I have been separated from my children’s father since January, 2006. We entered into a SA (prepared by my attorney at the time) in March, 2007 and were divorced in May, 2007. My ex has never upheld his obligations that were outlined in the SA. He will “comply” with pieces at a time - as it is convenient for him - but has never consistently honored this agreement. I have full legal custody - he has a visitation schedule. He does not honor his time commitment to our children - and only took the children on the visitation schedule for about 18 months. The rest of the time, he sees them, again, when it is convenient for him. I have kept a calendar of the visitations he has kept.
As a result of his refusal to be responsible, I have been in the court room on average once a year, spent thousands of dollars on attorney fees (all but a few dollars being awarded back to me), and am continuously stressed. He has never paid a penny toward the attorney fees, owes me thousands in back alimony, and thousands in unpaid CS. In 2013, for our 5 children, he only paid $6500 in CS. He IS employed.
Our agreement states that he is to give me his pay stubs each quarter so that a new CS worksheet can be run. If there is a 10% difference in what he is paying vs. what he should be paying, the amount will change. This arrangement has not always been to my benefit, but since he is in sales, it was the most fair way to make sure that the children were taken care of. I have only seen pay stubs in the court room - or after the judge has ordered him to submit them by “X” date. I have, on multiple occasions, tried to get him to make his CS payments - and to make the payments that he has been ordered to make to pay off some of the debt due to back CS and alimony - and attorney fees.
I am having no luck getting him to comply. Now I am trying to figure out how to get the financial support that my children deserve - and that he is responsible for paying - but I am clearly not in the financial position to pay an attorney to take him back to court.