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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100009
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex husband and i divorced in March of 2015. We signed a

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My ex husband and i divorced in March of 2015. We signed a separtion agreement which outlined custody and child support payment. I got a lawyer to draft the separation agreement and represent me just in case we ended up in court while he choose not to
obtain represntation. The agreement stated I would have the children all other times except every thursday and every other weekend and certain holidays. This is what i wanted as I wanted to provide the children stability as my daugther was starting kindergarden
that August. We have shared custody and I am primary for school purposes. child support is currently at $1215 a month. Once my daugther started school, my ex decided that he longer wanted to pay the amount that was agreed upon even though the same expenses
exist such as child care and may be even a little more. He also claims the schedule isn't fair all of a sudden. this all resulted after I brought my new house and he met my new boyfriend. My ex is the one who left the marriage by having an affair. Due to him
deciding on his own he did not want to abide by the court order schedule and court order child support, I was forced to provide the school with court order and go to child support so they can help me collect the full amount of child support. They are now garnishing
wages and have added an additional amount for arrears. when i called up there they mentioned that his lawyer had called earlier. That is how I found out he got a lawyer. he claims I'm trying to keep his kids from him when that is not the case. he has open
access to his kids, I just require that he brings them back home in the evening in order for them to maintain the regular routine and stability. this is all his doing. I only involved legal due to him trying to bullying me and not doing what he was suppose
to do. Does he have any grouunds to stand on given the situation, I make more money than him but the child support numbrs were done correctly throught hte lawyer by guidlines. Should I wait for something in the mail from his lawyer, before seeking legal representation?
I feel he is only doing this because he does not want to pay and he is trying to make it seems like its about the kids when its not. according to the schedule during the labor day holiday weekend he was suppose to get the kids but he choose not to. so it's
definitely not about the kids when you don't even use your time effectively.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

" Does he have any grouunds to stand on given the situation, I make more money than him but the child support numbrs were done correctly throught hte lawyer by guidlines. "

Unlikely. While a party can file to MODIFY child support, he would have to prove that there has been a major chance in circumstance and he is making less, as unforeseen by the agreement. Otherwise, the Judge is likely to say "well, you did agree to this even if it is not exactly what the calculation would amount to."

Should I wait for something in the mail from his lawyer, before seeking legal representation?

This is up to you. However, until/unless his attorney actually files something in Court, technically, nothing has happened.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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