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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27643
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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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:  FamilyAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. At this time, the current order and agreement is going to control, so he can not just take it upon himself to modify or change it, without your consent. If he does, he can be taken back to court and held in contempt and you could ask the Judge to compel him to comply or take action against him. You did the right thing by going through the State to get the child support if he is not paying and he likely obtain an attorney to try and stop the garnishment. If he now does not want to comply with the custody agreement or pay the child support which was ordered, then the burden would be on him to file a motion to modify it and he would need to show a substantial change in circumstances, for that to be done. Even though he retained counsel, you do not yet know the basis of it, so it may be in your best interest to wait and see if anything is filed and once that happens, you can then retain an attorney to respond and represent you.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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