I have a consent order that was signed in May 2009, and was in negotiations since September of 2008. I agreed to less than 1/2 of the child support to which I was entitled and a custody arrangment that was based upon living in close proximity to my ex… less than 1/2 a mile, and the children are on the same bus route to both houses, just different stops.
I have recently experienced financial hardship, and may be filing for bankruptcy in the upcoming months. I may not be able to afford to stay in my home.
Moreso than wanting to change the amount of money paid monthly , my fear is that if I must move to a different residence, that my ex will try to prevent me from taking the children with me, since any move will almost guarantee a change in elementary schools. I have the children approximately 60% of the time, and our schedule is a 3/2 exchange, which will make school transitions challenging.
So, my question is this… Is it likely that the court would view bankruptcy and relocation within the county as a substantial change in circumstances? Even though the signed consent order is just a few months old?