Oh Me Oh My

[Mom2Chris]

Greetings all,
I've read this board for several months and have found it so helpful.  Thanks to everyone for sharing.  Now I need to pick Soc's brain.

Separated 4/8; STBX moved out of home leaving me with 2yr son.
I had quit my job ($60K/yr) and moved to support his career.
I had not found, nor have I yet found, suitable employment
STBX moved me and son out of home and two states away; paying $6K
STBX had me served at 6:30 p.m. while moving van was being loaded; didn't require that I stay.
House is listed for sale.
Since then, STBX has had minimal contact with son; driving to our location half a dozen times for a 24 hour visit.

STBX just quit his $125K yr job to "start his own business".  I'm betting he got canned.
Just happens to be going to live with his SO, 3000 miles away, who left her two kids and filed for divorce.  STBX has decided not to pay me; we have TSO scheduled for October.

Question
1)Assuming he has taken leave of all of his senses, what should I be doing NOW to prevent ramifications if he files bankruptcy?

2)If he chooses to not pay the mortgage on the home he forced me to vacate...what's the option?

3)Any chance I can get the court to have him  get us a "replacement" our house in the location where stbx moved us?  I used to own a house (b4 he showed up) and I would like to own where I raise my kid.

4)And the biggie:  how much more rope do I dole out in order to get his parental rights involuntarily taken.  I've sat here quiet as a mouse and let him rant (via email...nice move) and freeze us/starve us out by withholding financial resources.  I'm still looking for suitable work and have documentation.  

Hard times don't create character...they reveal it.
Best,
Mom2Chris

[Mom2Chris]

Greetings all,
I've read this board for several months and have found it so helpful.  Thanks to everyone for sharing.  Now I need to pick Soc's brain.

Separated 4/8; STBX moved out of home leaving me with 2yr son.
I had quit my job ($60K/yr) and moved to support his career.
I had not found, nor have I yet found, suitable employment
STBX moved me and son out of home and two states away; paying $6K
STBX had me served at 6:30 p.m. while moving van was being loaded; didn't require that I stay.
House is listed for sale.
Since then, STBX has had minimal contact with son; driving to our location half a dozen times for a 24 hour visit.

STBX just quit his $125K yr job to "start his own business".  I'm betting he got canned.
Just happens to be going to live with his SO, 3000 miles away, who left her two kids and filed for divorce.  STBX has decided not to pay me; we have TSO scheduled for October.

Question
1)Assuming he has taken leave of all of his senses, what should I be doing NOW to prevent ramifications if he files bankruptcy?

2)If he chooses to not pay the mortgage on the home he forced me to vacate...what's the option?

3)Any chance I can get the court to have him  get us a "replacement" our house in the location where stbx moved us?  I used to own a house (b4 he showed up) and I would like to own where I raise my kid.

4)And the biggie:  how much more rope do I dole out in order to get his parental rights involuntarily taken.  I've sat here quiet as a mouse and let him rant (via email...nice move) and freeze us/starve us out by withholding financial resources.  I'm still looking for suitable work and have documentation.  

Hard times don't create character...they reveal it.
Best,
Mom2Chris

[Mom2Chris]

Filed in State of KY
Child and I are in MO
STBX is moving to OR

My apologies for omitting...

[socrateaser]

>1)Assuming he has taken leave of all of his senses, what
>should I be doing NOW to prevent ramifications if he files
>bankruptcy?

The bankruptcy court has no jurisdiction to discharge marital debts that are part of a pending dissolution in state court, until the state court distributes the marital estate. You merely need to make sure that the state court is aware of all of the assets and liabilities of both of the parties, so that the court can completely rule on every financial issue.

Most people do not file bankruptcy DURING the pendency of a divorce action, because it only serves to stop the divorce dead in its tracks until one of the parties gets an order from the bankruptcy court allowing the divorce action to continue (an order which will be granted without question or delay, but at substantial and unnecessary expense in attorney fees and court costs).

>2)If he chooses to not pay the mortgage on the home he forced
>me to vacate...what's the option?

Restraining order freezing all of his liquid assets, and temporary spousal suppoort sufficient to permit you to make the payments.

>
>3)Any chance I can get the court to have him  get us a
>"replacement" our house in the location where stbx moved us?
>I used to own a house (b4 he showed up) and I would like to
>own where I raise my kid.

The court isn't gonna order him to buy you a house. The court will simply order him to pay support comensurate with his earning capacity in order to maintain the marital standard of living, until the court can make a final judgment as to the disposition of the marital estate.

>
>4)And the biggie:  how much more rope do I dole out in order
>to get his parental rights involuntarily taken.  I've sat here
>quiet as a mouse and let him rant (via email...nice move) and
>freeze us/starve us out by withholding financial resources.
>I'm still looking for suitable work and have documentation.  

He would have to abandon his child(ren) for 6 - 12 months, depending on the jurisdiction, i.e., not visit and pay no support. The court will almost never permit a termination of parental rights without both parties' consent, unless there is a new person who is willing to step into the legal shoes of the terminated parent, via an adoption, or unless the other parent is completely bereft of any earning capacity, and has vanished off the face of the earth.

In short, at the moment, I believe that this angle is somwhere between dumb and dumber.