Can my ex-wife refuse to bring my kids up to me without repercussions if the decree doesn’t address that specifically?

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Can my ex-wife refuse to bring my kids up to me without repercussions if the decree doesn’t address that specifically?

I have been paying child support since the divorce, which was over 10 years ago. I have been unemployed for about 18 months ago, and have just recently not been able to pay child support (the last 2 months). She has remarried and lives in one city and I live in another. We had verbally agreed upon her bringing the kids up to me on Friday on my scheduled weekend with my kids, and for me to bring them back on Sunday. It’s not stated in the decree as to how I would see the kids, but she now states that she won’t spend her money to drive them up here.

Asked on February 10, 2012 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so here is my real worry here: that you have not paid child support for the last two months.  And although I can understand and sympathize with you on the meeting half way issue, if you brought that up in court at this point it might fall on deaf ears.  So what you need to do is this: you need to go to court to modify the support agreement based upon a change in circumstances.  Now.  You have lost your job and you need to make sure th court is aware of it.  At the same time ask the court to clarify the exchange and make a proposal much like the one you had thought was agreed upon. Good luck. 


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