Voicemail messages

[butterfly82297]

I have no idea how to use these forums... My ex is trying to take my daughter this christmas vacation even though the divorce decree says it is my time. He left several messages on my voicemail threatening that if I didnt let him have her that he would go back to court and have the support recalculated and that he was still coming to get her and that I had to "deal with it" what can I do? I really dont have money to get an attorney right now to fight all this. Any advice would be greatly appreciated. Thanks for your time :)

[Jade]

>I have no idea how to use these forums... My ex is trying to
>take my daughter this christmas vacation even though the
>divorce decree says it is my time. He left several messages on
>my voicemail threatening that if I didnt let him have her that
>he would go back to court and have the support recalculated
>and that he was still coming to get her and that I had to
>"deal with it" what can I do? I really dont have money to get
>an attorney right now to fight all this. Any advice would be
>greatly appreciated. Thanks for your time :)

Save the messages.  They are proof of extortion.  And calmly tell him that he is more than welcome to file for modification of child support.  I would also calmly point out that it may mean he ends up paying more.  But if he wants to take that chance, that is up to him.  The court order states that this is your Christmas with your daughter and you are not going to alter that.  And if he does show up and pick her up from school or daycare, call the police (have a copy of your court order handy) and file kidnapping charges.  The charges probably won't stick, but you will have documentation for when you file contempt of court charges and ask for supervised visits due to his erratic behavior.  Good luck.  

[gabes_mom]

what does the court order state exactly?  If it says that this Christmas vacation is to be spent with you than your ex has no leg to stand on in court or outside of it.  The court order will be what is enforced.  He can however take you to court for a change in custody any time he decides to do so but the judge has to always look at what is in the best interest of the child and he'd also have to prove that there was a change in circumstances that would make it in the best interest of your child to be relocated to his home.  Same goes for child support.  He has to prove there was a change in circumstances to have it recalculated.  Of course ever state differs.