50B and judge order


#1

The Judge granted me a 50B for a year, she also gave me custody for a year and supervised visitations for him and my son, he also need to take some anger managment classes, when he do so, he can file a motion to see him unsupervised.
I just got an email from his attorney, telling me that he has filled for divorce late last week and that the papers should be on my way, he also filled for custudy/ visitations. He said that my ex has been trying to call the place the judge gave him for the visitations, and that if he cant get in contact with anyone, that what could we do to arrange visitation between them… my problem is that when the judge grant me a week of restraining order, before we both went to court, she also ordered him to give me a car, the day of the court, i was so nervous, that i forgot to address the issue, since he told the sheriff he wasn’t going to do it, and once again, the judge is telling him to do the classes and the supervised visitations and there he is trying to do it his way. I have not filled for child support or alimony or ED, now i gotta hurry… I want to know what i have to do when i get those papers, do i have to sing them or what actions can i take, No money to hire an attorney whatsoever, I cant work, and he stopped paying the house, took my car, and give me no money at all… Im going to filled for child support tomorrow, but do i need a lawyer for that? Since he has one, can he use him for that purpose? Please any advise helps right now.
We been separeted since june 2010…


#2

When you receive his divorce Complaint (which they are required to serve you), then you will have 30 days to file your Answer to the Complaint. You need to file an Answer and Counterclaims for equitable distribution, child custody, child support and post-separation support/alimony (if applicable). We have a library of forms which you can use at Rosen Online. Rosen Divorce Online is a service that provides you with unlimited access to an attorney along with all of the forms you’ll need to get your problem solved. There is a fee for the program, but you’ll get the specific answers you need to move forward and get your legal issues resolved.

If you are seeking your car back, then you must see if it was ordered in the current protective order. If you didn’t seek it in the return hearing, and the judge didn’t order it, then you won’t be able to get it. You can file a motion for interim distribution, seeking the car, after you file your counterclaim for equitable distribution. You are not required to give him visitation except for under the conditions outlined in your order.

I wish we could devote more resources to this forum to answer specific questions such as yours, however, that’s not something we’re able to do in every instance. The Online service is exactly what you need and it’s offered at a reasonable cost. I hope you’ll take a look at it and see if it might be useful to you.

Information about Online service is available at http://rosen.com/diy.

Good luck.


#3

So i was served with my divorce papers a week ago, to my surprise it includes ED and custody too… In the papers hes even asking to have custody of my baby while all the process is settle, i wonder why hes asking for it when the judge granted me the custody for a year, my emotions are running because I’m afraid to loose my son, i’m all he have has since he was born…
I finally went to filled for child support, they got back at me telling me that there where 3 options, that looking at what he made in 2011, he would have to pay 700+, but that when he went for the interview with the social worker, he said that since he get paid on commission, he was not sure he could have that amount every month, she told me that the second option was combining 2010-2011 and that the amount came to 650.00, and that there was a third option in what it would be 523.00, she also said that his lawyer contacted her offering me 550.00 a month, my question is, i do not understand all this negotiations, why should i settle for less, i dont understand how this works, but i would like an advise in this case.
The second question is that i still live in the marital house, he stop paying for it several months ago, i do not want to live here anymore, if i do leave the house, what could happen, i want to move out of state seeking for better opportunities for me and my son, will the judge will stop me from taking the baby? We have not been in court for child custody and also can i filled for child custody since he already did it?
He also told me im not entitled to alimony, we got married in 2008, is that true? I know i have a lot of questions, thanks for your help!


#4

You should push for whatever child support is due under the guidelines.

You could move out of the home, but if there is a lease or mortgage that will still have to be paid. Unless there is a court order to the contrary, you are both entitled to custody of your child.

You cannot file for custody if there is already an action pending for custody of the same child.

Whether you are entitled to alimony is a complicated question, and is much more complicated than how long you were married. If you want alimony you should file a counterclaim for alimony and post separation support.