AboutKindred Beisinger penname K D Elizabeth Beisinger Expertise I can answer general questions regarding separation, property, and some custody questions. I cannot answer legal questions or specific questions pertaining to individual states and counties. I can offer support through the pending time, as well as offering assistance and ideas as you move on as a single individual. I can tell you how to avoid repeat pitfalls and help you learn to leave old baggage out of new relationships. I can help you work through the contemplative time of "what if" and "if only." I am able to offer advice in dealing with unnecessary guilt, undeserved judgment, and share insight as to discerning between concerned friends, family and coworkers and nosey gossips.
Experience I have been divorced more than once and am now married to my soulmate. We are living the exact life we both wanted to build 30 years ago, long before we ever met. Well actually it's better than I had dared hope.
Question QUESTION: My brother and his ex filed for divorced 2006. In the divorce the judgment was for them to move out of the home and split the proceeds. She argued in court that he could keep it and pay her 20 Thousand Dollars. This was not in the decree but I believe its recorded in testimony or depositions. The house had not yet sold. She became pregnant (2007) at the time however, they did not make that known because he was not sure it was his child and they did not want it to take longer for the divorce to be final. There is nothing in the divorce re a child. They did not sell the home so that there would be a place for the baby. He is the primary care giver to the child. There are no documents regarding support and/or visitation of the child. Now they have verbal agreed that he will pay her off then she would sign off the home and move out. She stays there 'sometimes' comes and goes when she pleases and is not there for her child. He has now met someone new. He wants to make all this official and does not know how to fix the judgment on the divorce or do something about his boy and custody of him. He is afraid if he presses the issue of the home and money he will lose his boy. He has paid her over 12 thousand dollars to date and has receipts for these payments. Please help.
ANSWER: Dear Tracy,
Usually a divorce decree must be amended within 30 to 60 days of the final decree. Since there are so many possible variables in this situation, I would suggest that your brother see an attorney, immediately and begin whatever he needs to do to establish paternity or custody. Is his name on the birth certificate, as the father? If so, then he can proceed to some sort of custodial hearing. He really needs to establish this legally and only an attorney in the state in which he's living can advise on all the details. He needs to act quickly, especially if he's giving her all this money, but the "house agreement" is not in the actual final decree. Since there is no baby or custody or anything mentioned in the divorce, I'm guessing it will simply be handled like a baby born to parents that are not married. There is one thing, that may be considered, but he would need to check with an attorney for possible legal ramifications and that is if she was pregnant at the time the divorce was granted, whether or not they testified that she wasn't. Check on the possibility of perjury on that before proceeding. Your brother needs an attorney right away to protect his paternal rights and make sure he is credited with the money he's been giving his ex.
Your brother is fortunate to have such a caring sibling.
Kind Regards,
KD
www.eingedi.us
---------- FOLLOW-UP ----------
QUESTION: Yes his name is on the birth certificate. After the birth of the baby he did have testing done to verify that this is his child. Would he also have perjury charges if he knew she was pregnant?
Thank you so much for all your help and I will have to convince him to go ahead and get a consultation. He is very afraid that she will take the boy.
Thank you again!
Answer Dear Tracy,
With his name on the BC and a paternity test verifying, he has rights! I would still recommend that he seek an attorney to protect his rights. An attorney may recommend that he seek custody. I can't say, depending upon the state and the circumstances, but if his ex had a history of being dishonest or untrustworthy, it is her testimony that would be in jeopardy of charges of perjury, I believe. She knew when her last period was when she swore that she wasn't pregnant. Your brother really wouldn't necessarily have that same information.
Your brother needs to seek the advice of an attorney.
KD
