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Crossing state lines

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M

melissae

Guest
This one is for the attorneys on the board. Last April my ex and I had a legal battle over custody of our daughter who is 14. He was 4 months behind on c/s at that time, (and over the dollar amount allowed in our state, Arkansas). The judge ruled that the original custody order would remain intact with us sharing joint custody, me as her primary custodial parent and primary residency, slapped my ex on the wrist and told him to get his c/s caught up. While being questioned by my ex's attorney he brought up a point that was not in our divorce agreement. That neither of us could move out of state with our daughter, This was because the company I had worked for was downsizing and the only way I could keep my job with them was to move to another state. He also said that it was understood that neither of us could cross state lines with our daughter while on any vacation that lasted longer than 3 days. My ex has since moved to KY (recently) and summer vacation time is approaching. He has still not paid any child support since Dec. 2000. I have never denied him his legal visitation nor have I been financially able to hire another attorney to file contempt charges. In his summary of our case the judge told our attorneys to work out the visitation schedule and full amount that my ex was in arears. As of last week the paper work from this court date (April 4, 2001) still had not been filed in chancery court and our original file was still in a pending pile on a clerks desk awaiting final papers from the attorneys. I have several questions about this case for any of you who may be able to answer. 1) I paid this attorney in full before we went to court and now he wants another $2,500.00 to file contempt charges. Since the case has never been finalized and the attorneys have still not finished working out details can he charge me for something I have already paid for? I have kept in contact with him on this and hounded him to get it done. 2) Since my ex's attorney brought up the part about crossing state lines with our daughter how does this affect summer visitation? By the way the state he kept me from moving to was KY and that is where he ended up moving to. I had to find another line of employment due to this and took a large cut in pay. 3) My c/s is court ordered in our divorce agreement from 2000 but it goes through the county clerks office not CSE, how the heck do I get someone to work on my case if I can't afford to pay another attorney? 4) My ex has not seen our daughter on a regular basis in the past year. He has had no contact at all with her in the past 3 months. At the time of our hearing last year he was starting this pattern of missing visits and he lived in the same town then. The judge also admonished him at that time and told him that not keeping his scheduled visits could get him back in court on contempt charges. My daughter loves her father and I do not want to do anything to harm her relationship with him. I know that she will someday realize everything that has happened. But, how do I assert our legal rights and not look like the bad guy in this situation? The c/s is for her, the visits are for her, etc. Why do I have to be the one that has to make the decision to make him pay or visit his child, why can't there be some type of system that automatically monitors non payment and kicks these cases out to a clerk or someone to follow up?
 



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