Question by ~*Live, Love and Blessed Be*~: Abusive husband files false charges against wife to gain temp custody of children to avoid child support? My husband and I have been seperated for nearly two years, but haven't gotten a divorce yet because of finances. I dropped my kids off with him at his parent's house (he's on probation for larceny) to stay with my father for three days until he passed away at his home. That day, he calls me furious because he recieved a letter from NC Child Support Enforcement saying he was $ 2300 behind in support and he would be taken to court if it wasn't paid (and since he was on probation with no job, that means jail). He demanded that I somehow drop the order (I can't because I'm recieving federal assistance- single mother of two who just escaped a domestically violent marriage!) and I explained I'd be more than willing to have it reduced from $ 580 a month to $ 100 a month, just enough for diapers, but that a judge wouldn't drop it completely. He was mad, and said he'd do what he had to do, which I took to mean he'd file a motion to have it dropped. The day of the funeral, I came home to find out he'd taken out a restraining order on me that very same day, alleging that I was suicidal and wanted to kill myself and my children because he wouldn't pay his child support and because my father was dying. (I took his death very well, it was his decision to come off of life support, and I respect that.) These words were never even thought about by me, let alone said. I have witnesses to attest to the conversation about child support and to summarize my "emotional state" throughout that whole week while my father passed. I cannot see or speak to my babies, who are two and three. I go to court Wednesday to defend myself, but because I don't have the money to hire an attorney, I'm afraid I'll lose my babies. This is serious. He has since paid the $ 2300 in back support but the state won't release it because the kids are in his custody now. (The domestic violence order of protection he took out on me gave him emergency custody). Any pointers on how to defend myself? This man was convicted of domestic violence towards me when DSS found bruises all over me when we finally seperated. I don't know what to do, what to expect. I'm so heartbroken- these are children, not a ball to be passed back and forth! Any case studies of abusive men who file false charges against their wives to avoid paying child support? Any help is more than appreciated. You all don't know how much of a relief it is just to hear people care! Legal Aid of NC won't help me because I'm a defendant in this case, even though I'm a battered spouse. Also, he told my mother that night that he didn't want custody, he intends to give the kids to his parents. It's all over child support. How horrible! He's now also alleging I'm placing my children in an unsafe sexual environment because he supposedly has seen bondage toys and a dog cage in my home. Absurd! Truly low! Like I said, if anyone can help with advice, it's more than appreciated. There's a hole in my chest where my heart used to be. Seperating a mother from her babies is beyond inhumane.
Best answer: Answer by Binst supports Frenchdoc
Wow what a horror story. A truly narcissist trick. I can't give you legal advice, living in the Netherlands, but I do wish you luck. Tell them how it is. It's your only chance. Maybe there's an organisation for battered women that you can consult. I'll star you so maybe one of my contacts will come up with a better advice.
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