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I have filed for divorce in Florida in February 2009. As soon as I filed we were granted a Pretrial order stating we has rotating custody. I started paying $300 a month in child support April 1st of 2009. I have been to child support numerous times with a copy of that order and they will not accept it. Why is this? It's from the judge stating the custody we have but they will not redo our child support. I have my daughter 2 weeks out of the month. Also I recieved a letter today stating that she filed a couter complaint something or nother stating that she requested temporary ownership of the property and wanted them to drop our custody to me just having every other weekend visitation. What is this and how can I stop it? I do not have a laywer, but she hired one. I don't know what to do. Thanks for any help you guys (gals) have to offer.

"What is this and how can I stop it? I do not have a laywer, but she hired one. I don't know what to do."

You really need a lawyer, especially when she has one. If you don't, I bet you will be back here with more complaints. Good luck.

Well that's the problem. She got a loan (which the pre-trial order stated she couldn't do) and hired a lawyer. I don't have the $3500 they wanted to hire the attorney. Am I basically screwed?

The same thing happened to me. My husband went out and got a cutthroat attorney. Borrowed against his 401k which he was told not to do (we had already been in divorce proceedings but he fired first attorney). I had no way of getting money for the $2500 retainer needed, not attorney would take me on without this. It was awful. My sister finally came up with the money for me. Do whatever you must do to get the money. I know you feel beaten before you can even get started. Beleive me, the court will not look favorably on her for taking out a loan. Call everyone you know. You cannot fight this without a attorney.

You need an attorney immediately. Your ex and her attorney are attempting to take your 1/2 time custody away from you.

I will try my hardest to get an attorney. I know I desperatly need one. I just got off the phone with child support, and they told me that the order wasn't signed by a judge, but at the bottom it says the judges name and has the curcuit court stamp they put on it when I filed. It says in there that we have to abide by the order or we are in contempt. That sounds like it's pretty legal to me but child support is saying it's not. The order was done on Feb, 18th, and in the middle of march I went down and held her in contempt because she wouldn't follow the custody. It said we could either do a written agreement signed by both parties and if that could not be done, it defaulted to rotating custody. The written agreement she signed stated that we had rotating custody, but after I took that to child support and the court she went down and told them that I forged her signature.

Joe, the problem looks to be that the orders are considered temporary. Although I don't understand how you could have received any type of order without a judge's signature. You might want to call the court clerk and inquire "why" the papers do not contain the judge's signature and what can you do to appear before the judge and request it be signed.

There are many divorced couples where one of them still pays support towards the other household although they share equal parenting time. If your income is higher than hers, you need to be prepared to pay with the final orders.

I'm not surprised she went out and found a way to get an attorney. The order was just given in February and within a month, you already filed contempt for the custody situation while trying to get the support reduced. I'm sure she felt she had no choice, given the consequences she might have to face if found guilty of contempt... so she sought legal help.

How many attorneys have you spoken to? Keep trying. Even give your courthouse a call and ask them if they have any court appointed attorneys they can refer you to. Talk to others you know that have been divorced. Maybe someone knows of one that will work out a different payment plan.

What about your employer? Would they advance vacation pay?

The order WAS given in February, and when the middle of March came and all I ever got was you will never see your daughter again, I don't care what the order says, I had no choice to hold her in contempt. I asked the clerk at the courthouse what to do and they told me that's what I am supposed to do. I am not contesting the child support, just the amount. I have redone the guidelines based on our income, and with our incomes and I pay the health insurance, and because we have rotating custody of every other week, their guidelines state that she owes me $65 a month, but I am paying her $300. Nothing here is actually signed by the judge but stamped by the clerks office after the judge orders it. It has a county seal on it.

"That sounds like it's pretty legal to me but child support is saying it's not. "

That's because you don't have legal counsel to protect you and to prevent losely order or mistakes. The court doesn't care if you don't have money for a lawyer. You need to find one by any means - borrow from relatives, bank..etc. I know it's hard but you have no choice.

I got the copy of the papers she filed and it is a temporary motion for support in which she states that she should be awarded temporary possesion of the marital home and that her and her daughter both reside there. I thought they were staying at her (wifes) mother's house because the marital home has had no power since December of 2008. Further inspection of the property showed that it is infested with fleas. Can I file an emergency custody order to have the child placed with me? I can't let her stay in a house with no electricity or air conditioning. It's 95 degrees out here. But I don't want to file it if it will make me look vindictive, but I think that I have a pretty good reason for doing so. Anybody have any suggestions on what I should do?

Your first priority needs to be to get an attorney. You're in over your head. Find (a competent) one that takes credit cards and charge the retainer on the card.