'm married -- it's like they refused unless HE signed too.  (And yes, I walked out and went elsewhere).

ocean

Maybe not, if you go for a emergency order to stop the kids from being pulled out of school next month then she would have to either sign the lease again or drive them back and forth to school. At same time, file a custody order. The custody hearing would not be heard before she has to move but the emergency order will be heard this week.

"Father requests restraining order for his children that they not be pulled out of their current schools as mother is threatening to move outside their current district. Children are 15, xx, and xx and have good grades, friends, and their is less than 2 months of school (I would count the school days left and right that number...). "

Then you call her out on if she will sign or not.

Another option:

Are you paying her directly for child support? Either pay her at the rental place and watch it be paid from her hands to housing or have her sign a notarized letter stating that you will be paying part child support to the rental place directly and xx to her in exchange for you co-signing rental agreement. If she leaves, her name is on there too. Maybe call a lawyer for a free consultation in your area or pay them for an hour and ask them if they can draw up an agreement to be filed with courts as an agreed amendment that you both sign. Might be worth the dollars for them to do it quick this week and both sign it next week. Then the lawyer will file for you or you can ask them how to file yourself.

Vega

Well, I certainly have no intentions on tipping the apartment complex leasing office off.  I somehow believe this may be a ploy to try and get me to move back in.  The only way I'm going to find out anything is to wait until it gets closer to the lease expiring.  She'll have to start packing at some point and that's when I'll know to file the emergency order to stop the move.  The child support is taken out of my pay directly each month.  So, I don't have an option to pressure her in using it for the rent.  Also, I think her preference really is to stay in the apartment...but, to do so with ME staying there as well.  That's not going to happen.  So, it's kind of a waiting game at this point.  I'll keep you updated as soon as I hear something.  Does anyone know of a good attorney in MD?

Vega

Well, it turns out that her mother co-signed for her again.  She needs a minimum income to qualify for signing the lease on her own.  I've encouraged her to get a full time job but, as long as she has an out I'm not sure it will happen.  At least I don't have to worry about the children getting pulled out of school for another year.  Thank you for all your help!

MixedBag

Thanks for the update -- and best of luck to you!

Keep us posted and vent away here when ever you need.

Gordonmrobinson

Make an effort to call them-and clarify predicament and ask if she can perform it herself or will they permit you equally to be on rental together with your credit?
Since you may need to enable have them remain there or ask to go to workplace with her to ask them issues.
child custody modification