I am considering giving primary custody of my kids to my ex husband. The reasoning behind this is he only has them on the weekends during winter and week on week off during summer he pays only $300 a month for 3 kids who are two 7 yr old and a 5 yr old. He does not pay day care cost nor medical cost and every year he claims one kid and every other year 2 kids and I just recently lost my job and I realized in my divorce papers it states the child support cannot be changed (never realized that was in there until now). I have them a majority of the time but yet I am getting really screwed financially right now with everything. He does not want to take primary custody of the kids I have not a clue what to do to get my parenting plan changed or get him to take primary custody.

I have never hears of divorce decree that didn't allow support to be reviewed if there is a change of circumstances. What exactly does it say? ANY question on law needs to include your general locale as laws vary by area.

Since you have lost your job, you should be able to go back to court for a modification.

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Originally Posted by ScottGem

I have never hears of divorce decree that didn't allow support to be reviewed if there is a change of circumstances. What exactly does it say? ANY question on law needs to include your general locale as laws vary by area.

Since you have lost your job, you should be able to go back to court for a modification.

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I agree. That clause would probably not be enforceable as being against public policy and specifically as a violation of the child support formula in effect in OP's state.

I live in WA state. I don't know exactly what it says I had to reorder my papers. According to my ex he had stated that the papers say the 300 is finalized as the amount. I do know for a fact that when we where doing the child support section of the divorce he did quiet his good paying job to take on a minimum paying part time job. So the amount the courts asked for was less then the 300 we agreed on so it was between 125 a month for 3 kids or 300 that we agreed upon. He now has his good paying job back and he has a second job as well.

Sounds like fraud. If you can prove that he has the same job as before the divorce the court may view it the same way I do. Then could order, not only a modification, but that the award be changed retroactively to make up for the fraud.

And why would you believe that he is telling you the truth about the divorce.

Get yourself a good lawyer and take him to cleaners.

Yes 300 was final ( maybe) at the time based on incomes at that time. So you file and take it back to court for more child support, even if it is in there, I doubt it will hold up to an appeal and a new motion.