Registered: 1512415729 Posts: 1
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This one is a tricky situation. Ex-wife was supposed to have physical care of our daughter. She was granted this on July 1, 2016. Our 16yr old daughter refused to go back to her mother's because of her alcoholism. My Ex took me back to court for contempt in October. I was ordered to transfer custody back to her on October 30th, 2016. That night we showed up for the custody exchange, my Ex assaulted our daughter and then drove off where she was then arrested for a DUI. She blew a .190. She was then charged with assault/abuse of a minor which then initiated a no contact order. During this period I had an attorney who refused to push things with the judge because of the Good Ole Boy system, she even so much as refused to object to things that were obvious here say and relevancy. She absolutely refused to cross the judge because she had court with him next session is what she eluded to. We fired her shortly there after. My fiance and I decided we would do it Pro Se. She is very knowledgeable about the law but not a lawyer and not up on everything. She filed a Petition for Modification in March, 2017. The judge was not assigned until May 2017. During the time from October 2016 to May 2017, my Ex did not have any contact with our daughter due to the no contact order which she refused to do the things the judge over that case had requested in order for the no contact order to be dropped, i.e. 24/7 program, SCRAM bracelet, etc. My daughter lived with my fiance and myself during this time until we could place her in a treatment facility. Long story short, she began having significant mental and emotional outbursts as well as drug and alcohol problems.
Our case was finally heard on November 15th. We won physical custody, huge win!! But the judge is stating that since we did not file a separate motion for adjustment of child support when we filed the original petition that he cannot negate child support retroactively. He's not even willing to retroactive for 3 months. So now it's looking like I am going to have to pay her for a full year of child support that our daughter was not even in her custody. I refuse to believe that there is nothing that can be done. I refuse to believe that this wretched woman will get money that never went to the support of my daughter. Over 8k of money that my daughter's needs will ever benefit from. I need some guidance. I do not have the money to hire an attorney to fight this but I know there has to be something that has to happen. I will do whatever I need to do, I just need some guidance on what direction I need to go. Thank you in advance!!! __________________ Daniel G Rodasky
Registered: 1508740435 Posts: 50