Cohabitating with ex wife & Back Child support

[onehit1]

In 2004 we divorced & in my settlement agreement I agreed to pay 500 a mnth for CS , A yr & a half later we got back together & I moved in with her & my children, we mutually agreed I didnt need to pay CS anymore since we were together,, now as of 2 weeks ago she moved out & is threatining to take me to court for back CS from the time we lived together ,, Is it possible for her to get it ? , I live in Forida & any advice would be great . Thank you in advance

[ocean]

Technically. yes. A court order is a court order. Get evidence together that she lived in the house with you for that period of time. Did you share checking accounts?
You need to get to court and redo the court order to be in effect starting XXX date. Did she move out without kids?

[onehit1]

no didnt share Checking accounts ,  she has primary custody ,, & yes she left kids but now she is threating me to have restrainin order placed to get me out , see we have verbal agreement with landlord who is good friend of mine ,long story short she is an acoholic , or well she was up until a week ago, she said she quit ,,she drove kids to school drunk a bunch of times & my 9 & 12 yr old girls would call me to tell me she was drunk takin them to school.. dont have the $$$ to get lawyer so I guess Im screwed..

[ocean]

You can file yourself in family court. File for a modification of child support since you were together the last year and to make a new order with new numbers according to what you are making now. You can also petition for visitation at the same time.
See if landlord will put the house in your name only? Can you afford it on your own? Tell the kids the next time she does that they need to tell their teacher at school. The school HAS to call it in to police by law. I might even call the school and say that the kids just told you this and can someone talk to them...

[onehit1]

we were back together the last 3 yrs ..landlord will np,  I have the kids as of right now ,  & yesterday she took youngest to beach & bought her a bunch of stuff, buyin her love ,, the oldest remembers when she left her the first time ,this is second time she walked out on them ,  & doesnt really want to see or talk to her.. isnt oldest old enough to speak her mind ?to judge etc as to what she wants, she is 12

[ocean]

Oh kids are with you?
Go to family court tomorrow morning and file yourself..emergency temporary custody (mother left home, kids want to stay, and write reasonable visitation with mother). You can get this in one day. Say kids want to stay with you, mom doesnt didnt take them, and you want them to finish school and not have mother pull kids out of school to move.
Then you will be in and our of court for the next year...getting a plan in place and child support. Once she has kids (or takes them under the old orders) you cant do anything so now is the time to get your orders in place so she cant take them.

[GADAD2004]

OK,
WOW, I just went to medation and was told you have a much better case when: A. Mom is on Drugs, B. Mom is a drunk C. Mom has a DUI D. Mom has put the kids in harms way.  I think you have at least 2 of these.  I would find a lawyer and go for the free talk session.  I know times are tough, they are for me too, but I sold as much stuff as I could to get the money to fight my ex.  Do what is right for the kids, they don't need to be in danger any longer.  Maybe talk to someone at the court house and get a legal aid, I hear they are very inexpensive.
GOOD LUCK!