Help with divorce decree and child support modification.

[lewis603]

I am 52 yrs old and have been divorced going on 2 yrs this August. My ex wife was having a nervous breakdown last nov. and asked if my daughter could stay with me and said since my fiance and my daughter get a long so good she felt our daughter would benefit from being in a family environment. I lost my job in January and asked my ex wife if it was ok for me and my fiance to get a house together. She said absolutely and she would have her lawyer write a letter. Our divorce decree says no over night guests . Well we got a house together and my daughter is always with us. My ex works in a strip club and is always working or out of town so we have my daughter all the time. When I could not afford my child support I told her my fiance will pay as long as she could afford it. My fiance is disabled from an auto accident, lost her husband going on three yrs and is battling Cancer. When my ex goes through her manic moods she calls and threatens my fiance and I. Now she is threatening me with the decree and says she wants me to move out . My fiance cannot afford my child support and it is not her obligation. I was told I have to wait till August to get my child support modified and my decree. I have no money and my fiance has been paying for my bankruptcy attorney. I lost everything including my vehicle. My fiance pays for everything including my daughters health ins. summer camp clothes school supplies and had to by her a new tv. What do I do. My daughter loves my fiance. I have been sleeping on the floor since March because it says no over night guests around my daughter. What do I do?

 

[Michael Wechsler]

You ask a good question. I don't understand how you were able to purchase a home together unless your fiancee is shoulder virtually the entire burden of the purchase. She must love you a great deal.

Your ex wife can threaten all she wants with the decree but that might only be effective going forward. It seems you need a modification of your child support and custody decree. Your remedy would appear to be with the court. This is not my area of expertise and others may have more to say on this matter but I can't think of anything you can do to simply force your wife to allow your daughter to stay with you overnight.