What is the name of your state? Florida, Texas, New Mexico
Thanks for your patience, this is confusing.
My original divorce proceeding was filed in Florida. I had Custodial, with my ex having shared parental responsibility and visitation. About two years after our divorce was final, my ex - who is in the military- asked me if we could modify the order so he could get a house on base. He was living in the dorm and it made visiting with the kids difficult. So, I agree and we had the order modified to put the kids under him with me as the non custodial. He got the house, but the children still lived with me. They spent as much time with him as they all wanted. But home was with me, they went to school with my address as their primary..etc. etc. The modification had a stipulation in it that read "Upon written agreement of the parties, the current order reverts to the orginal" So, eventually, I and my children - with my ex's blessing - moved to Texas, where we have lived for almost ten years. A few years ago my eldest son went to live with his dad in New Mexico. That child is now in college and only the two youngest need support. During the time that the children have lived with me, Dad has been sending child support (we sent an affidavit to Florida stating that the children were now living with me, back in 1997).
Okay, so here's the sticky part. Dad makes 80k a year and pays 250 a month in child support. There has been no modification over the last 10 years. I have asked him nicely over and over to please raise it to keep up with the cost of living and the fact that, as teens, the kids really need more support. (I am a single mom and working full time). Dad won't do it. And I don't understand why he won't
I finally decided to try to get a modification since Dad won't agree to help out more. I contacted Florida and they told me I had to go through Texas. I contacted Texas (AG) and they told me I had to got through both Florida, New Mexico and the military.
I have NO idea where to start, or how to get things straight. I called a lawyer in Texas and he told me that the courts won't care about that affidavit reverting to the original agreement. He said that the order is the only thing that counts. Of course this was a brief phone call to a random lawyer and I haven't retained anyone because I want to make sure I am spending precious resources in the right place. It doesn't make sense to me that the affidavit wouldn't count for a thing if the order said to do just that in case of a change.
What do I do? Where do I file? I'm going in circles and I can't afford an attorney in three states. Help please! Teenagers cost more than that to feed in a week! (kidding..although barely.).
Thanks for your patience, this is confusing.
My original divorce proceeding was filed in Florida. I had Custodial, with my ex having shared parental responsibility and visitation. About two years after our divorce was final, my ex - who is in the military- asked me if we could modify the order so he could get a house on base. He was living in the dorm and it made visiting with the kids difficult. So, I agree and we had the order modified to put the kids under him with me as the non custodial. He got the house, but the children still lived with me. They spent as much time with him as they all wanted. But home was with me, they went to school with my address as their primary..etc. etc. The modification had a stipulation in it that read "Upon written agreement of the parties, the current order reverts to the orginal" So, eventually, I and my children - with my ex's blessing - moved to Texas, where we have lived for almost ten years. A few years ago my eldest son went to live with his dad in New Mexico. That child is now in college and only the two youngest need support. During the time that the children have lived with me, Dad has been sending child support (we sent an affidavit to Florida stating that the children were now living with me, back in 1997).
Okay, so here's the sticky part. Dad makes 80k a year and pays 250 a month in child support. There has been no modification over the last 10 years. I have asked him nicely over and over to please raise it to keep up with the cost of living and the fact that, as teens, the kids really need more support. (I am a single mom and working full time). Dad won't do it. And I don't understand why he won't
I finally decided to try to get a modification since Dad won't agree to help out more. I contacted Florida and they told me I had to go through Texas. I contacted Texas (AG) and they told me I had to got through both Florida, New Mexico and the military.
I have NO idea where to start, or how to get things straight. I called a lawyer in Texas and he told me that the courts won't care about that affidavit reverting to the original agreement. He said that the order is the only thing that counts. Of course this was a brief phone call to a random lawyer and I haven't retained anyone because I want to make sure I am spending precious resources in the right place. It doesn't make sense to me that the affidavit wouldn't count for a thing if the order said to do just that in case of a change.
What do I do? Where do I file? I'm going in circles and I can't afford an attorney in three states. Help please! Teenagers cost more than that to feed in a week! (kidding..although barely.).
