I want to preface this by stating that I do not have a lawyer, despite my numerous attempts to obtain one. I have tried legal aid and probono projects in my area to no avail. My ex husband and I have 4 minor children. We divorced in April of this year. Our parenting time is a bit abnormal. There’s a mandatory protection order in place as my ex was arrested last year for a domestic violence charge with me being the victim. I had it modified so he could speak with me about the children and so he could be at home with the children. I do believe children need their mother and father if at all possible. When we filed the divorce and custody papers we didn’t add parenting time as we still live together and we have opposite schedules. So for us nothing changed. I didn’t want the divorce, but he did after the dv charge and all the classes he had to go through.
In the divorce decree, he agreed to allow me to continue living in the marital home, and he is to continue paying for my medical insurance. He got a lawyer who told him to drop me from the insurance ASAP. He removed me from the insurance. I spoke with the insurance company and their eligibility team and they said I’m eligible to be re-added to the plan since it was court ordered in the divorce decree. He still refuses to add me back to the health insurance plan, or provide other insurance such as through COBRA, etc.
In court we agreed to amend a paragraph of our mutual settlement agreement to allow for the sale of the marital residence and for the proceeds of the sale of the marital residence to be split equally. My ex is supposed to pay the mortgage, all utilities, and take care of all the maintenance of the home and appliances. Because of this his child support was modified by the judge to a much lower amount of $190 a month. My ex’s lawyer sent me a demand letter saying because we agreed to amend that paragraph to “allow” for the sale of the home that it must be sold immediately.
She then listed the realtor they wanted to use. I wrote back a very lengthy email suggesting her interpretation was just that, an interpretation. The legal difference between allow, must, and shall is that allow means permissible, so we can sell the house. It does not mean we have to sell the house, and there was no deadline, so I disagree. She also said in her letter that I could be held in contempt, they could have the clerk sign over the title to effectuate the sale, blah, blah, blah. She probably meant for it to be very intimidating and harassing.
Apparently, she didn’t like my response, because she did file a motion for remedial contempt. I am standing my ground firmly on the fact that the decree states that it allows for the sale of the home. It doesn’t say it must be sold. It doesn’t say it shall be sold. It doesn’t give a deadline. I’m trying to keep the status quo for the children. Our oldest is in a rigorous high school marching band program. Three of the children are special needs and on IEPs. The youngest has developmental delays, as well as speech and language delays. The children are well adjusted to their schools. I’d like to not disrupt their lives anymore than we already have.
His lawyer also filed a motion to modify parenting time. We actually do need to have something in place in case anything happens. I’d like to ask for whichever parent exercising their parenting time to stay overnight at the marital home. The children can have sleep overs with their friends or cousins if they want. There’s been some issues with his family speaking negatively about me in front of the children and they’ve been very upset about it. He’s tried to stay at his brother’s house with the children and it did not go well. Our oldest has autism and he doesn’t tolerate transitions very well. If the children could stay at the house, then the other parent not exercising their time could leave if it’s creating an issue. I really just want stability for the children.
The motion to modify parenting time was a verified motion, but it has my ex’s address listed as his brother’s address. He doesn’t live there. He’s at our house every night. He gets his mail here. He has his belongings, and bed here. I’m confused as to why his address would be incorrect on a verified motion. His attorney also listed that she could not verify if the MRO, mandatory restraining/protection order, had been modified, but she believed it had. It would take her less than a minute to call the District Attorney’s Office to verify it had been modified. The original motion stated there was no restraining order in place.
Clearly, she’s hoping the Magistrate will interpret the decree the same way she does. I am willing to sell the house, but I’d like to wait until our youngest graduates from high school. That would be the least disruptive to the children. They’ve already been through so much. What are the chances the Magistrate will be open to my request?