How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience:  25 years experience as practicing attorney
3396227
Type Your Family Law Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

Indiana - we have an agreed signed order Sept 2010 with set

Resolved Question:

Indiana - we have an agreed signed order Sept 2010 with set support of 100.00 a week.Visitation per Indiana parenting guidelines. Should I pay extra each week thru the clerk for his athletics. The agreement states I will pay half of all agreed camps for 14 yr old. She also told r 14yr old he doesnt have to visit me and he rarely does now. What can I do to keep my child support from being raised if he rarely visits, afraid custodial is setting me up to get more support in the future...Tired of fighting
Submitted: 3 years ago.
Category: Family Law
Expert:  Dave Kennett replied 3 years ago.

Dear Customer - Child support and visitation are separate issues and one does not depend on the other. It is the mother's responsibility to insure the visitation of the child and it is not up to the child. If she is violating the visitation order then you need to file a motion for contempt against her and ask for attorney fees.

 

As for the extra curricular activities, if you have agreed to the activity then according to your order you would have to pay half. If you don't agree to the activity then you would not be obligated to pay. Child support is generally based on the respective incomes of the parties and not some private agreement so I can't tell you if the child support you pay is equivalent of what would be called for if the court guidelines used since I do not have access to enough information as to finances and the formula used etc.

 

You can't protect against the child support if the incomes warrant more money but you certainly can enforce your right to your visitation.

 

Dave Kennett

Customer: replied 3 years ago.

my child support is based on 90 overnights...i dont want to make him visit as he misbehaves and just wants to go home cause mom said he can do what he wants..tired of spending money on lawyers and court is 1500 an a court appearance.

Expert:  Dave Kennett replied 3 years ago.

That is your choice if you don't want him to visit. I thought from your question and facts that you were concerned about the visitation. If child support is the only issue then I'm not certain what your question is. You have the set amount and if you don't agree tot he activity it would appear you don't have to pay. Beyond that I don't see a problem.

 

Dave



Edited by Dave Kennett on 1/1/2011 at 9:27 PM EST
Customer: replied 3 years ago.
indiana child support is also based on overnights...you get parenting time credit for overnights..so if hes spending less time here..say 20-25 overnights vs 90 in our child support order..she can ask for a modification in child support...i dont want to pay increased child support because she tells him he can do what he wants and I dont want to spend thousands in enforcing the visitation when he says he doesnt want to be here. He's 14 and i adopted him at 9..same thing with previous adoptive parent...bad behavior encouraged by custodial to get what they want...
Expert:  Dave Kennett replied 3 years ago.

I understand and that is why I said you can force the issue of visitation by filing a motion for support. But you then said you didn't want him to visit so you can't have it both ways. If he spends less time and she files a motion for an adjustment in child support then you could be in a situation where you would have to pay more because he spends less time with you. So you have to decide whether you want to enforce the visitation or allow her to claim that the visitation is such that she deserves more child support. Obviously I can't make that choice since all I can do is explain your legal rights under the circumstances.

 

Dave

Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
Dave Kennett and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney