My separation agreement (signed 2/2009) detailed both a 70/30 split (in my favor because at the time we signed it, ex didn’t have the ability to do 50/50) AND a 50/50 schedule to be implemented once ex was able to do it. Both included a weekly schedule.
Ex and I began using the 50/50 schedule in 9/2009. The schedule itself was very hard on children, and so we modified it unofficially, on our own, to be a different weekly schedule than what is in the agreement. But we never documented this with a modification to the agreement.
In 3/2010, the separation agreement was rolled into the decree of absolute divorce granted to me by summary judgement.
Because ex an I have been by turns agreeable and antagonistic, I would like to have the schedule we are actually using be entered as a modification to the document. (Just in case he gets mean again- he has in the past) I told him I would file the modification- but he now refuses to look at paperwork. He said he would not go to mediation with me, either.
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If he refuses to go to mediation, will the modification go before a judge? Or will he be ordered to attend mediation?
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Will the fact that we have already been deviating from the documented schedule work against us in any way?
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Is there a way for me to request he HAVE to attend mediation, or sit down to discuss this in some way?
Thank you.