Emergency Order???

[miamifreak]

Hi Socrateaser,
    Wife's lawyer just called and asked if I mailed the modification of the domestic violence order (previous post) and I advised her I did not and would not be.  She then threw at me that my STBX is now getting evicted from her apartment in 24 hours and could I give her money for the " benefit of the children".

I advised her that I would not give her any money because she goes out every weekend, hires a babysitter when she should have been using that money to pay her bills. Her rent is already subsidized because she is a single mother with three kids ect.. ect...Her lawyer then said that she is going for an emergency order against me but would not elaborate.......Any idea what  the attorney is up to now?  She is not paying her rent because of all the money she spends on baby sitters and going out on weekends partying, can I use her financial irresponsibility to gain advantage in custody?

[socrateaser]

>can I use her financial
>irresponsibility to gain advantage in custody?

I don't know enough facts to say yes or no. It seems that the attorney wants to get more child support from you. However, if your income hasn't changed, and you are current in your support payments, then I'm not sure what authority a RI court might have to charge you with more support.

Obviously, if you are not current and your income has increased substantially, then you will get hit for more support.

Generally, the solution to the custodial parent's lack of finances is to force the non-custodial parent to pay more. However, if you can PROVE that the mother squanders her support money, then that would serve as an affirmative act against the child's interests, and get you a custody hearing. Proof may be difficult to come by in this area.

I know this, for sure -- I would empty every bank and brokerage account into cash immediately, because opposing counsel will try to freeze your accounts, so as to deprive you of money, and force you to settle -- all in the child's best interests, of course.

PS. Get a lawyer...time's running out.

[miamifreak]

Thanks again for the quick response, you wouldnt happen to be available would you?  I probably couldnt afford your services but its worth the typing to ask :)        as far as the child support, I am in arrears for the time spent out of work when I lost my job in FL because the Child Support Enforcement Dept.  suspended my drivers license.  I owe her for the months of March thru June or approx.  $2800.00.......When  I moved to RI,  I set up auto debiting to the State of FL right out of my pay check each week.

[socrateaser]

You gonna pay my air fare and other expenses? I would cost you 5X what anyone else would charge. And, you'd still need a local attorney for me to associate with, because I'm not a member of the RI Bar.

But thanks for askin!

[jilly]

Wow! Do you know how many people still drive even though their driver license is suspended??!!

[wendl]

hmm My ex does and he actually got nailed with a dui and driving on suspended among other things.


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

[jilly]

My point exactly!!

[miamifreak]

It wasnt the fact that I couldnt drive, it was that I work in the car business and a letter was sent to my employer advising that my DL was suspended and then my job was too.......they cant be liable for me driving their cars with out a valid DL

[socrateaser]

All of you, take it to some other board.

[jilly]

Ahhh I see said the blindwoman!  Certainly understandable.