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countryhrt7 · Jun 5, 2010, 05:31 PM

I am hoping someone can help me. I lived in CT with my two children for the past 14 yrs. I divorced my ex 5 yrs ago. On August 6, 2009 he filed a motion for sole custody because I wanted to move to MA. To live with my new husband ( I got married the next day and yes he served me on purpose the day before). For the next 7 months he fought me in court bringing me up on contempt and anything else he could think of. During this time he saw his children twice. I finally gave in to his demands to lower child support and give up all tax benefits so that I could move. I moved to MA in March and the children still haven't seen their father. His claim to need lower child support so he could afford to come see his children was obviously a lie. I am wondering what my chances are of changing jurisdiction and possibly getting my child support/tax benefit back.

I never even got a stamped order from the court, the last thing I got was the day of court that we all signed.

The last paragraph says: The foregoing resolves all outstanding motions filed in this matter as of the date of this agreement. To the extent any motion is not specifically addressed herein, it is nonetheless deemed marked off with prejudice. (What does that mean?)

Thank you to anyone who might be able to answers my questions.

Fr_Chuck · Jun 5, 2010, 05:35 PM

As long as he lives and remains in CT, that court will be the court of jurisdiction

countryhrt7 · Jun 6, 2010, 10:53 AM

Ok thank you. I was just curious because at one point his lawyer wanted it in writing that jurisdiction would stay in ct but that never happened.

One more question. What if I can prove lack of relationship between him and the kids. It's been almost one year with only 2 visits and one of those visits he lied to the children regarding his intent.

Thank you

Fr_Chuck · Jun 6, 2010, 10:59 AM

Your statements, he would have to then prove he did more. Travel logs, gas reciepts showing travel to your area or more.

Also lower child support normally is not a "deal" beyond that where it is higher than state requirements. Not up on your exact state, but in most the support is based on a forumla that the state uses based on his income that he is required to provide.

countryhrt7 · Jun 6, 2010, 11:10 AM

Well seeing as he has not once come to get them, the entire basis if his lowering child support and taking away my tax credit. He saw them once during the court proceedings to lie to them about dropping the case and letting them move. Only other time was when I brought them to ct and asked if they wanted to see him. He took them to dinner for an hour.

Child support was lowered cosiderably below guidelines only because I was sick of fighting him and wanted the hurt to end for my kids so I agreed.

Fr_Chuck · Jun 6, 2010, 11:30 AM

Yes, he could have stopped you from moving most likely at the time, but payments below guidelines are normally not accepted by the courts.

Did you ever get a final copy that was approved by the courts ? That would be the first thing ? Did you have an attorney at the time

countryhrt7 · Jun 7, 2010, 08:25 PM

I never got a final copy from the courts. The only reason the court accepted it was because I said fine. There was a GAL for the kids and we both had attorneys. Financially he broke me and I owe my attorney close to $8000 still not to mention the money I borrowed from my dad. So it angers me to no end that he still has yet to see his children and I am having to struggle because he lowered child support etc. . I was hoping to get jurisdiction moved to MA so that when I file any papers to get raise child support back I could do so with incurring the expense of having to travel back to CT. I live on an island so it's not just gas.. I have to pay for the boat over and cost of rental car etc.

I am also disabled, wondering if that would help my case as far as moving jurisdiction because physically the travel is harmful to me.