A year ago I went to court and my ex gave up all custody in order to pay $1000 less in back pay. Now my ex has told me that they want 50/50 access (not custody). My son is going to school in a different city which means if my ex got 50/50 then there is no guarantee that during my sons stay with my ex that he will get to school. He will also have a completely messed up sleep schedule due to him waking up and going to bed at earlier hours with my ex to make up the travel time.
With child support my ex voluntarily left the military. It’s been 9 months and my ex still hasn’t found a job or even looked for one. My ex stated he wasn’t going to bother because his pension and money from VA covers him for two years. He is now looking to lower child support because his 2019 tax return showed a lower income due to his release however I know he got about $80k from the military and is getting monthly payments from VA. I told him I would look to raise section 7 as right now he is only paying a flat $250 a month where due to income he should be paying 57% which is well over $250. My ex has said through text messages that he wants to lower child support so he can afford a mortgage.
Right now I can’t afford a lawyer because this would be the third time we have went through the court process and the last two times it cost me $25k total because my ex would drag it out constantly and bombard my lawyer with emails. We went through mediation the other two times, cost me a fortune, then when it came time to draft up the new order my ex decided he didn’t agree with what was decided in mediation and we had to through the case conference anyways.
My ex’s lawyer has basically told me this file is not a priority of hers. She told me to talk directly with my ex because she has other pressing files to deal with. She keeps pushing mediation on me and after I told her my reasoning behind not wanting to pay for mediation. His lawyer sent me a letter back in February basically demanding a response in two weeks. I had responded with answers to her questions as well as valid concerns of mine including major health and safety issues and I didn’t hear back from her for two months which was her letting me know of other issues from my ex and nothing about my emails. The lawyer isn’t reading any of the emails I have been sending as she keeps sending me emails asking for information I have already sent.
Can someone please tell me what my options are?
I know there is case law that says child support should be based on current income. Can I file a financial disclosure to basically get him to pay CS based on the $80k pension payout and money from VA?
How can I look to increase section 7 expenses?
Is there anything I can do to stop the 50/50 access battle before it starts?
With child support my ex voluntarily left the military. It’s been 9 months and my ex still hasn’t found a job or even looked for one. My ex stated he wasn’t going to bother because his pension and money from VA covers him for two years. He is now looking to lower child support because his 2019 tax return showed a lower income due to his release however I know he got about $80k from the military and is getting monthly payments from VA. I told him I would look to raise section 7 as right now he is only paying a flat $250 a month where due to income he should be paying 57% which is well over $250. My ex has said through text messages that he wants to lower child support so he can afford a mortgage.
Right now I can’t afford a lawyer because this would be the third time we have went through the court process and the last two times it cost me $25k total because my ex would drag it out constantly and bombard my lawyer with emails. We went through mediation the other two times, cost me a fortune, then when it came time to draft up the new order my ex decided he didn’t agree with what was decided in mediation and we had to through the case conference anyways.
My ex’s lawyer has basically told me this file is not a priority of hers. She told me to talk directly with my ex because she has other pressing files to deal with. She keeps pushing mediation on me and after I told her my reasoning behind not wanting to pay for mediation. His lawyer sent me a letter back in February basically demanding a response in two weeks. I had responded with answers to her questions as well as valid concerns of mine including major health and safety issues and I didn’t hear back from her for two months which was her letting me know of other issues from my ex and nothing about my emails. The lawyer isn’t reading any of the emails I have been sending as she keeps sending me emails asking for information I have already sent.
Can someone please tell me what my options are?
I know there is case law that says child support should be based on current income. Can I file a financial disclosure to basically get him to pay CS based on the $80k pension payout and money from VA?
How can I look to increase section 7 expenses?
Is there anything I can do to stop the 50/50 access battle before it starts?
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