A request to the court made by motion asking that one party, usually the husband, be forced to vacate the marital home. Unless you are under the threat of violence, this is a radical request that sets the stage for a contentious divorce. While your spouse may well deserve shabby treatment, you deserve to get what?s yours with the least effort. Don?t complicate things unnecessarily.
Question: Has anyone been the victim of any really unfair divorce court decisions? If so please tell me about it.
Spouse of a couple years gets life-time alimony?
One spouse makes false charges of child or spousal abuse, charges are proven to be lies, but there are no repurcussions for the lying spouse, and he/she gets the kids anyway?
Long-time single parent marries/re-marries absent parent, but they divorce after a couple years and formerly absent parent gets the kids, as if there were no previous history before the re-marriage?
One spouse is able to inflate or deflate the value of maritial assets, scrweing the other spouse out of thousands of dollars?
Marital liabilities attributed unfairly to one spouse?
One spouse forced to pay for half of marital debts, and to hand over half of maritial assets, only to find that the other spouse blows all the money and claims poverty, leaving the decent responsible spouse with all the debts and half the assets, and no recourse?
One spouse has to hand over a big chunk of money to the other, even though the spouse getting the money already ran up huge legal bills making frivelous motions and false claims, that the other had to pay.
One spouse gets a claim against the other, but is unable to collect because of the spouse's poverty, but still has to pay child support as if the unpaid judgement didn't exist.
One spouse gets the children 60% of the time, but still has to pay the other hundreds in child support because the 40% parent doesn't make as much money.
One spouse goes to see his ex or his kids at his/her home, but he/she isn't home, see something that is obviously his personal property (e.g., shaving cream, jock strap, bra) which he was supposed to have been given already (either outside or after being let in by one of the kids), takes the item, but is later charged with and convicted of criminal tresspass, theft, etc.
The court bases child support only on the children that are from the marriage in question, and ignores the fact that the paying parent either has custody of other children, or already is paying child support for other children?
One spouse abuses or harasses the other, but victim is unable to prove it. Later abusive spouse gets the abused spouse on assault for defending him/herself or files false charges which stick.
One spouse gets the $50,000 car and the othetr gets the $1,000 car, with no compensation
One parent simply walks out with the kids with no warning, and uses this as the basis to get custody forever.
Court is unable to divide assets evenly, and assets (like houses) cannot be sold quickly, so the court just gives most of everything to one spouse and calls it even?
child support payments based upon one spouse being temporarily unemployed or under-employed, or upon a better-paying job one spouse no longer has?
separation agreemnt made, and cash settlements gpaid, but the agreemenyt is vacated by the court, and the spouse who paid the cash money, has to split whatever is left over 50-50?
One spouse spends away all his/her money to avoid having to spare it with the other spouse?
One spouse is forced to spend all his/her momey paying legal fees, but the court says he/she still owes half of that money to the other spouse?
One spouse left with less than half of his/her take home income because of tax effects and alimony and child support payments to the other spouse who ends up with far more income?
The courts should really be reasonable when it comes to what each party can and should do. I'm not saying that a dad who is behind on CS should be able to just slide, but often the courts seem to selectively ignore facts, such as high-income person losing a job, and being unemployed or underemployed for a long time. It is not as if everyone can just find the same or a better paying job than they had when they got divorced if they lose that job. I think if you can show you were fired, you should be able to have your child support reduced to $500 a month, and then have to catch up on that ammount if it gets in arrears. Not every guy who loses his job is a dead beat. I know somebody in the situation where they make $10 an hour working for a landscaping company and have for over a year, and was unemployed for a couple of months before that, but the court thinks that because he once made $20 an hour as a construction foreman, they base his child support off of $41,600 a year.
Answer: Just two days ago, a judge refused my husband regular visitation with his own children, because he is behind on child support (because his ex-wife harasses his employers and gets him fired!). He is now working 2 full time jobs paying child support, but cannot see his kids!!!
How messed up is that???