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Recent child support questions

I want to revoke my 50/50 custody of my 2 children ages 2

I want to revoke my 50/50 custody of my 2 children ages 2 and 12. It has been a nightmare since I filed for full custody last spring because the children wanted to live with me and mom was having various boyfriends in and out of their home. The judge granted 50/50 custody. Mom is now married and kids are now happy with her and their step father. She doesn't communicate, coparent and our parenting styles are entirely different. Initially my middle school daughter wasn't cheerleader and her mom allowed it without my permission. I'm glad my daughter has extra curricular activities but the problem is I'm having to keep my 5 year old kindergartener out late at night for her ballgames. I also have lived in another county then there school which is approximately 30 min from my home. My son is falling asleep on the way to school. Also when I agreed to the 50/50 custody my boss agreed to let me have some freedom at work. I have been operations manager for 22 years and my company has been bought and all management is losing their jobs. My job will possible be out of state and if not my new company will not allow me to have the freedom that I have now to make the 50/50 custody work. I currently pay child support every week because of income differences between me and my ex. In order to keep doing this I have to find a good job. Bot***** *****ne linitially my ex wanted the custody changed back to me having every other weekend but she is wanted a lot more money and as usual is not being agreeable. Can the judge force her to except custody of the kids and isn't the child support always a calculation? She lives so close to school the kids can walk. I'm tired of fighting with her too. Her goal is to destroy my relationship with my kids and I'm just tired of all the drama. Thank you in advance for your advice.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: KentuckyJA: Has anything been filed or reported?Customer: Sorry for any typos or grammatical errors. The way this is set up you can't review what you send. JA: What confuses you?Customer: Can their mother be forced by the judge to accept custody back they way it was she was primary custodian and I had every other weekend visitation because of my upcoming job changeJA: Anything else you want the lawyer to know before I connect you?Customer: My contacted my current attorney wanted me to take 3 weekends a month to compensate for the 50/50 custody. This will not work since I will be possibly be living out of state but if I accept the other position locally it is management with required weekend call. I can only keep my children every other weekend.

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,836 satisfied customers
When we got divorced in 2004 my ex wife did said that I she

When we got divorced in 2004 my ex wife did said that I she would not seek out or make me pay child support since she got the house and I left with the shirt on my back and jobless. We never made it a written agreement and everything was fine.Fast forward 12 years, and now we haven't talked, either my ex or my child, in a couple of years and we live in different states. Last week I get a letter in the mail with a court order from Alabama regarding child support for my now 15 yr. old daughter in the amount of $280 or something due the end of this month and $60,000 plus of past due child support including the interest. In 12 years, not once has she asked for it due to our verbal agreement (she still makes 2 as much as me) is there anyway that I can reduce or eliminate the past due amount and just start with the current payments?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: I live in Texas and she is in Alabama Court order is from AlabamaJA: Has anything been filed or reported?Customer: Yes, I received a court order that I need to respond to. She didn't reach out to me ahead of time and haven't spoke ion a few yearsJA: Anything else you want the lawyer to know before I connect you?Customer: I think that is it

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Roger

Litigation Attorney

Doctoral Degree

34,564 satisfied customers
I'm going to court soon for modification of child support

I'm going to court soon for modification of child support due to layoff and to have visitation order amended to what we have been doing for over a year now. My ex has refused to meet me for pickup and drop-off since she found out I need to lower child support. She drives 20 and I drive 45 minutes. I'm the one that moved into the city but she sure doesn't mind the increased child support from the job I took. What are the odds of the judge ordering her to continue our arrangement?

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,836 satisfied customers
My ex partner of 17 years and I were never legally married,

My ex partner of 17 years and I were never legally married, but she adopted both of our children through second-parent adoption in Illinois. I am the birth mother, but she is listed as co-parent on their birth certificates. We broke up in the summer of 2015 and I moved out of our home in February of 2016.We had discussed custody and payment arrangements and had even spoken to a lawyer friend of hers about doing a "modification of adoption" to get all the plans into writing and filed with the courts. Essentially, I was to pay all of the following:1) Kids' health insurance ($164/month)2) Kids' eye glasses and contacts (~$600 for their glasses and $30/month for my son's contacts)3) Kids' cell phones (~$100/month - hard to say since it's part of a package - I pay a total of $207 for 3 lines)4) Blood bank storage fee ($125/year)5) I also do the gymnastics website where our daughter takes gymnastics - so that monthly bill is taken care of by my working it off ($360/month).We are to split any other expenses. Such typical expenses include1) Our son's registration fees for wrestling and football (~$145 each yearly)2) The booster club fees for our daughter's gymnastics ($~1100/year although they vary).3) Any medical expenses are to be split (fortunately we haven't had any other than the occasional doctor visit - which I never asked her to pay for).4) School registration fees. (~$180/year)5) School supplies (~$220/year).Gymnastics is a HUGE expense in our lives. Not only do we have the booster club fees, and the monthly training fee, but we also have travel costs of gas, hotels, food, and sometimes airfare. This year, I had my daughter every weekend we traveled except one. I paid for two nights of hotels each time along with food and gas. She had our daughter the weekend they went to a meet in Las Vegas. She decided to take her girlfriend and our son. Neither are required to go. In fact, only our daughter is required to go and could have gone with the coaches if need be. So our daughter's expenses would be the same as any other meet except her airfare. I did not offer to pay for half of her airfare since I pay for all of her other monthly expenses and have paid for the travel on all of the other meets. It is not MY fault that she took our son when he could have easily stayed home with me. She decided to make it a family vacation for all four of them rather than a gymnastic trip for our daughter. That's not on my dime, as far as I'm concerned.In January of 2016, I wrote my ex a check for $2000 (part of which was to cover the cost of our daughter's trip to Florida for a gymnastics meet). She is now claiming that I was paying for t-shirts and rent. I DID owe her about $750 for t-shirts she'd put on her credit card BUT she'd broken my laptop which cost about the same and I had to replace it so I refused to pay her for the t-shirts. I don't feel like I owed her "rent" in a home I owned with her at the time, but she said I owed it to her since we were broke up. So I stand behind the fact I gave her $2000 for both rent and our daughter's trip. Even if $750 DID go to t-shirts and let's say $300 went for rent for my bedroom (in which I had NO privacy in since she'd keep unlocking the door repeatedly and harassing me emotionally AND physically), that still leaves $950 to pay for my half of my daughter's plane ticket and hotel.A couple months later, after I had moved out, I did her taxes for her for free and even allowed her to claim both children even though we both were working. She claimed the mortgage interest (which was fine by me as she had always done it that way) and both kids and got a huge refund of $7600+. Honestly, I don't begrudge her any of that.The last I was aware she makes $57,000/year teaching and brought home $3600/month (this was before the kids were removed from her insurance and put onto mine, so her take home pay MUST be even more.) As a teacher, she normally gets some kind of small raise each year. Additionally, in all of the previous years we were a couple (17), her father has given her a grain check in late autumn that totals anywhere from $3,500 to $10,000.I make $77,000/year and have no additional source of income or gifts from family members.Another agreement we'd made was that I was to quit claim my half of our home to her and she would relinquish me of all credit card debt. Her credit card at the time totalled out to about $15,000. It was her credit card, but I did have a secondary card in my name. I DID actually quit claim my half of the home to her nearly a year ago, but no other official paperwork was every filed.She says that she paid for everything for years so she shouldn't have to pay any of the kids' monthly expenses now. But in reality, the kids were on my insurance for 3 years when I worked at Network Solutions and for a time while I was self-employed. She was on my insurance many years ago when I worked for Spherion, but I've NEVER been on hers. I was a stay-at-home mom for years BUT I did freelance work on the side and made pretty decent money. We haven't had a gymnastics bill for training in over 4 years thanks to me, and at one time both of our kids were gymnasts so I was saving us well over $600/month. She said that doesn't count because it doesn't come out of my pocket. I work anywhere from 10-15 hours a month on that site, so I definitely think my contributions there matter. I'm saving her $180/month for what would be her half of the gym bill if we actually had to write a check for it. She seems to think that because the bills automatically came out of her checking account that none of my contributions when were together counted for anything. But she sure didn't mind spending all my income as "fun money" and she'd often brag to people about how great it was that I could be at home with the kids and still bring in great money on the side.When I left that house I was only allowed to take my clothing, my t-shirts and heat press, the queen-sized bed I had before I met her, and a few personal items she told me I could have. My "half" of her credit card debt would be $7,500 and ironically that is EXACTLY the amount of construction work I had done on our home by the guy who owns the gym because we took it out in trade for a website. So, in my mind, I owe her nothing financially.We could not seem to come up with a schedule for the kids that worked for us so she suggested I ask my brother what he and his ex-wife do. Their schedule is based on his ex-wife's surgery schedule so it works for them but would not work for most people. I showed her their schedule and she chose to follow it.She has the kids on Mondays, every other weekend and every other Thursday that she doesn't have them that weekend. Fortunately, for HER, on both Mondays and Thursdays only one of our kids have practice. So she only has to run one child around and can spend quality time with the other if she so chooses. Well, on Tuesdays and Wednesdays BOTH kids have practice. One is in Belleville, twenty minutes away and the other is in O'Fallon. I literally spend my entire evening feeding kids, driving kids, helping kids with homework and putting them to bed. I don't actually get to spend time with them. I have asked her several times to consider a new schedule and she refuses to for two reasons.1) She said I'm the one who wanted to leave.2) She plays on a co-ed volleyball league every Wednesday for 6 weeks in the summer and does not want to have the kids on Wednesdays.Now that volleyball team is comprised of all gymnastics parents who ALL bring their children. The kids love to play together and cheer on the parents. So my daughter feels left out because she can't be there. And she can't be there because my ex told her (and me as well but at another time) that she doesn't want me there. So our daughter misses out on all that time with her teammates.But, that's really not the issue. I don't think the children's visitation schedule should be dictated by my ex's social life nor should I be punished for wanting to pursue my own happiness.In order for me to get my daughter to gymnastics practice I have to leave work 2.5 hours early two days a week and have to log back into work later that night after the kids are in bed in order to make up that time. I want to rotate the schedule so that we both have equal time, both have to shoulder the burden of running kids back and forth, and we both can have social lives.Additionally, the kids go to school in the school district where she lives. I agreed to this because I felt it was best that the kids' lives be disrupted as little as possible. This is truly inconvenient, however, since I'm the one who has to pick them up at her house all the time rather than her having to drive over to mine. I'm the parent who gets called when they need a winter coat or forget their homework because I'm the one who works locally.I want to rotate it as follows:Whoever has the kids Friday, Saturday, and Sunday does not have them on Monday, but gets them back on Tuesdays, Wednesdays, and Thursdays. This way neither of us have to go more than 3 days without seeing the kids. We both have to shoulder the responsibility equally of taking kids to practices and events, and we can both have equal time with them.She is punishing me for leaving her for someone else. But, she has moved on and has a live-in girlfriend too. I think it's time she get past all the anger and do what is fair. I don't know if she doesn't realize all the extra running around I do or if she just doesn't care, but I feel like the least she can do is modify the schedule to be more fair. As it stands, in a typical month, she has them 12 days and I have them 18. When it's her weekend, I don't see them for four days in a row. On the days she has them during the week she only has to take one child to practice and can spend time with the other. She pays for none of their recurring monthly expenses. BUT she claims one of them on her taxes.Even though we'd made all these financial and child schedule agreements, the only thing that was ever signed was the quit claim deed forgoing my interest in the home. After a year of paying all of the kids' monthly bills and following the schedule SHE created, I want to modify our arrangement. It was never filed with any court. Even though we both attended the required parenting classes, she never went forth with her lawyer to file any paperwork regarding the children. She says I have to stick with what we agreed upon. I agreed to those conditions under duress. I was sooo desperate to get out of that house I would have said and done almost anything to appease her. The arrangement isn't fair to me or to the kids.I'd like to know what my options are legally. Can I get a new visitation schedule that she will be forced to follow? Can I get her to pay something monthly?

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LegalGems

Juris Doctorate

16,104 satisfied customers
Whats the difference between the change of circumstances

Whats the difference between the change of circumstances test and the 3 year review for IVD child support cases?

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Ely

Counselor at Law

Juris Doctor

67,968 satisfied customers
I live in North Carolina, the biological father lives in

I live in North Carolina, the biological father lives in Georgia.My daughter is 7 years old. A few years ago I took my daughter's father to court for child support. (I lived in North Carolina, and he in Gerogia.) He signed a Paternity Acknowledgement whenever she was 5 months old. Whenever she was 4 years old, I filed for child support and he challenged the paternity. They grated him a paternity test and found he was not the father. I had no idea. Now, (two years later) I have thought about it for some time and discovered her biological father. I have taken him to court for child support. The first man is still listed as her father on her birth certificate. She also knows her last name as his. Will she be required to change her name? Also, the man that is listed has moved somewhere in Washington state I am unsure of how I can get him to desestablish himself as the father. What would I do in this case?

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,836 satisfied customers
Can child support be modified downward if the obligor parent

Can child support be modified downward if the obligor parent starts paying for insurance for the child?

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NYCLAWYER

Attorney

Juris Doctor.

40,148 satisfied customers
We live in the State of Illinois. His ex is taking him back

We live in the State of Illinois. His ex is taking him back to court for contempt of court on a child support order. Briefing: He was court ordered to pay child support and paid it without any interruptions or problems. He lost his job due to a disability that he has. He is on Federal Disability. He never reported this change to the courts and ask for his child support to be reduced. Because of his ignorance to the law, he just figured he will pay the required percentage from his disability pay. He made his ex aware of the change, she sent him messages saying she understood and it was ok. Now she decided to take him to court for the arrears from the amount he should have been paying. My question is, my husband seems to think that he and his ex both had an agreement to modify the child support order so therefore, he's not in arrears because they both agreed. Is there any truth to this?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: IllinoisJA: Has anything been filed or reported?Customer: Her attorney filed a motion to hold him in contempt of court for the arrearsJA: Anything else you want the lawyer to know before I connect you?Customer: he also recently filed the motion to reduce child support based on disability

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JD 1992

Juris Doctor

37,198 satisfied customers
Scenario 1) Does the NY law permit wife to go after

Scenario 1) Does the NY law permit wife to go after POST-Divorce filing and serving higher pay? If so, when does her right to my future income gains stop? I know that if my pay goes down then I have to request lowering of Main and C/S. But is wife entitled to all my future successes that she had no longer contributed to.Live in NY state. Wife filed for divorce in Dec 2015. And server me in April 2016. So we r in divorced court.We are still married and she is still pursuing divorce.At the time I was employed at job A for nearly $200K.yr.I negotiated a much better job B at 72% more, After serving, but before 1st court date for Pendente Lite (temp Spousal Maint and Child Support).But the scheduled start date for job B was after the 1st court date for Pendente Lite (temp Spousal Maint and Child Support).So, I was ordered to pay Spousal Maint and Child Support of nearly $7/mo based on my current job A because job B was not to start until the following week. Judge said that wife could request upward adjustment after job B start date.Payments started on May 1, 2016 and I have pay excellently.***Question 1) Does the NY law permit wife to go after POST-Divorce filing and serving higher pay? If so, when does her right to my future income gains stop? I know that if my pay goes down then I have to request lowering of Main and C/S. But is wife entitled to all my future successes that she had no longer contributed to.***Scenario 2) In mid November 2016, during Pendente Lite temp payments for Spousal Maint and C/S, I lost my job due to no misbehavior or negligence of my own and am now unemployed 3 months, due to corp acquisition of my job B. I have over 500+ job search contacts/interviews and aggressively searching daily but no job yet.If I start my own consulting firm as separate corporation, job C and once I get a client(s) and business revenue for my services, and my new business job C pays me as en employee a fixed salary.***Question 2) What will the wife's new Temp Maint and C/S calculations be based on, my new business job C's total income/revenue, or just my salary that my new business job C pays me?

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Lucy, Esq.

Juris Doctor

32,526 satisfied customers
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