frankiej82
recently joined
Reged: 07/13/09
Posts: 3
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I live in Arkansas. I am in a relationship with a woman and her 3 yr old daughter. I stay the night over her house all the time and we are thinking about moving in together to save money. Her ex husband says that he is going to take her to court. My girlfriend has full custody. We are trying to figure out if she can get into trouble for us living together and what would happen. On the other hand, He has never paid her child support in the 2 yrs they have been divorce, so i would think that if he took her to court he would probably get in more trouble. What do you guys think about the situation? We just think it is pointless for me to have my own place when i can help her out with have of her bills. I see that Arkansas has a cohabitation law but it doesn't say anything in her decree about not doing it. the only paper she has that says not to co habitat is a suggested visitation schedule that she got from her friend. any help will be great. Thanks!
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Avaya
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Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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Quote:
What do you guys think about the situation?
I live in Arkansas too. I think it sets a horrible example for people to co-habitate.
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Eternity is too long to be wrong.
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JennyLynn
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Reged: 07/14/05
Posts: 31656
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What's in the CO about overnight guests? Anything? If the CO states she can't have overnight guests when she has custody of her child, he could file contempt.
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frankiej82
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Reged: 07/13/09
Posts: 3
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Isn't he already in contempt for not paying child support for over a year? Wouldn't that kind of hurt his case?
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JennyLynn
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Reged: 07/14/05
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Yes, but that's a different issue. Nor can he be held in contempt unless she files w/ the court.
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frankiej82
recently joined
Reged: 07/13/09
Posts: 3
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That is very true. I didn't think of that. I just figured that if he wasn't paying then she could bring that up in court to argue the case.
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JennyLynn
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Reged: 07/14/05
Posts: 31656
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And it is a good reason he wouldn't - but if it's against the CO, she shouldn't be doing it anyway.
I know it can suck - that isn't in my CO, so I didn't have to worry about it when my fiance and I moved in together.
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googledad
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Reged: 12/31/05
Posts: 10207
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In Arkansas , cohabitation is automatic grounds for a modification of custody , tread CAREFULLY .
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Careful. We don't want to learn from this.
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Debi
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Reged: 06/03/05
Posts: 7136
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Arkansas is pretty much the buckle of the bible belt. I would be very careful if I were your SO. She could very well lose custody over co habitating in that state.
AS for the CS, no she can't just bring up a contempt of CS if he takes her to court for the cohabitating issue. She would have to file a contempt motion to have it even discussed. Not just tack it on when she gets there because they are already in court.
The bad thing is, if he takes her to court and she then says "Well he hasn't paid CS in 2 years" it's going to work against her because hse will be viewed as caring more about the money than her child's well being.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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Yes_Dad
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Reged: 08/23/08
Posts: 7406
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Quote:
That is very true. I didn't think of that. I just figured that if he wasn't paying then she could bring that up in court to argue the case.
They are seperate issues. She need to file seperately.
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