Filing an Answer and Counterclaim does not result in the scheduling of a hearing. You need to have a divorce Master appointed to your case and he/she will schedule a conference and/or hearing. In some counties, you only need to pay an administrative fee and in other counties, you must presenta Motion before the court. Also, you may not be able to move your case forward at this time if you have not been separated for two years and you are unable to prove that your wife committed grounds...
I agree with my colleagues. Everyone has normal living expenses. Unless he has extraordinary or unusual fixed monthly expenses, the court will not take his bills into consideration. Also, if he voluntarily increased his expenses after the support order was entered, you should raise this at the hearing. It would be wise to hire an attorney.
When parties do not have attorneys in these situations, it is not unusually for there to be problems. Now, you will need to retain an attorney to review the agreement and to determine whether the discrepancies can be resolved or whether litigation is necessary.
Since his custodial time is minimal as it is and there is no real history if violence, it is unlikely that the court will further reduce his contact. However, in situations where one parent may have a metal health problem, a professional opinion is needed to confirm that there is a real concern. That being the case, family counseling is an effective means of monitoring his conduct. Also, you will have someone available to mediate if you cannot come to an agreement on certain points.
If he has stopped making payments towards the home, you may be able to file for spousal support although the two of you are still living in the house together. You should discuss this matter with an experienced family law attorney. You cannot sue him for the equity of the home. However, you can address this issue through the divorce proceedings. If you have not already filed for divorce, you may want to do so and then file a Petition for Special Relief asking the Judge to enter an...
If you had a custody order in place prior to the PFA, you should check with a local attorney to determine whether the Judge will require you to file a Notice of Relocation and Petition even if he has not contact with the children via re PFA.
There is no requirement that you file for child support in order to file for a PFA order. Most counties have a domestic violence center or victim's services agencies that can provide you with moral support. If you decide to file a PFA, you need to act quickly. Most legal aid services will file the PFA for you free of charge or you can file it yourself.
If the house was purchased after the separation, it is likely not marital property, but you should speak to an attorney for more specific advice. If you are not receiving the amount of support that you are entitled to, you should file a Petition to see if you can increase the amount. Again, you should speak to an attorney.