What is the name of your state (only U.S. law)?
My separation agreement (signed 2/2009) detailed both a 70/30 split (in my favor because at the time we signed it, ex didn't have the ability to do 50/50) AND a 50/50 schedule to be implemented once ex was able to do it.
Ex and I began using the 50/50 schedule in 9/2009. The schedule itself was very hard on children, and so we modified it to be a week on/week off (MUCH better for kids)
In 3/2010, the separation agreement was rolled into the decree of absolute divorce granted to me by summary judgement.
Because ex an I have been by turns agreeable and antagonistic, I would like to have the schedule we are actually using be entered as a modification to the CO. (Just in case he gets mean again- he has in the past) I told him I would file the modification- but that if we did not agree on everything to be put in the modification, we would be ordered to mediation (so says my atty). He said he would not go.
If he refuses to go to mediation, will the modification go before a judge? Or will he be ordered to attend mediation?
Will the fact that we have already been deviating from the CO work against us in any way?
The only thing we do not agree on for the modification is money. Can I get the modification for custody schedule separately (with us in agreement) and request a second modification for the child support piece?
(I apologize for so many questions coming at you in one posting.)
My separation agreement (signed 2/2009) detailed both a 70/30 split (in my favor because at the time we signed it, ex didn't have the ability to do 50/50) AND a 50/50 schedule to be implemented once ex was able to do it.
Ex and I began using the 50/50 schedule in 9/2009. The schedule itself was very hard on children, and so we modified it to be a week on/week off (MUCH better for kids)
In 3/2010, the separation agreement was rolled into the decree of absolute divorce granted to me by summary judgement.
Because ex an I have been by turns agreeable and antagonistic, I would like to have the schedule we are actually using be entered as a modification to the CO. (Just in case he gets mean again- he has in the past) I told him I would file the modification- but that if we did not agree on everything to be put in the modification, we would be ordered to mediation (so says my atty). He said he would not go.
If he refuses to go to mediation, will the modification go before a judge? Or will he be ordered to attend mediation?
Will the fact that we have already been deviating from the CO work against us in any way?
The only thing we do not agree on for the modification is money. Can I get the modification for custody schedule separately (with us in agreement) and request a second modification for the child support piece?
(I apologize for so many questions coming at you in one posting.)