Custody Modification or Contempt Charge?

[Upset]

Divorced 2009
2 children 8 & 10
50/50 Shared parenting
My rental home is jurisdiction for the school.

I am 100% disabled and only have a small income from disability.
Ex lost her job shortly after divorce, so no child support coming to me.
2010 DOR took my ex to court because I had to apply for food stamps and Medicaid.
She had no job so they imputed her income to be the same as mine, so once again she was off the hook for support.

I have had the children 90% of the overnights since the divorce and since the DOR case 99.9%. I think she had them 1 overnight in the last 10 months.

Ex now has a job that doesn’t pay very well but I could certainly use some support from her.

She refuses to tell me where she lives and “stops by” every so often to see the children and throw verbal abuse at me.

I tried to get Legal Aid but they won’t take my case.
My children & I live in poverty. If it wasn’t for the help from my family we couldn’t survive.

Do I file a custody modification (because of my overnights) or do I file a contempt charge on her first for not following the Parenting Plan? I would like at least full Legal and like to show the courts exactly how much time I have with the children and keep the status quo.

Thanks for your help.

[Attorney Howard Iken]

If she has not used the amount of overnights due to her - then the first step would be to file for modification. You would need to file a Supplemental Petition for Modification. If you are successful then child support will be recalculated in the same court action.