Hello,
I have a huge problem on my hands but before I go into that , please let me back up some. Nine years ago my ex husband and I got a divorce. I agreed at the time that we have joint custody but for him to be managing conservator. He told me at the time if I would not take it to trial that He would keep full coverage health insurance(at his cost).There would not be a order for me to pay child support since I have never worked and I have Cerebral Palsy.It was also agreed that we share custody(we would have the children with equal time). It was also agreed that he stay living in Leon County he said that he wanted the children to graduate from the same high school as he did.Well after the papers was signed and I got home it was read to me that the papers said he only had to live in leon county for one year.When the one year was up he sent me a certified letter saying he was moving from Leon county to Palestine (Anderson county). Well since I can not drive due to my disability my current husband has been doing all the drive for the past nine years(my current husband is also disabled from a back injury and is recieving SSI). Also for the past eight years the distance has been 90 miles round trip on friday to get them and another 90 miles monday morning to return them(we take them straight to school on monday morning). Well in 2001 I started recieving SSI as well. Our total income is 904.00 monthly(my husband gets $452.00 and I get $452.00) Well for the last three or four years now my ex husband has put my three sons (now ages 14, 12, and 11) into football and band so that it would interfer with the time that I get them. I have refused to allow him to take away the 4 to 6 days(mostly 4 days) a month that I get my children. So When it was my time to get them I would go get them regardless if it caused them to miss a game or marching in the band.Since they have moved 45 miles away I am only getting them 1st 3rd and 5th fridays of the month because I cant afford the gas money to get them more then that. Well we found out that my current husband as Liver Disease and is now on the transplant list, then in July my Daddy died at 55 years old.My ex husband gets the children for 8 days at the beginning of summer, then for Fathers Day weekend, then for 8 days before school starts(all the rest of the summer I get them). Well at the beginning of the school year my oldest son who is in the ninth grade decided he didnt want to play football but wanted to stay in the marching band. Well since he is earning credits now, I talked to my ex husband and told him I didnt have a problem with my son marching in the school band but I simply cant afford to drive 45 miles to pick up the other children drive 45 miles home then wait 5 or 6 hours and drive 45 miles back to pick up my oldest and drive 45 miles back home and I am simply to ill to attend and watch him march and he would have to bring him to me on friday nights after the game. He said he would bring my oldest son to me during the marching season.I told my ex husband about my current husbands health problems and ask him if he would continue to bring the children to me after marching season is over and he said he would not.
On September 11th, 2006( my youngest sons 11th birthday) He had me served with papers (which was a total shock to me) saying he was taking me to court to have the case moved to Anderson county, asking for my time to be reduced because I am failing to allow my children to particapate in extracurricular activities (if he wouldnt have moved the children 45 miles away we wouldnt have this problem because the school they would be going to is 3 miles from here). He is also asking for 1/2 health care on children and child support. Well I contacted legal aid and they said that they couldnt help me because they dont have the funds to help.With no money, no one to turn to for help, I just dont know what to do or or where to turn. I have been told that because I am not a criminal , the judge isnt going to appoint me an attorney and by going into court without a lawyer that the judge is only going to address my ex husband issues and the judge will not hear anything from me.. I called SSI and they said that my checks are what they call a welfare program check and that they cant be garnished for child support but my main concern is that the court will take the only 4 days a month I have with my children away. I would really like to raise my own issues, like to ask if there is any way that my ex husband can be ordered to help out with the driving and that any of my time lost due to extracurricular activities be given back to me during his summer visitation. I also want primary custody of my 2 younger boys who are 12 and 11 years old.My questions to you is since my current husband is in bad health and I am unable to drive , is there anyway the judge could order my ex to help out with the driving even though we dont live 100 miles apart? I was also wondering if there was any direction you can point me to any help on all this or is there any advice that you can give me as to what to expect and what to say when I go to court? I am so confused and stressed!!! Any help on this would be greatly appreciated! Thank you so very much for your time. Sorry for the long post
I have a huge problem on my hands but before I go into that , please let me back up some. Nine years ago my ex husband and I got a divorce. I agreed at the time that we have joint custody but for him to be managing conservator. He told me at the time if I would not take it to trial that He would keep full coverage health insurance(at his cost).There would not be a order for me to pay child support since I have never worked and I have Cerebral Palsy.It was also agreed that we share custody(we would have the children with equal time). It was also agreed that he stay living in Leon County he said that he wanted the children to graduate from the same high school as he did.Well after the papers was signed and I got home it was read to me that the papers said he only had to live in leon county for one year.When the one year was up he sent me a certified letter saying he was moving from Leon county to Palestine (Anderson county). Well since I can not drive due to my disability my current husband has been doing all the drive for the past nine years(my current husband is also disabled from a back injury and is recieving SSI). Also for the past eight years the distance has been 90 miles round trip on friday to get them and another 90 miles monday morning to return them(we take them straight to school on monday morning). Well in 2001 I started recieving SSI as well. Our total income is 904.00 monthly(my husband gets $452.00 and I get $452.00) Well for the last three or four years now my ex husband has put my three sons (now ages 14, 12, and 11) into football and band so that it would interfer with the time that I get them. I have refused to allow him to take away the 4 to 6 days(mostly 4 days) a month that I get my children. So When it was my time to get them I would go get them regardless if it caused them to miss a game or marching in the band.Since they have moved 45 miles away I am only getting them 1st 3rd and 5th fridays of the month because I cant afford the gas money to get them more then that. Well we found out that my current husband as Liver Disease and is now on the transplant list, then in July my Daddy died at 55 years old.My ex husband gets the children for 8 days at the beginning of summer, then for Fathers Day weekend, then for 8 days before school starts(all the rest of the summer I get them). Well at the beginning of the school year my oldest son who is in the ninth grade decided he didnt want to play football but wanted to stay in the marching band. Well since he is earning credits now, I talked to my ex husband and told him I didnt have a problem with my son marching in the school band but I simply cant afford to drive 45 miles to pick up the other children drive 45 miles home then wait 5 or 6 hours and drive 45 miles back to pick up my oldest and drive 45 miles back home and I am simply to ill to attend and watch him march and he would have to bring him to me on friday nights after the game. He said he would bring my oldest son to me during the marching season.I told my ex husband about my current husbands health problems and ask him if he would continue to bring the children to me after marching season is over and he said he would not.
On September 11th, 2006( my youngest sons 11th birthday) He had me served with papers (which was a total shock to me) saying he was taking me to court to have the case moved to Anderson county, asking for my time to be reduced because I am failing to allow my children to particapate in extracurricular activities (if he wouldnt have moved the children 45 miles away we wouldnt have this problem because the school they would be going to is 3 miles from here). He is also asking for 1/2 health care on children and child support. Well I contacted legal aid and they said that they couldnt help me because they dont have the funds to help.With no money, no one to turn to for help, I just dont know what to do or or where to turn. I have been told that because I am not a criminal , the judge isnt going to appoint me an attorney and by going into court without a lawyer that the judge is only going to address my ex husband issues and the judge will not hear anything from me.. I called SSI and they said that my checks are what they call a welfare program check and that they cant be garnished for child support but my main concern is that the court will take the only 4 days a month I have with my children away. I would really like to raise my own issues, like to ask if there is any way that my ex husband can be ordered to help out with the driving and that any of my time lost due to extracurricular activities be given back to me during his summer visitation. I also want primary custody of my 2 younger boys who are 12 and 11 years old.My questions to you is since my current husband is in bad health and I am unable to drive , is there anyway the judge could order my ex to help out with the driving even though we dont live 100 miles apart? I was also wondering if there was any direction you can point me to any help on all this or is there any advice that you can give me as to what to expect and what to say when I go to court? I am so confused and stressed!!! Any help on this would be greatly appreciated! Thank you so very much for your time. Sorry for the long post