Don't know what to do, Please HELP!

[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.

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.  What should I do!

[StPaulieGirl]

What should you do?  Take time to show your baby boy the magic of Christmas. After the New Year, go after your ex tooth and nail.  Seriously, kick her greedy butt!

I don't have any idea how to see your little girl for Christmas.  If the mother had a heart, she would work with you.  I'm sorry.  

PS: Congratualations on the healthy recovery of your baby :-)

[JAFO]

Wally, I think she goofed it up first, but then you did too.

I can understand that your newborn has been through a really tough time, but I will bet that your EX really doesn't CARE and in a lot of senses, neither do the courts.

You say that you've always paid CS and that's good.

She goofed it up when she denied you time with your child and connected it to WANTING more CS.

You say in Oct you agreed to a settlement.

THEN you say that YOU changed your mind and added two items.  It doesn't matter if they are justified or not, the point is that YOU changed your mind and added conditions to the agreement that was already settled.

What does your attorney say is the hold up?

The only thing that I can honestly think of is to withdraw what you added and then PRAY that she signs the order.  

She's a schmuck for doing what she's doing 100% of the way, don't get me wrong.  But you have an attorney, ask HIM/HER what the hold up is.  

[wallyworld85]

The thing is I we never really agreed to all the technical language of the agreement.  IE:  I agreed to 210 cs a month 60 for daycare and the visitation she agreed to.

THen when I get the agreement (my lawyer said both him and the other attorney revised it numerous times) i find a bunch of bull crap added (like her  adding the defaulting child support agreement stip) and them dating the child support back to OCT 1 instead of when it is signed (I said if no retro in cs I would forgive the amount she owes me in 1/2 of all uninsured medical bills (she has never paid).  

So really it is more like an agreement that OUR LAWYERS are drawing up.  It sucks I know.