Hi Josbaby
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.
Re : Thats great!! Actually I am a workin mother. Frankly speaking, my hubby does not give me any money to spend every month, beside this, every month my boy's child care fees, baby's nanny fees and misc expenses all also i half half with him de. The only thing he pay for me is hp bill, cause under his name. But sometimes I will also pay part of it secretly without him knowing, Cause if he knows that I pay, he will not pay le, then at last the overdue amount accululates and phone lines get barred.
Ok then if you are awarded custody of the kids, then for maintenance he will be asked to pay the half of the kids' bills which he has been paying all along, at the very least. He will also need to cover half of the cost of their food, board (ie your rent). You may not be able to get much maintenance for yourself though since you are self-sufficient but you could argue that he has always paid for half (or all) of your rent (by providing the place you stay in) and food (grocery bills 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.
Re : I am not partial owner of this house. He bought it with his brother using 2 PR blue ic before we got married. But u see, cause all my things are there but his mum refuse to let me enter the house. What can i do? I need to get back my things too. I cant be buying and buying when i already have them. How?
Make a police report and tell them that he is holding onto and not allowing you access to your belongings. Can argue that this is misappropriation of property (slightly different from theft) as he is detaining your stuff. Usually, just getting a visit from a police officer or getting a phone call from the officer to come down to the station to record a statement is enough to make people cooperate for matters like this.
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.
Re : For my baby, I have absoultely no worries abt no fufilling my duties as mum, looking after him etc because i breastfeed him until 6 mths. I am the only person who looks after him with all attention, hb do help at times but thats when bay is very young, now baby older, he can just sleep and dun really care. Day time is nanny look after la. But my big boy is looked after by my mil since birth, because that time he was very small and had breathing problems when i delivered him, so as the first grandson of the family, mil took special care of him. Most of the time, I am also not allowed to meddle with my big boy;s things. Also cause that time, I had c-sec, my health was recovering very slowly cause during my pregnancy, I had many complications thats y I also didnt argue with mil. When my big boy turned older, I then got chance to get close to him, but my mil keep imputting wrong things into his mind, teach my son that only grandma, grandpa and dad is important, must greet whenever he see in morning or come home. mil didn't teach my boy to recongnise me, so as a result, now my boy become closer to only mil and my hb. Although i tried to save the situation, also cant help le. I have strong feeling if court will respect child's decision, then maybe my elder boy custody may go to my hb.
For your younger child, make sure you have a clear plan for who will look after him while you are away at work, spell out why this is a good quality of care etc. Basically you have to convince the court that you can take good care of him.
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.
rE : Agree totally. In fact, his brother and mil is the one who wan him to dun give me mantainence fees.
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.
Re : looks like chances are slim for me to get back my elder boy
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.
Re : Thanks for helpin me to answer....
Very grateful to u...
But can i ask something? Now we haven even go into seperation or divorce officially, can my hb abuse his rights as father to command the school(my son child care) to only inform him abt my son ongoing events and get only his approved? cause yesterday, my son school call me, but by mistake, they wanted to call my hb. then when teeacher hear my voice, she immediately say"oh, sorry, i should call daddy instead" of course i told her its ok, u can talk to me. u know what she say, she say "no need, i will talk to daddy" then immediately she hang up on me. Does my husband have anyn right to do this to me? I got so angry until i called the school and reprimand the principal. I said, I am his mum, what right does the school have to keep my son's ongoing happenings from me? Me and my husband are not into the fighting custody stage, even so, I still have right to know.How can yr staff hang up on me? i reprimanded them.
No, he has no right to do this, but neither is it a crime. May I suggest that you make clear to all organisations/persons who come into contact with your kids (eg: tuition teacher, enrichment centre, childcare, school, paediatrician, etc) that you and your hb are in the process of getting separated/divorced and that you are to be informed of all issues relating to your kids? Sometimes, hbs may say certain things to the school etc so you do need to make the effort to clarify this.