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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118783
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Question number one. Ex wants to move children to a new

Customer Question

question number one. Ex wants to move children to a new school we have 50 50 custody. yet this is more complicated as I have moved out of state and petitioned the court with motion to relocate minor children and motion to modify parenting time. Judge ruled 50 50 stays the same yet I would have to have my 50% in the state that I moved from. Said children are resilient yet he would not allow the change. Original decree states that my residence dictates where children go to school. Second question is in the original decree in 2008 I was awarded maintenance or child support of about $120 per month. She has never paid anything. Do I have any recourse to keep her from moving children from school they have attended since kindergarten. They are 11 and 12. And can I force her to pay the support.?
JA: Because family law varies from place to place, can you tell me what state this is in? What confuses you?
Customer: Divorce was in Colorado and I have moved to Arizona due to health and financial reasons. I haven't seen my children for 2 months.
JA: Has anything been filed or reported?
Customer: Motion to relocate and motion to modify parenting time. Both filed and court proceeding December 5th , 2016
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think I have outlined my very pressing concerns. As children are being moved to a new school. I just got an email from ex an hour ago stating they would be going to different school.
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
These are two separate issues. First, she cannot just move the children to a new school without your agreement, since you have 50-50 custody unless the court decree says she is final decision maker in event of a dispute. If the decree does not state that you cannot agree with her over the school issue, you have a right to take it to court to argue how the change would not be in the best interests of the children, such as the new school is not as good academically.
Second issue, support. If she has not paid as ordered, she is in arrears and is in contempt of court and you have to take action by filing a motion for an order to show cause for contempt of court and have the court hold her liable and also ask the court to issue a garnishment of her wages if she is working.
You will have to get this to court for a decision if she keeps pushing this matter.
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