I apologize in advance if this question was already answered in relation to the rest of my posts and I missed it.
I filed a motion for modification of support, based on invalid deviation (because of change in circumstances = I did not relocate).
Dad filed response to motion, saying my calculation is incorrect, because he wants 50/50 custody.
Are these not two cases? Would he not have to file a separate motion to modify child custody, and is that not restricted by the 2 year ban on changes on the decree?
I recognize that they are related of course, but does the court not treat them (somewhat) separately?
How have the circumstances changed at all? The decree says mother MAY relocate, but it says she SHALL have sole custody. It does not put conditions on it. It also says father SHALL have 30 days visitation to be requested in writing. I did not HAVE to relocate. I know there is an assumed condition in there about the sole custody.
Do decrees ever get overturned because of sketchy language?
Also, does it make any difference to the court that I did indeed intend to relocate. First step was to get their birth certificates fixed. I have borne these three kids, yet my name is WRONG on all three of the certificates, because dad got to decide what to put on it, and he did not like my maiden name. So my maiden name is nowhere on there. This is part of the control he had over me. Anyway, after that, I made appointments with the consulate, and flew there with the kids, to get the paperwork taken care of. I was not able to, and in the meantime, money was running out, because the support order had changed, because they had given me only 2 months to pack up and leave.
So I tried and found a job. With the job, I thought it best to wait until the schoolyear was over, so that the kids could have a summer to adjust to a new life in a new country. And then with the job came the realization that I was indeed free and could provide for the kids and myself, and not be controlled any longer, so I changed my mind and decided to stay. There was also the hope that he would get better and the kids could have a dad as well. I did not expect him to help with the the daily living responsibilities, that is not his culture. But at least they would be able to see him.
I have proof of these things. Appointments, applications to get birth certificates fixed etc.
What I am saying is, this was not some elaborate hoax by me, as dad has been saying to everyone.
thank you all.