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I couldn't find my orig post that I did so I'm doing another one.
My x is taking me back to court to modify orig decree or so he says...anyway he is remarried...quit his job (75m/yr)7 moved to where she is. Most of you may have read my other posts on this. Anyway...wants to reduce cs, me pay 1/2 health, me dirve 4 hours on his weekend to have the kids so he can get them and who knows what else. Probably custody...I don't know. Anyway my question is this....I ABSOLUTELY can not afford any attorney!! He has already taken it upon himself to reduce the child support. I'm going to let this ride a few months then file contempt. But if I do get served and can't afford any attorney what will happen???

As I said before, you have nothing to worry about. He has unilaterally decided to reduce child support, thus putting himself in contempt. In Mississippi, we have a “clean hands” doctrine that simply states if you come with unclean hands (contempt is a fine example), in a court of equity (i.e. Chancery), you are not entitled to any relief. I would be surprised if he could even find an attorney that would try such a ridiculous stunt.

I would caution you, however, to find competent representation. You do not want to go to court without an attorney. Anyway, he will be found in contempt and you can only be awarded attorney fees if you have them. If you look hard enough, I’m sure you can find competent counsel that will not charge you the national debt. If you do not know of anyone in your area, I may be able to refer you to someone.

Have you applied with legal aid? If not, that would be a very good option.

He has gone to M. Chinn and of course I got an email from x saying that he would send what he owes for Sept and be paying the 834.00 as stated in 1st decree and also asked me to send him any med, and activity receipts that I have that he needs to pay 1/2 of. So he is cleaning up his mess now basically and getting ready for court.
I have talked with Ed Rainer but I just don't know if I can afford him. My x sold our house we had and made a pretty penny off of that not to mention the reason he blabbed about marrying this lady....MONEY!
If you have some attorney suggestions please feel free...I am in Madison.
4evermom said to apply for legal aid. What is this???

Go to this website and enter your county.
www.MSlegalservices.org

Good luck and maybe this will help.

Well, I see he is cleaning up his act and I would concur that he is doing so to take you to court. His attorney has told him he will not go to court with unclean hands and ask for relief or modification. The attorney he has hired is among the best you will find anywhere in the nation when it comes to divorce and child custody. I believe the last thing you need is a legal services attorney. This is one of those times you will need to find the money from somewhere and hire the very best family law attorney you can. His attorney will not ask for a reduction in child support or for you to bring the children to him, he will go for custody and that you can be assured of.

I could refer you to someone in your county that is just as competent, but I will not put his name on this board. If you want, send me an e-mail or call my office and I will be glad to provide you with this information. I would also add that I would have no financial interest in providing you a referral.

I sent you an email via yahoo.
I would like to add that I don't really think he is seeking custody. He said in an email last week that he wants to make sure that he gets to see the children. He pretty much makes things sound like I never let him see them. When that is sooooo far from the truth. I have emails showing that I have offered for him to get them.
The consultation I had with an atty said that the court looks at....1. Do the children have extended family here? Yes; 2. Our child that has severe ADHD has all of her therapy and Dr's here. 3. They have grown up here and that would be considered...not taking them from their schools. 4. I have been the primary care giver the whole time!!! I done all Dr. visits etc... Before he moved 3 hours away and still living here he never once attended our daughters therapy sessions or Dr. visits with us.
X had these ridiculous papers drawn up and sent to me in July that I guess he thought I was just going to sign cause he wanted me too. Well Nope! So he and his wife got pissed and she emailed me and said since I won't sign she would contact her atty and my child support would be reduced! The nerve of her to threaten me with my child support. I don't know who she thinks she is! But long story short....they both got pissed basically b/c I wouldn't meet them 1/2 on his wknd to get the kids aso they threatened me with court, cs, and whatever else they could think of.

I said he would go for custody because there is nothing else he can ask for. He can’t ask for a reduction in child support because he quit his job. He can’t ask you to bring the children to him or even half way because he moved away. No doubt, you have the upper hand, but if he files for a modification of custody, you need to respond aggressively and you need the very best attorney you can get. Never go to a gunfight with a knife.

Now you mention in your last post that he claims he is not getting to see the children. He could possibly file a contempt motion. However, it sounds like he has a weak case and that you have evidence to the contrary. You have no idea what horror story he is telling his attorney. Just make sure you comply with the terms of the court order and you will be fine. Also, I encourage you to keep a journal of all visits, phone calls, e-mails etc. You may also want to purchase software (like Kidmate) to keep track of his visitation.

Can emails submitted in court????

Sure, it’s even better if they have replied to them.

Do you know of anyone in Madison/Ridgeland area that would be willing to act as a mediator?

I will make a some calls to find you the best one I can.

Ok. I've been email with John Robert White Law firm on Highland Colony in Ridgeland, Ms.

I just can't keep paying $500 just to talk with someone. And someone told me that the lawyer I talked to before that charged me that sounded like he was just in it for the $. I have got to find someone who will be in it for ME and not just the $. I just want to get my orig. decree amended to what I think it should be and then send it to x and he can send back with his changes. I want someone who will just oversee something like that. I don't want to go to court however I'm sure my x would like that all he wants to do is try and get the kids. It's all about $ to him. He just doesn't want to py cs period!

I sent you a PM.

My 13 yr old daughter is wanting to go live with her father who is 3 hours away. She swears it's not because of any certain thing. She says she just wants to go. I have seen tex messages from kids where her father lives saying things to her like..."if you move here the guys will be all over you." I have seen one from the x's wife's son saying..."let's not tell our parent's yet". There's one saying something about a friend of the step brothers moving next door to her dad. I have told her that she is not moving. I also have tried to be very open and have told her that whatever is going on she can tell me. I won't be mad I just want her to be able to talk to me if she needs to talk. But I keep getting the same answer.."it's nothing...I just want to go". I know at this age they all think their school is stupid and they might all go through wanting something different. I know some of her really close friends are going to a different school next year. I asked if going to 9th grade is worrying her. I have thought of everything it might be. She denies all!

My question finally...Can she choose where she wants to live? Will a judge grant her this. Her father tells my husband that he will take me to court if I don't let her.

PLEASE HELP! I CAN'T JUST LET MY CHILD GO!!!

No you can't just let her go, simply because she wants to. I reread some of your earlier posts and it's obvious that both himself and his wife had already attempted to get you to agree to reduce his child support. He chose to marry and move 3 hours to her home? And this daughter is the one you mentioned that has ADHD?

If so, and it comes to it, I think the court will understand this is not a good idea for she under the circumstances and will not give weight to her desire to go live with her father. You're even more right to be alert and concerned at the types of messages she is receiving. A girl, 13, is looking to be popular. Put a child like that with the wrong people and hell will just begin. We just had an email alert in our area for a 13 year girl that went missing this past Monday. She was finally found, she'd run away to an 18 yr old "boyfriend's" who kept her hidden.

Also, what is the family situation there as far as the steps go? You mentioned stepbrother. Are there more steps? Are they all boys?

No...this is not the child with ADHD.

Please see my 1/12/08 post! Can ANYONE give me advice or tell me what can be done

What's going on at this point?

Your daughter cannot just simply decide where she wants to live. You don't have to say yes. She may or may not be have her wishes considered. Your ex needs much more reason to try to change custody, not simply, "my daughter wants to live with me." If the court sees no other valid reason for her to be there, except she just feels like a change, it won't fly.

There is nothing you can do at this point. You can't stop your ex from filing if he wants to try, but if he hasn't don't worry yourself over it.