satxdad
recently joined
Reged: 03/06/13
Posts: 2
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I am the custodial parent of two children (16 and 13) and have been divorced for right at 3 years now. My EX was pregnant with another mans child at the time of my divorce and I have done a pretty good job of handling that up to this point. At any rate, this is my situation and questions that I would like to ask. As per my divorce decree she was supposed to pay me $300 per month child support, pay for the kids health insurance and she received 1st 3rd and 5th weekend visitation along with an added monday. She moved in with the baby's father to a town about 30 miles away and I purchased a home within walking distance of the kids school. Due to the fact that she asked her attorney at the time of our divorce about getting the waiting period to remarry waived I assumed they were married. She paid the first two months of CS and that was it. About six to 8 months after our divorce I verbaly agreed to a week to week schedule with the kids with her. I was told that his house was for sale and they had plans to move closer to the kids school. So, I thought that I was making things easier on the kids so I went forward. At that point I took her to court for unpaid cs and i agreed to a reduced payment from her and basically terminated any further child support. Well due to the economy and the large value of his house, it has taken three years to sell. During this period, I have had the kids more often than not more days per week than she has. I recently found out that they are NOT married, his house sold, and he is leaving her. She told me that her plans are to move in with a friend (that is currently sepparated from her husband) closer to me until she decides what she is going to do. I must say here that due to a trust that her father left her, she has the ability to purchase a house with cash if she wanted to. Anyway, I refused to allow our kids to be subjected to any of that and said that I am demanding that the kids stay with me until things get somewhat lined out on her end. She has somewhat agreed with that. To add insult to injury, I purchased a vehicle for our son (that we discussed beforehand) and she has not paid me half of it. I also carry insurance as well as pay for gas. So, here are my questions,,,,,
Can I enforce my decree stated 1st 3rd and 5th weekend?
Can I have CS reinstated?
We live in Texas
Thanks in advance for any help!!!
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c_jane
Pooh-Bah
Reged: 04/06/07
Posts: 1759
Loc: In the Great State of Texas
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My understanding is you never went to court about changing the visitation, only the CS. Therefore the previous order of 1st, 3rd, 5th weekend and any added visitation are still in effect.
Just tell her you're now going to go by the original custody order.
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John Constantine: God's a kid with an ant farm.... He's not planning anything.
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