Hi Josbaby
Hope the info below will be helpful:
1) if really my hb divorce me for no good reason other than cause of his mum, does he still need to give me mantainence?
Yes, he does. What is your current working situation? Does he work and are you a housewife? If so, then he needs to give you roughly the same as what he is currently giving you. If you work and he earns a lot more, then he has to give you maintenance to make up for the amt that he usually pays to support you (if any) and the family. There is maintenance for WIFE and maintenance for KIDS. If you get custody of the kids, then you get both types of maintenance - some $ for you, some $ for each of your kids (basically the same amt as it took to raise each of them pre-divorce). If you don't get custody of the kids, then the only issue is maintenance for yourself - that depends on your relative earning power, how long you've been married etc. It is NOT dependent on why the divorce happened, whose fault it was etc.
2) i have a family court PPO issued against him, to protect him from using violence on me with effect from 26/12/07. If he refuse to open his home door for me to go and get back mu stuff, can i go to the police?
The refusal to grant you access to "his home" is separate from your PPO. The PPO protects you from violence done by him. When you say "his home", you mean your matrimonial home? Do you co-own the home with him? If so, you can try making a police report; that usually does the trick.
3)my baby is with me, i took him together with me back to my mum place. if he really wan to fight custody of both kids, will he really stand higher chance than me? cause he is rearning much more money than i am.
Earning power is only one factor the court takes into account. Other factors include - suitability as a parent, willingness (and ability) to care for baby (if you're at work all day, do you have someone to help look after the kid?), child's views, etc. For very young kids, custody is generally awarded to the mother.
4) my hb now is in bank debts cause he used 2 creditcards until overlimit. if he use this as reason to dun give me mantainence fee, will he suceed?
No. He's not bankrupt right? He still earns money right? The overdraft on his cards is no reason not to pay maintenance.
5)my elder boy was look after by my mil since young, mil has taught him many things and said many things to him which are to my disadvantage, thats y now, he does not even look for me even when he dun see me at home. he is closer to father. if the court gives me the custoday of my elder boy but he dun wan to follow, does my hb have the right to fight back and say he wan to take my elder boy?
Not strictly speaking, but the views of the child (especially older children) are taken into account by the court in awarding custody.
6) even if my income is not enough to full support my baby, will court make decision base on this and give custoday to my hb? can i askhb for mantainence fee for baby to be given to me instead, and i still remain taking the custoday of my baby?
Yes, definitely. Please see above.