Legal Question in Family Law in Michigan
Running out of options. HELP PLEASE
My soon to be ex-husb is constantly saying if I dont agree to the Judgement terms that his atty drafted, then he will fight for custody of our 6 month old child. We separated 1 1/2 yr ago and I have had to take him to court for everything because he wont agree to anything, is always wanting to go in front of the judge as he doesn't listen to the referrees recommendation, its a constant battle with him. Now, he is saying he will resort to '' plan b'' if he has too if I dont go along with judgement of divorce. He wants to claim our dghter every year.....I suggested we compromise and alternate. He put in judgement he will start paying chd support when div. is final. I suggested from the time she was born, he should pay. Those are just two issues that in my opinion can be managed and agreed on. But he Will NOT. I dont know what to do anymore. I have page after page of text messages from him, quite abusive. Would it look poorly on my behalf if I wrote the judge assigned to our case a letter briefly explaining some of these things to give her an idea of what Iam dealing with?? What do you do in a case like this? what are my options? I feel like Iam being blackmailed, trampled on by him. He makes way more money than I do. HELP PLEASE.
2 Answers from Attorneys
Re: Running out of options. HELP PLEASE
Your husband is out of line. He is asking for things that he would not get from a judge, and his own lawyer knows that. If you hire a lawyer, that lawyer can file a motion requiring that he pay all or some of your attorney fees.
And he has next to no change of getting custody.
If you become the custodial parent, and you will, you do not have to allow him to have the tax deduction for your child, ever.
He is pushing your buttons. And you are allowing him to do so. You need to stand up to him.
Call me for more details.
-Tom
Re: Running out of options. HELP PLEASE
You really need to retain a lawyer to assist you and ensure that your best interests are protected. You are entitled to child support from the date that you separated or he stopped providing support, or, if you never lived together, then from when the child was born. Do not forego what you are entitled to due to his threats - it is not in your best interests or the children's best interests. While there is nothing wrong with trying to resolve amicably, or perhaps giving a little to just get it done, you certainly should not give up years of child support due to his threats of asking for more custody. His threats don't even mean that he would be succcessful in his fight, and he is simply making them to intimidate you to give in and give up.
If you want your rights protected, you need to file a motion/petition with the judge to get what you are legally entitled to. I'm not sure a judge would even review your letter, and even if she/he did, they cannot really act upon it legally - they need formal paperwork requesting something.
If you'd like to retain me to help you, please contact me to set up an appointment for next week.
Thanks.
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