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Modification of Divorce Decree

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Jmirror8

Junior Member
What is the name of your state (only U.S. law)? Florida

I'm going through a modification of parenting time. My husband and I divorced in 2008, we have 2 children together ages 4,5. We agreed to shared parenting, with the kids spending one week with me and one week with my ex. Since our divorce some substanioal changes have occured, so I filed a petition for modification of parenting time. In our divorce decree my ex was said to have to provide health insurance for the kids, since he gets it through his job at no cost. Well my ex just served me with a motion for temporary relief, stating that "Wife has available a health, hospitalization, and major medical policy and should be required to cover Husband and the children under this policy, during the pendency of this proceeding. Wife should cooperate and convert for husband all rights under COBRA". I'm confused about this because we are already divorced, and how can he ask for me to cover him and the kids on something, that he already covers them on, and it comes to him at no cost, and the coverage is very good? It will cost me money to add them, it just does not make any sense to me.

In this motion it also states that he is unable to pay his attorney fees, and wife is able to do so, and should be required to do so. My ex triples my income. I make $14.00/hr and work 40 hours every week with no overtime. He make $35.00/hr and works 40-60hours a week. He also has his girlfriend and sister living in his house, whom i'm sure are not living there for free. In my house it is just me and our kids. I can barely make my current bills never mind have to pay his also. He also has a copy of my financial affdavit so I am compeltely confused about this motion. Any help/advice would be appreciated.

He is also asking for a change in child support. He currently pays $175.00/month for 2 kids, and he's asking to lower that! I don't get it.
 


ecmst12

Senior Member
Is it possible that he lost his job?

If he did, I can see a judge ordering for you to cover the kids, but I do not think there is even a small chance that you will be ordered to cover HIM. He would not be able to pick up Cobra from your plan 4 years after your divorce, there are time limits for these things.

Losing his job would also explain the request to lower his child support.
 

Doreen

Member
What circumstances changed, and what changes are you asking for in parenting time?

Did you file this modification as a pro se and he has now lawyered up? If so, it would be in your better interest to retain an attorney to handle this going forward
 

Jmirror8

Junior Member
Is it possible that he lost his job?

If he did, I can see a judge ordering for you to cover the kids, but I do not think there is even a small chance that you will be ordered to cover HIM. He would not be able to pick up Cobra from your plan 4 years after your divorce, there are time limits for these things.

Losing his job would also explain the request to lower his child support.

As far as I know, no he did not lose his job. He has been working at the same place for over 7 years. He is covered by a really good union, where you have to pretty much kill someone to lose your job. So if he lost it, it is going to be because he quit.
 

Jmirror8

Junior Member
What circumstances changed, and what changes are you asking for in parenting time?

Did you file this modification as a pro se and he has now lawyered up? If so, it would be in your better interest to retain an attorney to handle this going forward
There are several circumstances that have changed, and I have been pro se for a while and I have been doing pretty well. I can EASILY prove the change in circumcstanes. He has a lawyer but, and the sad thing is that she wrote this petition up. So I think there is something mentally wrong with both of them**************
 

Silverplum

Senior Member
There are several circumstances that have changed, and I have been pro se for a while and I have been doing pretty well. I can EASILY prove the change in circumcstanes.
Part of the reason for asking if you have the necessary COC is to see if it meets the standards. Many, MANY posters think they have a COC, but do not even come close.

Jmirror8 said:
He has a lawyer but, and the sad thing is that she wrote this petition up. So I think there is something mentally wrong with both of them**************
I doubt that.
 

LdiJ

Senior Member
Part of the reason for asking if you have the necessary COC is to see if it meets the standards. Many, MANY posters think they have a COC, but do not even come close.


I doubt that.
That was a really weird petition for his attorney to have put through...at least a very distracted attorney who doesn't proof-read what going out of his/her office.
 

Silverplum

Senior Member
That was a really weird petition for his attorney to have put through...at least a very distracted attorney who doesn't proof-read what going out of his/her office.
I'd buy your (bolded) theory WAY before I'd buy "there is something mentally wrong with both of them."
 

Jmirror8

Junior Member
That was a really weird petition for his attorney to have put through...at least a very distracted attorney who doesn't proof-read what going out of his/her office.
Yes I agree, and 4 days before he filed this motion he went out and bought a 2013 Audi when he already owns a 2009 Honda that runs perfectly fine, and now he has a lien on both vehicles.
 

Jmirror8

Junior Member
Part of the reason for asking if you have the necessary COC is to see if it meets the standards. Many, MANY posters think they have a COC, but do not even come close.

Do you have an email address? I can email you the details regarding the COC
 

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