I have been self-representing. I have had some success and some failures. At the end of the day, I just cannot afford a lawyer.
Here is a little background and my dilemma.
History:
Ex runs into to some personal (legal) problems and for a period of about 5 months I had the kids fulltime. In September we will be going back to the 50/50 schedule.
During this time he refused to pay CS. We went to mediation and he brought his lawyer to mediation. We worked out an agreement for CS arrears and I agreed that he could pay this over 12 months which is probably what a court would give him anyways.
I have been working 2 jobs since we separated. With my 2 jobs my ex and I make close to the same annual income. We have 50/50 so neither one of pay CS (when things are normal). At mediation I brought up that we should discuss CS as I would be terminating my p/t job. I cannot physically care for my kids, work 60-70 hours a week, maintain my house and have a life. His lawyer shot down this discussion saying that this provision was already included in our SA. I dropped the issue knowing that this clause was included.
-SA says that the person requesting CS is to give written notice. Check
-SA says that once a year we trade NOA's and the person owing the other will pay or repay if there is an overpayment.
Help me with this:
I sent an email to the ex stating that I was requesting CS start in the fall of this year. I provided him with the off-set amount from his income to my income without the second job. (It's a couple hundred bucks)
Obviously not happy with this request he went to his lawyer. His lawyer sent me a letter basically stating the following:
-that I cannot voluntarily quit my job (I'm only quitting my 2nd job, I will still be working f/t)
-there was an order signed on CS and I cannot change it for 6 months. (I am not trying to change the agreement we came to in mediation, this is a material change and our SA clearly states this)
-If I want CS I need to wait 6 months or apply for leave from the courts. (Do the courts look badly on this? Do they view this like "you made your bed, lie in it" or more like "the wording is unclear, vague and there is a difference in opinion, this needs fixin'"
-They want detailed reasoning as to why I am leaving my second job. (I'm completely burnt out, I can't keep working avg65 hours a week, my kids have asked me to cut down)
It seems like everything is such a big battle with the ex. I'm very much open to suggestions, advice, pm's ect. I'm sure I left a lot out but this is the jist of it.
Here is a little background and my dilemma.
History:
Ex runs into to some personal (legal) problems and for a period of about 5 months I had the kids fulltime. In September we will be going back to the 50/50 schedule.
During this time he refused to pay CS. We went to mediation and he brought his lawyer to mediation. We worked out an agreement for CS arrears and I agreed that he could pay this over 12 months which is probably what a court would give him anyways.
I have been working 2 jobs since we separated. With my 2 jobs my ex and I make close to the same annual income. We have 50/50 so neither one of pay CS (when things are normal). At mediation I brought up that we should discuss CS as I would be terminating my p/t job. I cannot physically care for my kids, work 60-70 hours a week, maintain my house and have a life. His lawyer shot down this discussion saying that this provision was already included in our SA. I dropped the issue knowing that this clause was included.
-SA says that the person requesting CS is to give written notice. Check
-SA says that once a year we trade NOA's and the person owing the other will pay or repay if there is an overpayment.
Help me with this:
I sent an email to the ex stating that I was requesting CS start in the fall of this year. I provided him with the off-set amount from his income to my income without the second job. (It's a couple hundred bucks)
Obviously not happy with this request he went to his lawyer. His lawyer sent me a letter basically stating the following:
-that I cannot voluntarily quit my job (I'm only quitting my 2nd job, I will still be working f/t)
-there was an order signed on CS and I cannot change it for 6 months. (I am not trying to change the agreement we came to in mediation, this is a material change and our SA clearly states this)
-If I want CS I need to wait 6 months or apply for leave from the courts. (Do the courts look badly on this? Do they view this like "you made your bed, lie in it" or more like "the wording is unclear, vague and there is a difference in opinion, this needs fixin'"
-They want detailed reasoning as to why I am leaving my second job. (I'm completely burnt out, I can't keep working avg65 hours a week, my kids have asked me to cut down)
It seems like everything is such a big battle with the ex. I'm very much open to suggestions, advice, pm's ect. I'm sure I left a lot out but this is the jist of it.
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