does anyone have experience with this in court?

Chelseai2010

okay ill try to keep this short.. my ex and i have two kids, a almost 4 year old and a 10 month old. when the 10 month old was 2 months we split. that was in november. he moved out on february 1st. he wasn't around much. never helped with anything. he believed paying rent and buying groceries was his only job and he didnt need to change diapers or any of that stuff. and because i was breast feeding he hardly acknowledged the baby. fast forward to now i filed for custody and support. (he doesnt believe he needs to pay support because hes struggling ) he has a full time job and so does his girlfriend that hes living with. i dont have a job right now i couldn't find one but i will be starting full time school in september. he basically threatened me and lied through his whole "answer" to what i filed for. threatened that if i pursued my claim he will file for full custody and give me visitation and he wants the judge to impute an income because i can get a job im just not trying hard enough and he shouldnt have to support us because of that. 

 now i just found out from my 4 year old that his gf is pregnant. i asked him about it and he said it was true.  i already know that his claim wont get him anything. and hes now sucking up to me because im not backing down with my custody and support claim. hes used to having control and now i have it. my question is. how will him having another baby affect me getting custody of the kids. and has anyone else gone through something similar?

sorry its so long..

tig594

I haven't dealt with this but I don't think him having another kid has anything to do with you or your kids.  He'll just have to go through it again with his new woman.  Sounds like you're on the right track.  Get your support order now before his next kid is born.  

MinnesotaMomma91

Meh, the only thing this will MAYBE MAYBE and this is a huge maybe do is make the child support payments smaller. This isnt garanteed.

But like @tig594 said your on the right track, keep plugging along. And nope, him having another child will not affect the custody case.

The only reason i know there is a chamce with cs being smallet is because what bentley is supposed to be getting in cs is not alot because his bd makes minimum wage and has four kids with his ex

Chelseai2010

okay, i called my lawyer and she said the same thing

tig594

Yep.  But you should get your CS order done ASAP.  At least where i live, the courts won't revisit it for 3 years unless there is a serious change in circumstance like job loss, significant pay raises, etc.  Then you have to pay an $80 filing fee to drag their sorry asses back to court.  

MinnesotaMomma91

tig594 said:

Yep.  But you should get your CS order done ASAP.  At least where i live, the courts won't revisit it for 3 years unless there is a serious change in circumstance like job loss, significant pay raises, etc.  Then you have to pay an $80 filing fee to drag their sorry asses back to court.  

This, get on top of it. You dont want to.get screwed by just not filing

Chelseai2010

we have a court date for august 5th right now, in a couple weeks ill go back to my lawyer to sign a paper to file it for that court date. hopefully this will be over soon

MinnesotaMomma91

Fingers crossed for you.

freeatlast2014

Good luck. It most certainly is his responsibility to support his kids so don't listen to the bs.