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Child support and rights..

 
 
Reply Tue 4 Oct, 2005 09:32 pm
3 months ago, I was taken to court for child support. She was awarded R750 per month. I had been giving her R1000 per month before this but she wanted more, and decided to go to court because I refused to budge. Anyway, since she ended up getting less, she has turned really ugly. Numerous events have occurred that lead me to believe she is now out to make my life a living hell; the latest being spreading rumours about my fiancee....
Her last deed is such: She applied for a transfer and is moving quite far. She informed me of this a few days ago. As the case may be, her application ha been successful and she has moved, informing me that she will return in a week for the child, who has been living with me for the past six weeks. My question is: Can I legally stop her from taking the child and how?

edit: Take note: We live in South Africa ...
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Type: Discussion • Score: 1 • Views: 709 • Replies: 6
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fishin
 
  1  
Reply Tue 4 Oct, 2005 09:37 pm
Since you are using "R" instead of a "$" I'll assume that you aren't in the U.S (South Africa perhaps?).

What does your divorce/child custody/Child Support agreement say about her moving?

If there isn't anything written in there stating what happens if one or the other parent moves away then your option is to go to court and seek an injunction preventing her from relocating the child until some sort of final agreement is worked out.
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online14230
 
  1  
Reply Tue 4 Oct, 2005 10:02 pm
We thrashed out the agreement, which ONLY addressed the money issue, through a mediator. I, personally, felt the mediator was biased. I asked her to consider that I had just taken a drop in salary as our company wasnt performing (it was that or take unemployment checks Sad ) . the woman laughed!! Anyways, there was a panel of four mediators at the end who spent like 3 hours questioning me about my life. I feel that, by virtue of the fact that I am paying for the maintenance of my child, I have a right to see her as and when I choose, provided it is convenient. Now, to be fair, does that mean its inconvenient for the mother if I insist on seeing her every weekend as per our verbal agreement? Considering that she is moving to another province?
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fishin
 
  1  
Reply Tue 4 Oct, 2005 10:05 pm
I can't speak for other countries but in the U.S. if there isn't anything in the child support/custody arrangement then the parent with custody can pack up and move anywhere they want to whenever they want to.

Most states here include provisions for that in the custody/support agreement now.
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Debra Law
 
  1  
Reply Fri 7 Oct, 2005 02:44 am
My state laws prohibit the custodial parent from moving out of state with the child unless the custodial parent obtains the noncustodial parent's written consent or a court order. If a court finds that the move is not motivated by the custodial parent's desire to frustrate visitation and the move is in the best interests of the child, the court will allow the move but modify the visitation provisions to ensure that the noncustodial parent and the child maintain their relationship.

I don't know anything about the laws in South Africa and I suggest that you to seek legal counsel and advice immediately.
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online14230
 
  1  
Reply Tue 11 Oct, 2005 01:30 pm
Gratitude!!!
Thanks for all the advice. Just cos you people are so nice, heres what happened.. Smile
I approached a guy from our community who is a lawyer. He gave me some advice: Apply for sole custody immediately. This ensured the child could not be moved ANYWHERE. BEFORE that particular case concludes (he said I would defiately lose), approach a social worker and explain the situation. Ask her/him to please help assert my legal right, which is access to the child.
I did as he said and to my surprise, I am now king of THAT throne. My ex was forced to move or lose her job. My daughter, by law, cannot leave the city without permission from the social worker, who checks up on us once a week (which I dont mind). Heres the good news. If the Ex stays away for more than three months without spending at least three days with the child, I am REQUIRED by law to take legal custody of the child.
All I wanted was that I am able to see my child when and where I could. I didnt want to be difficult and I didnt, and dont want to be unfair. She insisted on doing what she wanted, to spite me, so I acted. Unfortunately for her, she has to travel quite often or lose all rights she has. Now that her stupidity has been brought to the fore, she has been acting really wierd. I have recieved death threats directly from her, Ive been assaulted by members of her family and Ive had my car burned. I cant prove that she has initiated any of the events that have transpired, but it has become quite plain to all that she is behind it all. I was quite prepared to travel to Johannesburg with my daughter to give her a break, but she changed my mind ..
Now I wait. Ive decided to make her suffer...
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Debra Law
 
  1  
Reply Wed 12 Oct, 2005 12:00 am
Oh. That's great. Two parents intent on spite and making each other suffer . . . with a small child in the middle. See something wrong with that picture?
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