Need help with a mod, what do you do when you are off of work?

[whippertizzy]

Maybe I am google impaired but I am just not finding a good answer to this.

My Husband is off on medical leave, and looks like he will be for a while.(for all I know he may never be able to work again)  I know that he needs to file a modification, I think anyway.  His ex-wife is using this as a reason to withhold visitation(issues for another board), and is refusing to let the children talk to him until he comes up with some cash. Now I already know this isn't right. My question really is, can we do this without a lawyer? It would just so happen I am on unpaid medical leave too, even though mine is not as serious and has a definite time limit(pregnancy complications that will hopefully end when the baby is born!)
We couldn't afford a lawyer before, when we were both working much less now.We had been saving up so we could afford the lawyersfees. Our legal aid does not cover family law type things (mods, visitation, stuff like that), and all I can come up with is that we are going to have to file it ourselves. His ex has a lawyer, where she lives legal aid covers stuff like this. Should we wait until we can afford a lawyer? Well I guess we really can't as the arrears would just be piling up. Any advice would be appreciated, I have read all through this site, and others already.  Maybe I am just too tired today to come up with a good plan :(

[ocean]

You can do this yourself. Go to the court house and ask them for the paperwork. They helped us and then you wait for a court date. Bring in the current disablitly checks (or whatever you are getting) and Dr letters and they "should" reduce it. The reduced rate starts when you FILE so go tomorrow. :)

[KAT]

AND while you are there, file a motion to show cause/contempt against her for withholding visitation. They are two seperate issues, she is in violation of the agreement. Both motions can be heard at the same tme. Ask for makeup time with the kids. Do this NOW, do not delay!! The courts will only order a support reduction back to the date of filing (not the time of disability) so the longer he waits, the longer the arrears can build up!!! It's not that hard, there might be some filing fees, but the forms shouldn't take more then a few minutes to complete. TAKE ALL your paperwork with you as the clerk might need to make copies. This includes the last c/s & visitation agreements.
Take care!
KAT

[whippertizzy]

Thanks for the info!  Do courthouses have the paperwork we need? I thought we had to come up with it ourselves.  I am trying to read enough to walk him through this, it's alot to take in at one time!  And this may seem like a dumb question, but it doesn't have to be typed does it? He can just fill in the info with a pen, right?  I wish we could go file it tommorrow, but the courthouse is atleast 3 hours away, and I still have to find a way to come up with the money to file the paperwork.  But We will find a way to do it within the next two weeks!

[VeronicaGia]

>Thanks for the info!  Do courthouses have the paperwork we
>need? I thought we had to come up with it ourselves.  I am
>trying to read enough to walk him through this, it's alot to
>take in at one time!  And this may seem like a dumb question,
>but it doesn't have to be typed does it? He can just fill in
>the info with a pen, right?  I wish we could go file it
>tommorrow, but the courthouse is atleast 3 hours away, and I
>still have to find a way to come up with the money to file the
>paperwork.  But We will find a way to do it within the next
>two weeks!

Do a search for your state's court forms.  For example, if you are in Michigan, go to google and in the search box type "Michigan Court Forms"

Or tell us what state you are in and maybe someone here already has a link.

[whippertizzy]

We are in illinois. I called the courthouse today to ask about it, and I got two different answers on how much filing fee's were. One lady said it was 70 dollars, and another said there was no filing fee. So Tommorrow I will call back and go with whoever answers first LOL