General facts:
- We have one son, he's 8 years old
- We got divorced in 2018
- The divorce was a settlement agreement
- Jurisdiction is Florida, USA
- The terms of the divorce settlement state that timesharing will be 50/50 for child support purposes (one week on, one week off) but "In any given calendar month, and with ten (10) days' notice to Mother, Father may elect to exercise four (4) additional overnights with the child each month during the Mother's regularly scheduled timesharing."
- Yes, I have a lawyer but I wanted to know what people here on the forum think.
As you can all imagine, I have been exercising the four additional overnights because I value the additional time with my child, I believe he needs it, and this is what we negotiated in the divorce. Most of the additional time I have requested has been on weekends - I mean, why not?
Ex-wife filed a petition alleging a "substantial change of circumstances" given that she got a new job and bought a new house (this has not materially changed our geographic distance apart, we live around 15 minutes away from each other both before and after this change) and that these changes of circumstances warrant a modification in timesharing, namely, the elimination of the four additional overnights.
Separately, ex-wife also filed a motion for contempt stating that I was not following the agreement regarding the four additional overnights as I was using the time to take away from weekends and holidays (I don't use the time to take away holidays, but I do take away weekends).
Does anybody have any advice or thoughts? Yes, I have a lawyer and this looks destined to go to trial because I see no reason to voluntarily give up my time with my child and ex-wife won't relent until the four additional overnights are totally eliminated.
[–]techrmd3 5 points6 points7 points (2 children) | Copy Link
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[–]RevolutionaryLaw8854 5 points6 points7 points (2 children) | Copy Link
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[–]grandpaharoldbarnes 6 points7 points8 points (3 children) | Copy Link
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