Ex-wife Issues

Updated on October 13, 2009
J.D. asks from Clifton, NJ
5 answers

My husband and his ex-wife have been divorced for almost 10 years now. In the original divorce decree, it CLEARLY states who will receive what as far as property and custody of the children. The ex-wife was awarded 3 rental properties that provided her $500,000 a year not including her own 6 figure annual salary. She was awarded FULL custody of the 2 children that were born prior to the marriage, she didn't have to let my husband know anything regarding the children if she didn't want to and she didn't. My husband was not granted visitation, but if he wanted to see the children she agreed that she wouldn't interfere with the children having a relationship with him. But she did, all the time. We weren't allowed to have them on school breaks, holidays, summers, etc. She wouldn't let us take them on vacation with us, spend the weekend with us or include us in on any of the special events in their lives. After trying for 5 years without any success, my husband stopped trying. It was then, that she began to come around and let us be a part of the children's lives. It was inconsistent and it was only when she had plans and needed a reliable "baby sitter". We put up with it because it was her way or no way and we wanted to be a part of their lives, even if it was for a little time.In addition, the divorce decree states that my husband would not have to pay child support or alimony because the ex-wife had substantial means to provide for herself and her children. It goes on further to say that at no time in the future could she ever go after my husband for child support or alimony. All parties agreed to the terms, everyone signed, the judge asked the ex-wife if she understood the terms of the divorce and if she was being forced to sign, ex-wife said yes, she agreed, and no, she wasn't being forced to sign. The Judge signed off and they were divorced!!!! Yayyyyyyyy. LOL.....It is now almost 10 years since they've been divorced and ex-wife no longer has any of the rental properties, no longer has her 6 figure salary, and is having a hard time making ends meet. We receive a summons to appear in court in a few weeks, because ex-wife now wants child support. Their marriage ended because the ex-wife was unfaithful, on a number of occassions. My husband has doubts that either one of the children is his, but loves them no less. Does the ex-wife have a case? Will a judge order my husband to pay child support even though 1 judge said that he didn't have to. Will paternity have to be established first?

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D.S.

answers from New York on

I am not an attorney, however I think if she can prove hardship a new judge may be able to revisit a case and set knew guidelines. If I were your husband I would document everything and I would get a good attorney. I think if it were me I would contribute child support and keep record of everything. This way when he goes to court he can show the judge his good faith and hopefully a judge will see his intentions are good. If he can prove she was reckless in her behavior and lost all of the money foolishly it may help, but if she lost her job and that is how she lost everything it could make a difference. If he thinks these children are possibly not his then why isn't he getting paternity tests done? That determination in itself would make a difference in the outcome. I think I would go for a consult with a professional and get sound advice. Sometimes it doesn't matter who did what it becomes a matter of what the law says has to be done. Good luck she sounds like a real prize LOL!!! I also own a childcare center in Rutherford. We are neighbors!!! I know for me it is the most rewarding job and it sounds like the same for you.

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R.E.

answers from New York on

you should be discussing this with the lawyer that drafted the original decree. the lawyers know that laws

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M.B.

answers from New York on

Well, i would say thing will probably go in her favor if it's about providing for the children. but you could turn this around and get visitations or shared custody of his kids. good luck.

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B.B.

answers from New York on

Does your husband have a good attorney? Sometimes these kinds of cases are unpredictable, and the court finds in favor of someone who, under really ridiculous circumstances, prevails. Get a really good attorney, or at least have a consultation with a good attorney who can advise you how to proceed, if she indeed has a good case, or none at all, etc.

Good luck to you!

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K.P.

answers from New York on

Step 1 - Get a great attorney. Don't you dare go into court without one.

Step 2 - No paternity test. He has claimed these children as his own. Let sleeping dogs lie. It would not be in the best interest of the children to go down that road besides the court would look at him crazy since this matter was not resolved in the divorce.

Step 3 - He may want to consider pursuing partial or full custody with him being the custodial parent. You will definitely want to refer back to step 1 for wise council.

Whatever decisions are made you will want to move forward with the thoughts of what is in the best interest of the children. This will be what the court will do and you will have to make your case for why you would be best or more stable for the children. Hopefully you have documentation of what has been going on regarding the children over the years. I'm praying for the best for you all.

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