Soc I need your help again!

[wallyworld85]

For those of you who dont know my story here is very short blurb:

Ex lives in FL I live in IL.  Divorce (including visitation and custody) and CS granted in IL although ex and daughter NEVER resided in IL (always FL (ex's home state) or VA (Navy stationed with me).

In 2001 divorce granted (IL).  IL did standard every other weekend because I was supossed to move within 30 min. of my daughter in FL.  New job fell though and I was stuck in IL.


In 2001 EX denied visitation AND same months accepted phone visitation other times NO. (daughter was 5)

DEC 2001 I get remarried

In March 2002 ex allowed me to have her for spring break week. (daughter is 5)

In may 2002 ex gave her to me for the entire year due to "not having time for her"

in Aug 2002 I filed for custody due to abuse allegations

In OCT 2002 ex got her back to due my lawyers mistake (daughter lived her for 5 not 6 required months)

In Jan 2003 ex filed for FL to take pending IL issue and to higher cs

IN FEB 2003 my son is born

FEB-NOW new son has tremenous DR debt due to premature birth and flat head syndrome. (yes my son had to wear a helmet and just graduated from it, his head is perfect now!)

May 2003- EX denys summer visitation because child support has NOT been increased (I have NEVER missed a payment but she wants 3x the amount currently paid)

IN OCT 2003 instead of going to court on the 2 we had a stipulated agreement.  CS increases by 70.00 PLUS I pay 60.00 in daycare. (I already hold insurance and pay for all uninsured medical)

In Nov 2003 I had 2 stips added (I am provided within 60 days for childcare bill (as the new agreement states I will pay 60 per month for after school care)  I also added that if she defaults on visitation then the defaulting party pays for all court costs etc.. (she added one like that to the cs agreement)  The visitation stip offers excellent visitation starting this xmas getting the first 1/2 of the holiday break.

DEC 2003 Ex's phone is disconnected and she will not answer her cell phone or hangs up immed. when she hears my voice.  She will not sign the aggreement because of the added stips her lawyer states.

ALso current order states that I have telephone and address at all times to reach my daughter.  I have NOT been able to contact my duaghter since the disconnected phone. Although, I do know my ex's cell phone number is still active, but she will not answer or if she does will hang up.

I am thinking that she is waiting to sign because she messed up and gave me the first 1/2 of xmas not knowing that xmas falls on that holiday.  

1.  Is there anything I can do to ensure I get to see my daughter this xmas.  My current decree states I get her this xmas from 9 AM to 5PM.  Obviosly I cannot do this because i'm in IL with my newborn.

2.  Can she sign after xmas and it be a done deal because I already signed , She will be out nothing because she dated the cs to start OCt 1 and I will be the one out spending time with my daughter yet again.

3.  Is she in contempt for the telephone disconnection (cannot reach my daughter)?

4.  What else can I do.  I havn't seen my daughter in over a year and haven't been able to speak to her for almost a month!

[socrateaser]

>>1.  Is there anything I can do to ensure I get to see my
>daughter this xmas.  My current decree states I get her this
>xmas from 9 AM to 5PM.  Obviosly I cannot do this because i'm
>in IL with my newborn.

File for contempt on the original custody orders and proceed with your original petition for custody mod. Your ex is gonna mess with you forever until you stand up and fight.

>
>2.  Can she sign after xmas and it be a done deal because I
>already signed , She will be out nothing because she dated the
>cs to start OCt 1 and I will be the one out spending time with
>my daughter yet again.

She can sign whenever she wants, unless there is a hearing date set on the matter at which time the court will decide if the parties haven't stipulated.

>
>3.  Is she in contempt for the telephone disconnection (cannot
>reach my daughter)?

I don't know what your original judgment says. If you're ordered to have telephone contact and you can't get it, then she's in contempt unless she can show that it's not willful, i.e., her phone was disconnected through no fault of her own.

>
>4.  What else can I do.  I havn't seen my daughter in over a
>year and haven't been able to speak to her for almost a
>month!

See #1