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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-04-2017, 01:57 PM
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Default she has both boys wants one to live with me yet i pay her support for both

my ex has had custody of both my boys for 6 years now
the youngest is 14 and is failing school , like really bad , she wants him to come live with me for the new semester and go to another school , I said yes , now she claims i will still pay full support to her and next September he would go back to living with her .
first off not a chance in hell . i say if she is shipping him off to me I plan on going to court and getting full custody of him and no support paid to her ,
she has one child I have one child why would she get support for both , money grabbing bitch ,
any thoughts on how this will be ruled in court
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Old 01-04-2017, 06:03 PM
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I wouldn't discuss child support. Say sure, after you fix your kid's schooling ; 3-6 months then file a motion to change support.
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Old 01-05-2017, 12:47 AM
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I agree, don't discuss support now. Say something along the lines of a generic "I'm sure we will be able to work something out that is fair for both of us".

Once kid has come to live with you for a bit, then you go for retroactive support.

If you attack now, you can lose. Even worse, if you can attack now your ex may suddenly decide that she doesn't actually want to pay CS after all and would rather keep custody. No judge will strip custody away from a mother who isn't mentally unstable or doing drugs.
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Old 01-05-2017, 05:40 PM
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In fact what I would really do is.....
I would get custody of first, turn his life around and make him better

Then I would file for custody of the second + child support for both on the basis that
1. First child has come to live with you (= significant change)

Once a significant change of circumstance has occured in custody matters
The judges are more liberally allowed to do a full reassessment and "re- decide" custody. Notwithstanding, you argue that the mom is a failure as a parent since child #1 was failing school and you don't want to repeat same problem with child #2 (this is obviously contingent on getting some improvement from child #1)

Then you argue that it is a judicial priority to keep siblings together.

Then you argue they are boys and benefit from being around same sex parent.

Then you get paid tonnes of CS and you can go sniff crack and buy hookers.
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Old 01-05-2017, 05:56 PM
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Your ex is, in her own way, asking for your assistance. I assume this is due to the poor academics.

I would suggest that you 'walk before you run' and put your energy into doing what is best for the child. If, after a significant period of time, the living situation and academics show notable change, then a change in support could be sought. No one knows for sure if the child would drop out of school and living situation go back to the way it is now.
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Old 01-05-2017, 07:52 PM
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I would take the kids for half of the semester and file a motion for interim custody and that they don't go back to the mom in September as per her request. Argue that the child have shown improvement under your care and are thriving. And then you deal with child support after.

You have to realize that 99.9% of women in this game are after child and spousal support. Most of them don't give a crap about you or your kids. They just want your money and want to keep you under their thumb. I have not dealt with family law in other countries so I will not claim that this is true only in Canada but Canada is the only country that I have personally witnessed this in. Soon as child support comes in question, forget getting your child, even if they are flunking in school, she just wants child support in disguise - most of them do.
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