Wednesday, August 18, 2010

I am going through a Divorce and my wife is not allowing me regular access to my Kids (4 and 9) I need advice?

My wife has moved out with our kids and now lives in a rented house 2 minutes from me. We agreed before the divorce was signed that we would not make any orders based on access and that it would be based in mutual agreement. Now my wife has said that I can only see them for 1 hour on a wednesday and 3 on a Sunday and that they can not see their Grandparents. My wife has legal aid but I can not afford a solicitor. I am paying maintenance on time each month into my wife's account but she is now returning it to me and asking for cash. She has abandoned the marital home which we have a joint mortgage on and which I am now paying 100% plus all bills and repairs etc. I am also paying my wife's credit card bill which I offered to do in order to furnish her new home - purchase washing machine, TV etc.





Its a bit of a mess, I miss my kids so would like to know what I can do to ensure that I can get to see them more. Also where do I stand with the house, the goal is to sell it when the market improves and give my wife 50% but until that point i want to rent it. If I stay here there is a chance that i will start to fall behind with repayments.





Thanks and sorry for rambling!I am going through a Divorce and my wife is not allowing me regular access to my Kids (4 and 9) I need advice?
you need legal advice here you deserve to see your kids that is the only way to see your kids this isnt fair and it is wrong of her to do this to you so get calling a lawyer asapI am going through a Divorce and my wife is not allowing me regular access to my Kids (4 and 9) I need advice?
sounds like her legal aid is giving her bad advice..... Educate yourself on your rights and the basic procedures of family courts.... Also look into Parental Alienation and how to deal with it effectively.....
well, u r allowed to see ur kids regardless. she is being very immature. all i can say is take her to court. ur 9 year old is old enough to know if he wants to visit u or not. call the police.
I think a verbal agreement is as legal as a written agreement now a days. You may have to take her to court to be able to see your kids more often. You have that right as the kids dad. Give her cash if that is what she wants. It won't kill you to do that and might be enough action for her to allow you to see the kids. I think you should talk to the lender or the bank about your house and see what they can do to help you figure out what to do with it. Good Luck
The best thing you can do is get yourself a lawyer. Verbal agreements mean NOTHING!





She is not the 'boss' and does not get to make all the rules. She is responsible for half the mortage repayments.





Make sure you have proof that you have been giving her money for child support.





Stop paying her credit card bills, you are no longer responsible for that. She will have to make ends meet by herself.





Keep a diary of all conversations.





Alot of the time lawyers will give a first consult free. Perhaps you can get some advice and then represent yourself...?





Try getting legal aid.....?





Carolyn is right ...... you should be able to find a lawyer who will let you pay him off with a payment plan..
It does sound like a mess. Most divorces are a mess just because they are painful. Very few are fun and everything has to be sorted out.


It seems your wife wants to be paid in cash because she doesn't want the money to be traced or documented - or even taxed, for that matter.


Don't get upset about her motives. Just simply start working with a solicitor. You say you can't afford one? You can't afford NOT to have one. That's the simple truth and there's no getting around it. If you have to work a second, low-paying part-time job just to pick up enough extra money to pay for legal help, do it. There is no substitute and there is no solution without legal justification for what you do and what she does.


Now, you don't like that answer? Then change your lifestyle. Move in with a roommate. Sell your car and take public transportation. Stop eating in restaurants. Get creative and budget yourself into a place where you can afford what you must have - legal representation and advice.
Ask around. There is probably a very good family atty willing to take your case for small payments a month. Since it is in the best interest of the children, of which she is hurting by doing this, I would be asking every atty I can find. Explain up front you cannot afford an atty, but are willing to make payments. As far as the deposit into the account, and she is asking for cash, tell her NO. She will more than likey come back and say she didn't get the payments. With the account you have records. Do not give her cash. I would sell the home and split the profit 50/50.
Dude, i feel for you man, also feel bad for the kids. My buddy is going through the same thing right now. Only gets to see his kids once a week, he has his wages garnished but she always asks for more. She expects payment for him to see them. Dude, i see everybody around me , miserable . I will never get married dude. Just go to the courts. I hate to say it but the women are always looking like the victim, it sucks.

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