How expensive is it to modify a divorce decree?

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How expensive is it to modify a divorce decree?

Unread postby dadsdivorce » Wed Mar 30, 2005 10:44 am

I currently live in the state of Florida and my ex-wife lives in the state of Tennessee, here is the problem. When we divorced 3 years ago we now share joint custody of our 2 daughters 5,8. I usually have the girls during the summer and every other Christmas. Recently my ex-wife called and she couldn't keep a job and was having problems dealing with our youngest daughters medical problem and asked me to take the children for the rest of the school year and the summer to get on her feet (I did get a paper notorized that she agreed to let me take the kids for 9 months.) I have enrolled them in school here as well. Since the girls moved here we have found out they are better taken care of and happier. I have always maintained the child support and continue to pay the mortgage on the house in Tennessee to make sure the kids have a place to live. I would like to know what I can do as far as trying to keep the girls here, where they are better taken care of. I have heard many stories from my kids and I feel they are better off here. I contacted one lawyer that wanted a 3000.00 retainer, I can not afford that much money.
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Unread postby dadsdivorce » Wed Mar 30, 2005 10:45 am

I cannot suggest more than what the attorney you met with advised you. You will need to file a Motion to Modify the divorce decree and seek custody of your children. That is a very expensive process. A $3000 retainer is not surprising. I would also not be surprised if the overall cost of the litigation exceeded $10,000.00 in total. You can try to file the case on your own, but you would be a severe disadvantage if your ex-wife hires an attorney. Consider that you are currently paying child support. If the child support was terminated, how many month before you make up the cost of the retainer in child support no longer paid. Finally, it is likely that you would receive some child support from your ex-wife. Calculate that into the equation and the cost of the litigation is easier to accept.
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