Going to court on Tuesday...

What is the name of your state? Illinois

I have a court date set for Tuesday morning at 9am. I have filed a motion to vacate the child support order that was entered against me, alter our "joint-custody" order to shared custody, and to continue our case until I am able to afford or find an attorney.

Quick rundown: Wife and I have been seperated for 6-months. I have our two daughters 4-days a week, she has them 3. This has been working out VERY well for us. She makes about $300/month less than me, but we both pretty much live paycheck to paycheck. She supports the girls when she has them, I support them when I have them. I pay their health insurance ($300/month), I give them baths, put them to bed, get them ready for school, etc. Back on April 26th, we had a hearing where my wife was requesting child support, and joint-custody. The judge awarded her $700 a month from me, and residential custody. She had an attorney, I didn't.

The child support order has made it so that I'm not able to provide for my girls when I do have them, or take them to fun places (the ones that cost money), or have any sort of decent home for them. For the past six-months, we have just taken care of things ourselves, and split any major costs. This has allowed our children to spend equal amounts of time with both of us. But now because of the rediculous amount of money I have to pay my wife, I'm going to have to work a lot more just to get by, and hence... not be able to spend that time with my kids.

Does anyone have any advice for me going in there on Tuesday Pro-Se? I know not having an attorney is hurting me, but I couldn't afford one before the CS order was entered, and I surely can't afford one right now while it's in place. What do you think my chances are of getting it vacated (since I didn't have an attorney at the first hearing), and being able to get shared custody so we can continue as things have been? Any advice would be much appreciated!!!

It's highly unlikely that things will change unless your X and you can come to an agreement for shared custody.
Obviously , she does NOT want it the way it WAS.

You should ask for a continuance to try and find a Lawyer Pro Bono ( donates his time ). - call the Bar association , or a Law firm that will take pay fees on a sliding scale bases ( they would probably factor in your CS order that now exist ).

Usually CS can not be vacated ( you would have had a period of time to contest it ). Your only hope is modification .

Once you get Custody/visitations you could try modifying it accordingly .

Are you asking for Physical Custody ? Shared Custody ? what ?

You keep repeating yourself as "the way it was". That is over and done with.

You really need some council .

I did speak to an attorney the other day, I guess I just wanted some more opinions on this matter. I am asking for shared custody, because that's what we've been doing, and that's pretty much what we need. My ex and I have opposing work schedules that has pretty much dictated our custody arrangement. It has just worked out where we both have the kids about 50% of the week, it's not like we sat down and said "okay, you'll have them these days, and I'll have them those."

As I said, this is the way we need things to be. I'm asking to get the support vacated because there is absolutely NO justification for it. That would be like me asking for support from her... why? But this is knocking me out of the equation... and for my kids sake, I can't let it happen. Anyway, the lawyer I spoke with agreed, and said I should file to vacate it, and ask for a continuance until I'm able to seek council. She said I shouldn't really have a problem undoing all of this since I didn't really have a "fair-chance" at the first hearing.

Does this sound like it can be done? Or was she just blowing smoke?

Does anyone possibly have any last minute advice? My kids and I could really use it. Thanks!