More details to this question:
My fiancee has been divorced 6 yrs.his children are 13 and 9. The ex wife is very verbally abusive to my fiancee. Talks bad about him in front of the kids tells the kids he does nothing for them. He is a good father pays child support buys clothing pays for their activities. When he asks for them extra time she refuses unless it benefits her and then she says he never wants them. She made up alot of lies during their divorce so he is scared of court. She accused him of abuse which was lies.she has fraudulently filed income taxes went to child support and said he wasn't paying he proved he was but it wasto late she got his taxes and triple the support ffor four months. Now she is trying to accuse him of being belligerent and selfish and trying to stop him from seeing the kids all together. How can he prove this is all loo ies
1 ANSWER
Well, "this" is a bit nebulous. In pieces:
If the ex has collected more in support than was owed, it should be pretty simple to assemble records showing what was owed, and what was paid or collected, and to get a refund or credit when next in court (it would be a good idea to send a request first).
The order should indicate who has responsibility for buying what -- if he is not required to , but chooses to purchase items for the kids, it is considered a gift, but may provide "brownie points" in a later "he said/she said" -- so he should keep those receipts.
Accusations such as "belligerent" or "selfish" don't really mean a lot, at least not in isolation.
The questions boil down to "what does he want?" In terms of access, behavioral orders, time-share or economic adjustments, all are potential objectives of a family court motion. As with most such cases with lengthy histories, his best bet is probably a consultation with a family law specialist who can isolate his alternatives, let him pick what he really wants to pursue, and then find the most efficient means of getting there.
Answered on Mar 29th, 2014 at 7:07 PM