How can I get child support? 1 Answers as of July 13, 2011

My ex and I share custudy of 3 children. I do not recieve child support because it was 50/50 custudy, and to my knowledge he no longer has a job lost it a few weeks ago. I does not take them for this two weeks a month and never has in the last two years. they are in my school district even though court paperwork says they are supposed to be in his. My current husband pays their insurance that my ex is ordered to pay. He has a problom with drinking and has become very unstable and thou I would like to believe he would not hurt the kids He has made it very clear he want to hurt me. I used to allow him to come to my home because he would not take them for his week and I wanted the kids to see there dad. I stopped letting him come over because I dont want him in my life because he is just drunk all the time....He has make no effort to see kids I have told him that his sister would take them to him if he wanted his weeks but he does not truth is he does not want to see kids he just want to stay part of my life. Do I have to go though mediation because that is what our order says or can I just filed for modifcation I dont want to have to talk to him I am scared. I want my kids to have their dad but I can not forse him to take them and if he is never going to take them how can I get child support to help raise them if he does not have a job at the moment.

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Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
It sounds like you have two separate issues - modification of child support and modification of parenting time. Although these issues can be addressed together, if your orders require you to mediate prior to a modification, then you will have to take that step. A child support modification can be filed on its own (based on the actual parenting time vs. the ordered parenting time), but if you are seeking to modify the court order regarding his parenting time, then the issues may need to be consolidated anyway. I recommend you speak with an attorney to discuss your options and determine your best course of action.
Answer Applies to: Arizona
Replied: 7/13/2011
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