Need advice on a personal situation

[OnyxCougar]

I'm in a similar (but not as severe) situation with my Husband and his ex.

At the very least, start reading up on the laws of your state. Learn them. Most should be available on the internet, if you can't find them, go to the library.

One thing she said was that she had to move for a job (which is coincidentally at the company her fiancee works at) at 12.00 an hour for 30 hours a week. She said she needed this job because bf does not timely pay his cs. He has only been late one month, which he got caught up on.

Is the BF paying CS through the DA or directly to her? If he's paying through the DA then she doesn't have a leg to stand on. If he's paying directly to her, is it by check? If so, get front and back copies of CASHED checks. This will show he was late once, but made it up. If he is paying directly to her, make sure when you answer the summons you request that you pay through the DA instead of directly, just to head this type of crap off in the future.

The second, less pronounced reason was her marriage to the guy in Texas. She also stated that he has neglected to take advantage of his parenting time, which was because of a change of plans that was agreed to by both parents at the time.

Do you have a calendar that you wrote down every day they came and left, what time you picked them up and dropped them off? If you dont have one, GET one. Answer that part of the summons by simply explaining what happened.

She also stated that he terminated his employment to lower child support and would not agree to the move unless they changed child support contrary to the statute.

The judge has already responded to that, so put that in the answer, and she doesn't have a leg to stand on.

Bf has never had issues with paying support for his children, unless she has tried to get exorbitant amounts of money from him for no apparent reason.

Once the support order is issued, she can't ask for more unless she files a modification request through the courts. Period. Well, she can ask, but he can tell her no, and if she tries to screw with his visitation because he said no, he can nail her for being out of compliance.

She also states that he hasn't paid her court ordered fees, and he plans to file for bk. He does plan to file, but has stated to her, that he doesn't plan on putting her fees in the bk, and there wasn't a court order for them, anyway.

If there was no court order for fees, he doesn't have to pay it. Period. His bankruptcy has nothing to do with custody.

She cut his time with the kids back to 2 broken up 2-week sessions in the summer and either winter or spring break each year.

Again, she doesn't have the power to cut anything. The visitation is court ordered, and if she is not following that order, he can take action against her for not being in compliance with the court.

How do I best support my bf?

By learning the laws of your state regarding support and custody, by typing up the answers to the summons and brainstorming. By absolutely not dealing with the ex, let him do that. By helping him keep as calm and cool headed as possible.

How does he prove that she is lying through her teeth?

That depends on how meticulous your records are and how he's been paying, etc. Most of the time, documentation that backs up your story is going to win the day. Also, BE HONEST. Even if he's screwed up or made a mistake, be honest about it to the court, admit the mistake was made, how you corrected it or intend to correct it, and tell your side. Keep the answer simple and factual. Make it chronological. Start only with the court order, and detail as much as possible where she's been wrong. Answer her lies point for point, using court orders amap (no court fees, she can't ask for more than the court ordered, she denied visitation against the order, etc).

IS there any way we can get those kids out of that house?

That's going to be tough with him on unemployment. Not only do you have to prove she's a bad mother, you have to prove he's a good father. You have to prove he's a better father than she is a bad mother.

It is obviously emotionally destructive for them, but there is no worry about physical abuse to the children, according to bf, therefore it will be difficult to convince a court of an emergency situation.

This is not an emergency situation. Personally, I would put in the answer that you don't want her to move the children to Texas for any reason. Tell the court that he would rather have physical custody of the children, amend the child support to her paying him a reasonable sum determined by the court, and set up visitation where she pays for them to come visit her and he pays for them to come home on a specific schedule (summers or whatever).

Note in the answer the comments the children have made, but make no mention of who you think is filling their heads with this.

If your answer to the court is written properly, in a coherent and appropriate way, that's half the battle. There IS a discriminatory bias when it comes to custody, but all you can do is what you can do.

We can't afford a lawyer either, and we filed our answer last week, so we'll find out how that went in about a year, if the summons was any indication.

Mainly, just document EVERYTHING. Get a calendar and notebook/folder that you only use for this. Telephone calls, the time of the call, how long the call lasted, the subject, etc. If she gets bitchy on the phone, then find a way to record the calls (let her know you're recording at the beginning of the call.) If she refuses to talk to you while you're recording, then all correspondance must be by mail, so that it's documented.

If she wants to play this game, then master it.