revisiting custody

[luvmykids]

Question! My ex is not following our divorce agreement. She has primary custody 60/40. She is not consulting me regarding the kids school, ( they each have missed over 40days this year) summercamp ( registered them in the YMCA but she wanted to put them in summer school ( which they have attended only 3 days so far) she has changed my sons school from a magnet school to a regular one ( he has beenin 6 schools over 3 years) and also has adhd abd she changes his meds again without consulting me. Denies visitation and althoogh the court ordered 50/50 on medical coverages and copays she has not paid anything. We are each to claim one child on our taxes but my return was rejected as she claimed both. She DOES NOT want to work and i have just been laid off. I WILL find employment even if its taking a HUGE pay cut to 10.00 hr as they BOTH NEED medical coverage. Can i file a change of custody myself. We both do not have any assets os savings but I have 10 k in a 401k. It just kills me that we cannot work this out and have to withdraw from my 401k ( with the 30% penalty for early withdrawal) all i curently receive is 300 wk unemployemnt while she gets ssi 600 each child and 350 food stamps and even though i pay FULL cobra coverage and all the copays she is suing me for child support.......
I barely have enough for my rent. i am currently living off my credit cards.......is there a way that i could make all the court appearances myself with only an attorey assisting me with the paperwork....what do you think??

 

[Duranie]

If the kids have missed that much school you can possibly get custody. Please call legal aid. If you have been laid off there is no way she can likely going to get an increase in child support. You need to prove the custody switch is in the kids best interest. Get their attendance records. What state are you in? When child support was determined was there an income put in for mom?

You at least need to take mom back to court for contempt. As far as the tax claim, you need to bring that up to and see if you can re-file because the IRS will go by what the court order says. If the court order says you claimn 1 child then fax in your decree. Mom could owe you some $$.

 

[luvmykids]

If the kids have missed that much school you can possibly get custody. Please call legal aid. If you have been laid off there is no way she can likely going to get an increase in child support. You need to prove the custody switch is in the kids best interest. Get their attendance records. What state are you in? When child support was determined was there an income put in for mom?

You at least need to take mom back to court for contempt. As far as the tax claim, you need to bring that up to and see if you can re-file because the IRS will go by what the court order says. If the court order says you claimn 1 child then fax in your decree. Mom could owe you some $$.

THANK YOU!! I AM IN FLORIDA....Legal AID is so swamped they are only taking domestic violence cases. since this is SO important...should i take the hit on my 401 k and hire a lawyer or try to do this per se? ( i think that is the term to represent myself) either way THANK YOU AGAIN!!

 

[luvmykids]

this gets better!! Today I was called by an inverstigator for DCF and advised of allegations of child abuse! I have to go to offices to answer allegations....I guess that answers my questions on whether or not i should draw from my 401k

 

[Duranie]

DCFS will investigate, they are required too. Talk to them and be as professional as possible. Have them come out to your house. Let them know this is a custody dispute and DCFS is used to this stuff and they will probably close the case if there is no proof of abuse.