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Old 06-12-2013, 09:31 PM   #1
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Default Need to adjust the CS

So, I was able to move back home to another state even though it said in the agreement that I couldn't without permission. My ex just let me go because he was engrossed with a girlfriend at the time and having him care for the kids while I went to school and worked (within the confines of our roughly 50/50 arrangement) was like cramping his style. I jumped on the offer because I didn't want to take the time to take it to court and let him have a chance to change his mind. A year later, they fell through and he quit his job making 50k+ a year and moved out here. He SAYS to be with the kids...but we know this is not true. He never takes the kids on his weekends (every other one and is always too busy to come help while I do stuff like for example go to the OB, a place we don't need the kids aged 5 and 7 there staring at me! That's just one example of how sometimes Mommy needs to do stuff ALONE. He is now working a job that he says pays only half of what he made in the other state when CS was determined. That CS was based on him housing and feeding the kids 50% of the time, and at the time, there were no provisions for childcare while I worked and went to school since he was going to be helping with that. So the situation now is that I have probably violated the agreement and therefore probably don't much of a leg to stand on but need more money to make ends meet.
See, the CS that he is giving me is not enough to cover the childcare I need to work (which was in the other state where by law comes directly from his paycheck to a clearinghouse and this is where he's violated his end, since he has been paying me by check or direct deposit.) I wouldn't have to pay so much for childcare if he'd take them like the agreement says I have to let him. He doesn't though. It cuts into his personal time, you know, and that's like money he could spending on himself. Yeah, but when I want to go out, I'm being selfish, buy myself a new pair of shoes on sale, yeah, that's not where the CS should go, right?? Even though I work and the kids have PLENTY (spoiled rotten!)
SO, he's saying if I try to take him back to court to have the childcare added on and his custody time reduced, since he only takes them when I want to go somewhere WITH them. Just to inconvenience me, assert his dominance or something, whatever... he is saying that since he makes less, they will reassess it as LOWER since his income is less. Then there's the violation on both our parts... anybody have any experience like this? Can they actually award me LESS? Can they throw it out if I moved here without going through the court? Even though he hasn't like pressed charges against me for kidnapping or protested in any way formally.
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