[JCooksy]

My ex-husband and I have been divorced since 2007 after only being married for about 6 months and in the divorce papers it says that we have to alternate years on who claims my son, and I say my son because he hasn't seen my son since before his 2nd birthday and he is going to be 5 this year. He pays child support in the sense that when he feels like getting a job and working the State places an Income Withholding on his paychecks so the CS payments come out without him getting a choice, the judge ordered the income withholding to be done because he showed that he was not willing to pay it on his own. Is there ANY way that I could get the judge to amend the divorce papers to that he can't claim my son every other year? He has been completely absent from my sons life for about 4 years and I am lucky if he holds a job for a year before he quits or gets himself fired. I just don't want him strolling into my life every other year just looking for a payday and ignoring my son.

[Fr_Chuck]

You will have to take the ex back to court to get the terms of the child custody agreement modified.

Also have you taken him back to court about the late support owed

[JCooksy]

Yes I have taken him to court over the non payments every time he has quit a job or gotten himself fired (because as long as he works the State makes sure the payments are pulled from his checks) and I have a court date again with him coming up in March over the CS. Could I request, at the March court date, the judge to make (or even consider making) the change or will I need to file a separate motion for a hearing to discuss having the custody agreement modified?