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Family Law Questions

How can I get the custody order changed?

For the past 6years I have been sharing custody of my now 8 year old daughter with my ex we having her a week and a week but i fell on hard times and i wad forced to moved to a different county and the week and week doesn’t work for me anymore. Plus the order says we can not take her out of the county from which we both lived. So i have not been going to the meeting area to pick up my daughter and my ex isn’t agreeing to set up another day or time so i can see my Daughter so i havnt seen her in mouths. What can i do about this. The courts is now charging us to do a mediation but i can’t pay for that. The only thing i can think of is do file a contempt but will it back fire on me becausei know he has reports from the sheriff for me not showing up.

Jeffrey’s answer: You need to go to mediation, so figure out how to pay for it or go file at the clerk’s office claiming indigency, or the inability to pay your court fees. They may offer you a payment plan. If you don’t come up with a new timesharing schedule at mediation, you will eventually get a hearing before your judge to request a new schedule.

Can petitioner of restraining order contact respondent?

My son’s mother filed a tro against me and since the injunction she has emailed me several times and even gave a letter to my son’s teacher for her to give to me. Every time I receive an email from her, she is always asking me to respond to her questions,which of course I never do. She even showed up at “MY” uncles funeral. I feel like she’s trying to bait me into contacting her and putting at risk of being arrested. Is there any course of action I can take with the courts. I kept all emails and the letter she wrote to me.

Jeffrey’s answer: ou can file to have the injunction dismissed as she is demonstrating that she is not in reasonable fear of harm if she is trying to contact you. Alternatively, you can ask for the injunction to be modified so that emailing her back would not be prohibited.

I owed arrears on my child support. I pay the arrears with my current child support order.

Can the IRS take my income tax return? Even though the arrears are being paid in the current order? If the arrears are taken will they automatically adjust my child support order?

Jeffrey’s answer: Yes, your tax refund can be intercepted. Your order will not be modified, but your account will be updated to reflect the funds being applied toward your arrearages.