Single Parent Resources for Men on SingleDad.com. David Pisarra of MensFamilyLaw.com shares his recent victory with a Single Dad handling a case against his stay at home ex-spouse.
Lawyers are expensive, and scary, but we really protect our clients rights. Take this case I was in court on this week:
Mom has a few entitlement issues. She thinks she’s Hollywood Royalty because grandpa made a couple of movies and married a movie star. In reality, she’s just an average person.
Mom and Dad have child, a beautiful, happy, smart little boy. At four, he’s already showing his abilities. Dad has custody about 50% of the time, AND is under court order to pay $800 a month in child support, when he comes in to see me.
His Ex has filed “Move-Away” request. She wants full legal and full physical custody. Dad is panicked. Her declaration says she is just a ‘simple homemaker’ who can’t live on what little money he gives her. She doesn’t really mention the new husband, or the fact that she lives at home with her mother rent free, but does manage to maintain a horse that she rides.
Dad hires me to fight the move away. We engage in a furious campaign to gather information about dad, about his relationship to his son, and the history of the case to give to the judge. Turns out that dad is a great guy, we have 8 declarations from medical doctors, psychiatrists, psychologists, therapists and daycare providers about what an amazing father he is.
As we walk in to court, I handed her a stack of declarations, and a response to her move-away request. 20 minutes later, she’s taking the move away off the table and just wants to change the custody arrangement a “teeny-tiny bit.”
I force the issue with the judge, and under oath, she testifies that she’d be happy to give Dad, every weekend starting from Friday at 6:00 p.m to Monday at 7:30 a.m. Yup, all four of them a month!
We start talking about the child support, and I ask the court to impute income to her, because I see no reason why she can’t work, and she starts squawking about being a stay at home mom. Which is a great thing for the child, but there’s no reason why Dad should have to bear the burden of her choice, so I say, she can be self-sufficient, which was a hot button. “I am self-sufficient! I do the books for the construction company my husband and I own.” Aha! That takes how many hours a week? 20 hours okay, at $10 an hour, that’s your weekly income. GOT HER.
Dad’s child support went from $800 to $219, and he gets all the weekends to enjoy his son. It took a solid strategy, hard work on his part and mine to execute it, and a willingness on his part to fight for his relationship with his son.
She started out as a stay at home mom, and with some tough questioning she became Chief Financial Officer of her new husband’s construction company. Hiding her income and playing the coy role of a defenseless victim of life worked for a while, but we were able to make the court see what was really going on, and we won as a consequence.
Not a bad day.
Richard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”