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mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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Ex is family law attorney. He has been at least 8 weeks behind on support for 6 months.

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Ex is family law attorney. He has been at least 8 weeks behind on support for 6 months. His business is terrible. Suddenly he tells me that he has filed for a modification of custody so that he can have equal time with the kids. I have full physical custody, he has 2 weekday evenings and every other weekend. His equal time would happen while they are sleeping or in school. 10 days ago he told me he had filed the modification and had received the summons. 7 days ago he told me that "I sent the documents to a process server and asked him to call you to coordinate how best to serve you." I have not yet been contacted and have NO idea what changes could have taken place to support the modification. Does the 20-day response period apply to the day he filed or the day I am served? The kids are fine and happy (but ex has been harping on my 8-year olds weight). I am a completely dedicated mom. Ex has been a pretty decent father lately but I found evidence of gambling again on web

mkc1959 : The 20 day response period will only begin to run when you are served.
mkc1959 : Since he has already filed, or at least he has said so, then you might strongly consider filing for the unpaid support. It is good to have an offense many times as well as a good defense.

Do judges care if the motivation is financial? He claims it isn;t, What about if the gained time is simply an hour before bed and school time? He's a bit of a dirt bag. At time of divorce he had been arrest 2x for domestic assault on girlfriend. The divorce agreement had restricted parenting time until he sought help. It also spelled out hte revised parenting time once he did seek help - which he did.

mkc1959 : Yes judges care intensely about the motivation as the judge is only supposed to be concerned with the best interests of the child. It will be relevant if he is demonstrating some of the same behaviors even though he did get help. Courts do not generally adjust the amount of support for minimal adjustments in custodial time.
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