Help while hubby is ill

[dipper]

Dear Soc,

We were married on July 3.  My husband's ex moved with their youngest son on June 12 - 90 miles away against the child's wishes.  He is 12.  They have joint legal/her as PPC.  My husband petitioned for custody - which in hindsight was probably our biggest mistake - should have just asked for PPC.  She had a lawyer, he didnt.  She retained her PPC.  Judge ordered six weeks during summer with child.  Her lawyer stated on the document that 2 weeks would be in June - which had passed, so child and husband are cheated out of two weeks.  We made a written request to her and her lawyer for one of those weeks - and the name and address of the school child will attend.  There hasnt been any reply.

My husband became very ill last week.  He has Guillain-Barre Syndrome and cannot walk at this time.  He has been in the hospital for a week and will be in there for atleast two more.  He has no temp. disability - so no money coming in.  He carries insurance on himself and sons.  

Oldest child stated that the information his mother printed off on the illness, she put in her 'book' that she cites any infraction she believes my husband makes.  Since he has kept ss over 60% of the time, I think this is strange.  I mean, if he is trusted to keep the child, why carry a book trying to prove he is not a good parent? (just thinking out loud on that one)

Anyway - to my questions.

*  Once hubby is on his feet again, we should be able to get help by legal aid - should we wait until the January court date or file new papers to just obtain PPC?


**   Since hubby is ill, is there any sort of temporary stop that can be placed on the child support until he is able to work again?  And if so, can I do the filing for him - with his signature on the paperwork as he is in the hospital?


***  I do not know how I am going to pay the insurance.  I do know that I have to do something in order to keep my husband covered.  But, is there any way legally to make her responsible for their sons' portion until hubby is able to work again?  (she said in court that she makes much more than my husband does on her new job)


****  She had taken my husband to court in January for more support  - which was denied.  Now that she is working full time, judge says to wait until January of next year to readjust CS - why does my hubby have to wait?


Thank you!

[socrateaser]

>*  Once hubby is on his feet again, we should be able to get
>help by legal aid - should we wait until the January court
>date or file new papers to just obtain PPC?

I don't understand your question.

>
>
>**   Since hubby is ill, is there any sort of temporary stop
>that can be placed on the child support until he is able to
>work again?  And if so, can I do the filing for him - with his
>signature on the paperwork as he is in the hospital?

You MUST FILE A MOTION TO MODIFY CHILD/SPOUSAL SUPPORT IMMEDIATELY. The court is barred by federal law from retroactively modifying support, up or down, regardless of the hardship, prior to the date of the filing of a motion to modify support, so DO IT TOMORROW OR YOU WILL BE A VERY UNHAPPY CAMPER.


>
>
>***  I do not know how I am going to pay the insurance.  I do
>know that I have to do something in order to keep my husband
>covered.  But, is there any way legally to make her
>responsible for their sons' portion until hubby is able to
>work again?  (she said in court that she makes much more than
>my husband does on her new job)

See above. Ask for it in the motion to modify support.


>
>
>****  She had taken my husband to court in January for more
>support  - which was denied.  Now that she is working full
>time, judge says to wait until January of next year to
>readjust CS - why does my hubby have to wait?

His sickness is a material change in circumstances -- he no longer needs to wait -- FILE TODAY!