Violation of SA


#1

My ex and I have a separation agreement that states he is to have the kids everyother weekend and one weekday per week. Since 3 months after signing he has been living overseas for work. This has been for 3 years. He sees the kids only during track out, approx every 3 months for one to two weeks. He has just signed to extend his contract in Europe for another year. Since he is total violation of the separation agreement what are my legal options? My child support was based on him having the kids a 30/70 split. Obviously this is not the current ratio. I have had to find jobs that will only work with a schedule of having kids every day and not able to do overtime etc. I also have to take vacation days off work when kids sick etc.

What leagally can i do about this? He has a substancial pay raise since working in Europe. Whereas my child support has not changed yet my time caring for the kids has increased.


#2

You need to either execute a modification of the agreement or file for custody to have a judge enter an order that accurately reflects the custodial schedule in place. Same goes for the child support calculations.