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Asked 8/1/2010

Can my soon to be Ex-Wife keep my twins from me during the divorce with no order in place when i come home on leave?

I am currently contracting in Afghanistan. I am in the middle of a divorce. I have been married for a year and a half and I am letting my soon to be ex live in my house that i bought long before we were married with the children. I pay the mortgage, the truck payment and give her 2600.00 a month in child support/maitnence. We havent been to court and there is no order in place. Our state child support calculator say based on my salary i am supposed to pay 1700 total a month for child support and im giving 4000.00 including the mortgage and the truck payment. She says she can keep me from my house and my truck while im home and i can only have 2 hour visits at the park with her supervision like i am some kind of criminal. I have never done anything wrong except want to leave her. Can she keep them from me when im home with no court order just because i have been gone providing for my family? Do i have any rights as a child support paying father? Or does whatever she says goes? Thank you for your help.

 
 
 
 
 
Answers

Answer 1/2 - Submitted 8/1/2010

Let's see, your house, your truck and you're paying everything. Since anything you had before the marriage is not community property, she has no standing to keep you out. Even if she had a restraining order, you can double back and evict her. However, that does not bode well with judges. So until she gets a restraining order, which by the way you can fight, there is nothing she can do. I certainly hope you're not expecting her to make the mortgage and truck payments for you because chances are they aren't. I'd also get her to sign an agreement or a document that acknowledges that the the seventeen hundred is child support of the courts may have a field day making you start from day one. They can always say the money was a gift (I'm trying to do a worse case scenario). Make sure the kids have health insurance. With what you make, you have a better chance of getting custody except you get sent out of country. Oh and by the way, she has no right to limit your seeing the children nor can she demand she supervises the visit. Tell the wicked witch of the west courts and judges make the rules not her or her lawyer. Don't lay any of this on her while you're downrange. She may get a lawyer and ave a ton of paperwork waiting for you when you clear customs. Never let em know what you're up to until you do it.

 
 

Answer 2/2 - Submitted 8/5/2010

Yes as a father and provider you are protected under the same law as she is it is the parenting law which is in the constitution ,so if the courts has not placed any restriction on you seeing your children then you have just as much right as she has.I really feel your pain on this one just keep your cool on this because there are children involved. Good Luck!

 
 
 
 
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