Our separation agreement is incorperated in our divorce. The agreement states we have joint custody of our two children (daughter now 14, son now 10). Visitation in the papers states my house mondays and wednesdays, dads house tuesdays and thursdays with alternating weekends (friday-sundays). Papers state no child support to be exchanged, but that we split all expenses 50/50.
After a year we realized visitation schedule was too much back and forth for the kids and made the minor change on our own. Currently I have the kids monday and tuesday, he has them wed. and thurs. and we still alternate weekends. We have been doing this for the past 3 years.
My ex husband has never paid his half of expenses as he is supposed to. Whenever I would push the issue he said we would have to change the schedule back to the way it is in the papers. This was bad for the kids, so he has held this over my head for the past 3 years.
Our daughter turned 14 in January and in February she stopped going to dads. She refuses to go. Our son is struggling in school, partly (I feel) because he is divided between 2 homes during the school week. Dad has not been to sons school at all this year, nor has he ever spoken w/ teacher. Our son has minor medical issues, dad has never been to Dr or taken him to any therapies. He has been informed and invited.
My husband and I are looking to move about 25 miles away. I suggested to my ex that we change visitation to me having our son during the week and one weekend a month during the school year, and my ex having him 3 wknds a month during the school year and the majority of the summer and during school vacations. Since our daughter wont go there, I would also like full legal custody of her, so I can make decisions, etc. My ex flew into a rage and said he was going to sue me for full custody of our son.
I would like to go ahead and try to get the agreement changed. That way he's not holding it over my head anymore. Also, since I havent had any luck getting his portion of expenses before I wondered if the judge could require him to put a certain amount in an account for the kids for college?
How should I proceed with this?
After a year we realized visitation schedule was too much back and forth for the kids and made the minor change on our own. Currently I have the kids monday and tuesday, he has them wed. and thurs. and we still alternate weekends. We have been doing this for the past 3 years.
My ex husband has never paid his half of expenses as he is supposed to. Whenever I would push the issue he said we would have to change the schedule back to the way it is in the papers. This was bad for the kids, so he has held this over my head for the past 3 years.
Our daughter turned 14 in January and in February she stopped going to dads. She refuses to go. Our son is struggling in school, partly (I feel) because he is divided between 2 homes during the school week. Dad has not been to sons school at all this year, nor has he ever spoken w/ teacher. Our son has minor medical issues, dad has never been to Dr or taken him to any therapies. He has been informed and invited.
My husband and I are looking to move about 25 miles away. I suggested to my ex that we change visitation to me having our son during the week and one weekend a month during the school year, and my ex having him 3 wknds a month during the school year and the majority of the summer and during school vacations. Since our daughter wont go there, I would also like full legal custody of her, so I can make decisions, etc. My ex flew into a rage and said he was going to sue me for full custody of our son.
I would like to go ahead and try to get the agreement changed. That way he's not holding it over my head anymore. Also, since I havent had any luck getting his portion of expenses before I wondered if the judge could require him to put a certain amount in an account for the kids for college?
How should I proceed with this?
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