I went through a divorce back in 2006-2007. I have 2 minor children. The court awarded me temporary custody,sequestered to the home, and the eviction of my ex. She was evicted due to martial misconduct.She has bipolar disorder with a guarded to fair prognosis. Now its 2.5 years later and i have not pursued permanent custody,child support, or property distrbution. I did not pursue child support because of her disorder.She has had the same job for the past 7 years now. I want to pursue permant custody, child support, and property distribution after the beginning of the year. Should i do all three at one time? Or should i do a certain one first? Also did it hurt me by not pursuing child support sooner?
Thanks Jim
You may file an action for child support and at any time, the court will not penalize you for not seeking support earlier, but you may be awarded retroactive child support for the previous few years. With respect to custody, depending on what your current temporary order states, you may already have permanent custody, as some orders become permanent after the lapse of on year. You will need to refer to your Order to see if this is the case.
With respect to Equitable Distribution, if you are already divorced and have not previously filed for ED, you cannot file now. However, if you are not divorced you may file all of your claims at the same time.