Results 1 to 4 of 4
  1. #1

    Default Unreasonable Ex-Wife

    Here's one you all have probably never heard...please help! My husband and I live in Hawaii. My husband has custodial custody of oldest son(just turned 18), and ex-wife has custodial of youngest son (13);both parents share joint legal. The bio-mom was initially awarded custody of both boys after filing an erroneous TRO against the father, but case was dismissed due to lack of evidence that any physical/emotional abuse took place. However,ex-wife was able to force supervised visits on their father,until again the judge dismissed that as well due to lack of evidence. Approx 6mos after she was awarded full custody of both boys, she kicks out the oldest one because he tells her he doesn't agree with her having an affair with her boss and her wanting to move in with him while she was still married to his father. Hawaii is a no-fault state, so affair had no bearing on divorce/custody even though my husband had proof of her infidelity. She eventually files a motion to allow the oldest to come live with us, but refuses the youngest from doing the same, thus seperating the boys, and the courts allow it ! So now here's the problem...for the past year, the youngest wants to come live with us because his mother refuses to allow his father "reasonable visitation" that's stated in the custody order. For some reason, this judge did not specify days/dates/holidays,etc regarding visitation, but left it to the discretion of ex-wife to determine what is "reasonable visitation". This of course gives her free reign to consistently deny my husband of his paternal rights. She is in direct violation regarding the joint legal part though, since she has NEVER advised my husband in any way regarding anything to do with his healthcare, school,etc. We also have proof of her falsifying school documents listing her boss/boyfriend as stepfather,although they are not married, as the contact person for emergencies. My husband has had numerous phone calls/meetings with her trying to get a more defined schedule in place, all to no avail. Anytime these issues are brought up, she threatens to take us back to court. She is currently trying to sue my husband and I for equity in the house that she signed away at the time of the divorce, and just filed a motion for more child support in July..what's interesting about this, is that's when her alimony was up. She has continuously lied to her attorneys and the courts by filing false documents over-estimating my husband's income so that she could get more money. My husband has documented proof of her previous attorney's unethical court filings, but to make matters worse, he is now a family court judge in the same district ! The list goes on and on about all the things that she has done, but what's frustrating is that she wanted out of her marriage to be with someone else, but my husband is now suffering for her sins, and the family courts here in Hawaii seem to do nothing! Are we able to file harrassment charges on her and force her to pay for our legal bills every time we have to take her back to court when she doesn't comply with anything? Any advice would be greatly appreciated! Thanks for your help..

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Unreasonable Ex-Wife

    Just go back to court and file for a modification.
    She's really not in contempt, as there is nothing written in stone when he can see he child. I don't know why either party would not have anything concrete written there in the first place.
    As for the school records and such, it's up the father to contact the school, and get it straightened out. If you take the petty things in front of the judge, and waste his or her time with it, it won't end well.
    If she signed away the equity, and now wants it back, it won't fly.
    Check the guidelines for support increases. in alot of states, your child support must increase xxx percent before someone can file for a modification. Keep in mind, the SUPPORT PAYMENTS must increase xxx %, not the INCOME INCREASING. Big difference.
    She can over estimate all she wants, but as long as your husband has proof of how much he makes, it wont matter.

  3. #3

    Default Re: Unreasonable Ex-Wife

    Thanks for the advice..the judge already allowed the bogus income info, but the court system won't change it now to reflect what is actual, nor is he able to recoup over $5000 for the over-estimation. Furthermore, my husband has already taken her back to court twice for contempt, and both times the judge did state that she was in contempt, but she got off with just a slap on the wrist and the judge told her to "get over this" and to stop filing frivolous claims and wasting everyone's time. We have a court date on 10/25 (again which she filed!), so hopefully we'll have the same judge. As for the school records, my husband did advise the school, but since she is the custodial, they left the info given for contact persons as is. We have also filed for a material change of circumstances and/or motion to modify visitation and are trying to roll everything into the 10/25 court case so that this can all come to an end soon. Thanks again.

  4. #4

    Default Re: Unreasonable Ex-Wife

    Here's an update...had a meeting with our atty today and finally got a copy of her motion she filed for 10/25..long story short-my husband showed his atty documented proof of her lying to her atty to get him to file this latest motion, and will call/fax her atty with said documents to get him to drop the motion. Our atty is fairly certain that once her atty learns of this, he is going to kick her to the curb and tell her to find herself another atty ! Furthermore, our atty is now considering filing another contempt charge against her because she HAS violated the existing order regarding Joint Legal, in addition to numerous documented cases of her interfering with my husband's visitation/parental rights. We also find out today that although her affair could not be used during the divorce, it does play a part for custody, especially since the boy knows that his mother filed for divorce to be with her boyfriend now, and also since that has created alot of friction/resentment between the boy and his mother's boyfriend that he's being forced to live with. Things are starting to turn around for my husband, so hopefully the same judge who handled the orig contempt charge will be assigned and realize that this is a pattern with her and finally force her to comply or else be held in contempt. Thanks for reading this..hope this may help someone with similar circumstances.

    1. Sponsored Links
       

Similar Threads

  1. Eviction Process: Unreasonable Eviction
    By bshay32 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-05-2009, 09:51 AM
  2. Unreasonable Judge
    By skylarann in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-09-2009, 04:39 AM
  3. Traffic Accidents: Unreasonable Lawyer
    By gshangin22 in forum Accidents and Injuries
    Replies: 1
    Last Post: 11-29-2008, 09:56 PM
  4. Am I Being Unreasonable?
    By gdiaz in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 07-06-2008, 12:42 PM
  5. Security Deposits: Unreasonable Use Of Utilities
    By Condolandlord in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 05-22-2008, 07:07 AM
 
 
Sponsored Links

Legal Help, Information and Resources