My husband's ex- wife wants to raise child support.?
My husband wife constantly calls due to the fact that he has another woman in his life and want to raise his child support. Their son is in a magnet school and is getting F's in math, and my husband is trying to get joint custody due to the fact that he wants to spend more time studying with his son, my husband only sees his son every other week-end and when he confronts his ex-wife about it he she threaten to raise his child support. their visitation rights were set through mitigation and my husband is afraid that the judge might not grant him joint custody except in the case that his ex-wife was neglectful to his son. But I think that if the son is bringing F's at home can that not be considered by the court as neglect, can he gain joint custody based on the fact that he just want his son to do better in school. We are in the state of Florida.
Beef Strokingoff2009-01-15T08:04:03Z
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Unfortunately, this story is much to common, more common than you might think. It's actually the rule of thumb. The ex-wife is a narcissist and could care less about you, her ex-husband and the child's well-being.
You are right in assuming that she's upset due to his moving on. Not because she loves your husband, but because his moving on disproves her self-centered version of reality. The root cause of all of this is just that, she is self-centered.
Unfortunately, the State of Florida does not have a statute in the books that criminalizes self-centeredness. The First Amendment to the Constitution of the United States protects her rights to moan and complain like the crazy b!#&% that she is. Furthermore, F's in Math aren't admissible in court as evidence of neglect or abuse.
There are plenty of kids from happy homes who fail their classes, and plenty of kids from pathologically dysfunctional homes with straight A's. Even if the child wanted his father to have sole custody, that isn't his choice to make. Let's suppose you can prove in tangible terms that the mother is a crazy b!#&%, all she would have to do is show that she is "taking her meds" and she retains custody.
Common law gives deference to the mother. Your situation is especially cumbersome due to that fact that your husband agreed to the terms of mitigation as per the books. However, the ex-wife is at best delusional is she thinks her empty threats of raising the child support will hold up in court.
I would advise your husband to fight fire with fire. Next time she makes such a threat, bounce back with "All right, we'll go through mitigation again. This requires a full balance sheet of expenses. If one dime is spent on anything other than the child, I will sue for the loss incurred, fraud and full custody".
Florida is a no-fault state, meaning that there is no alimony. There is just the initial settlement after the divorce. She doesn't have the right to demand more money without providing just cause. She would have to prove that the child "needs" more money or that your husband is making substantially more this year than he did last.
Cheer up, slowly the courts are realizing how women exploit child custody and there have been more ruling in favor of the father in recent years. Most importantly, get a lawyer and start formulating a plan!
It's one "F". It's not that big a deal in the big scheme of things, and it is doubtful that a judge will make a decision about custody based on a lousy math grade. Some kids suck at math, it sounds as if all he needs is some after school assistance with the teacher. At worst, he might have a learning disability that is unchecked. It is not considered neglect. There is nothing wrong with wanting our children to do better, but blaming the mother in this case is a gross over-reaction.
As far as the child support goes, I don't know the situation, but as a single parent, I believe that anything less than 250 a month and medical insurance coverage is not nearly enough.
In the state of Florida it is not too difficult to get joint custody. As far as a raise in child support...if she hasn't had an increase in 2 years one may be granted other than that she will have to get an attorney and it will be for a judge to decide based on your husbands income.
I see the dilemma, you should get in contact with a lawyer or a free legal help line to see. I'm sure you can provide evidence that the woman is not doing enough to ensure the boy's best possible development. Hope all goes well. Good for you in being supportive of your husband and his son!
Let's be honest, you want joint custody to get out od child support.
Most judges want the child to be involved with both parents, so the likelihood of that happening is pretty decent. But remeber you have to take care of the child on a almost daily permanent basis. It costs more then he pays in child support...