QUESTION
What can I do if my wife wants to reopen the divorce settlement based on sabotaged visitation?
Asked on Dec 26th, 2013 on Divorce - Florida
More details to this question:
My ex and I divorced three years ago, with one child. After the settlement my ex did everything possible to sabotage my visitation and now wants to go to court to get money because I didn't have my child the 30% of the time stated in the settlement. Is this possible? Does the court consider this a legitimate claim when a spouse intentionally ruins the child's relationship with the other parent?
10 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If you can prove she interfered with your parenting time I don't think your support would change.
Answered on Dec 30th, 2013 at 7:03 AM
You will have to fight this and prove what you say.
Answered on Dec 27th, 2013 at 5:14 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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There is no basis to retroactively change the child support. Any changes would have to be prospective. Child support is based on one parent seeing the child up to 91 overnights, so if you had an alternate week end arrangement, there is no increase of support over that amount.
Answered on Dec 27th, 2013 at 12:13 PM
Either party can return to court on any matter relating to custody, parenting, visitation, etc. and/or child support until the child is 18 or 19 and still in high school. So. Yes. If you are not exercising your full 30% time share then your ex is probably entitled to more child support. If your ex is interfering with your parenting time, you should go back to court and tell the judge about it.
Answered on Dec 27th, 2013 at 12:10 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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She cannot go back in time but can file a motion to modify custody and support and receive additional money from the date she files based on your lesser amount of timeshare with the child.
Answered on Dec 27th, 2013 at 11:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She should not be able to go back for past, the change would be effective on the date of her filing her motion in Michigan, if awarded. And she is in the wrong for alienating the children from you.
Answered on Dec 27th, 2013 at 11:00 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't think she will have much of a case. She might be able to ask for a modification based on what actually happened and that would only be going forward.
Answered on Dec 27th, 2013 at 10:37 AM
Bruce Provda
You need to get an attorney and fight this.
Answered on Dec 27th, 2013 at 10:02 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Yes, what your ex-wife is trying to do is possible. All kinds of fraudulent behavior in the courts is possible. I'm not saying that being possible makes it right, but courts are clearly biased against men (it's getting better for men in divorce, but there is a still an unacknowledged presumption that men are nasty, violent, deadbeats), so an ex-wife who sabotage's visitation and then claims the father blew off visitation is a claim many courts are willing to entertain. Your job is to gather the evidence to prove that she created the very circumstances she now complains of. Get the best divorce attorney you can find you'll need one.
Answered on Dec 27th, 2013 at 9:52 AM
The Court requires EVIDENCE to prove your claim. If she did what you claim, you will have to present documentation, photos, statements under oath by witnesses, even subpoena your child to talk with the Judge. If you are unable to PROVE your claim, your chances are not good.
Answered on Dec 27th, 2013 at 9:47 AM