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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Indiana - we have an agreed signed order Sept 2010 with set

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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

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 5 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.

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 5 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...

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

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