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An agreed, signed and filed parenting plan with the

Leavenworth County Kansas family court...
An agreed, signed and filed parenting plan with the Leavenworth County Kansas family court, apparently yet to be signed off of by the judge. The respondent is pro per and is now objecting to the parenting plan she signed. Does the court have to uphold the signed parenting plan? If not, why not? The respondent hasn't filed anything to have to parenting plan set aside or dismissed.
If I sign all my parental rights to my daughter Robin? Does the financial responsibility of child support still fall on me or transfer to Robin? If I'm still responsible, would it be at 50/50.
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Answered in 1 minute by:
1/26/2018
RayAnswers
RayAnswers, Lawyer
Category: Family Law
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Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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The court has final say it is unlikely the court changes anything if they signed off on it.You could sign your rights away and get her to agree to waive spousal support if you want to do that.If you keep your rights here you likely have to pay some support.If you share custody then if its 50-50% you should pay a reduced amount if anything.I don't see the judge changing anything since they agreed to it.There really isn't any good cause for the judge to modify it much.

I appreciate the chance to help you ,let me know if you have more.

Thanks for rating 5 stars when we are done.

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Customer reply replied 4 months ago
I'm sure she won't agree to waive spousal support. We aren't married but she won't sign to waive my support. I attached the parenting plan for your review while I type more information for you.

The parenting plan is fine it appears reasonable to both cannot see this changing much.You may decide to take your chances with the judge , he likely denies the changes since she signed it here.

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Customer reply replied 4 months ago
The respondent and I have never been married to each other. We had a child together who is now 5 yrs old. My current situation is I'm married to my wife of 34 years but we haven't lived together for the past 8 years or so. My current lawyer (I've released one already) says I should accept something different because the lawyer doesn't believe the judge will uphold the parenting plan because he may not believe it is in the best interest of the child. I travel frequently for my job and when I'm gone the child's mother gets all of the time I'm gone. That's one of the reasons for giving my parental rights to my eldest daughter so that child is only spending 50% of her time with her mother. Her mother doesn't want my family to have anything to do with our child, especially when I'm out of town.
Customer reply replied 4 months ago
The is the email I received after my lawyer appeared in court today for a status conference.
I had the opportunity to meet with the respondent for some time this morning. She wants this case done. The judge was clear he wanted this case done as well. The respondent will agree to a 2-2-5-5 schedule. This is a shared residency schedule and means you would have equal parenting time. As we discussed in our last meeting, with your work schedule, I do not believe the Judge would award you a 50/50 schedule unless Megan agrees to it.
I have run a child support worksheet as well. As the child is in daycare, this cost goes into the worksheet. Both parents work and childcare is necessary. The respondent stated you were covering $80/week and she $60/week. I have calculated what this comes out to monthly. As you are gone often, I believe the judge will be inclined to have the respondent paying the “direct expenses” (fixed expenses paid directly to 3rd parties, such as school, church recreational club to allow participation in an activity or event or attend school. Includes all necessary supplies and equipment purchased to support such an activity.). By may calculation, child support comes to $256/month. Megan stated she would agree to that number. She felt that $191 that your prior attorney gave her was too low for when you are gone. This barely increased it but she said she would agree to it.
I believe this is a good agreement and I would advise you to agree to it. I do not believe the judge would order something like you previously had signed. By coming to an agreement you prevent the judge from giving you less than 50% of time with your child, you limit child support, and you save the cost of a trial. Is this something you will agree to?
A topic that has not been covered is retroactive child support. The court has the discretion to award child support back to the month after filing. Your case has been pending since 2016. The respondent is stating that since January 2017, you have stopped depositing money into the joint account she has access to. I believe the judge will order child support retroactive to January or February 2017 (putting you behind approximately $3,072). As the respondent wants to get this done, we may be able to strike a deal but she stated she is wanting some back child support. I did state commit one way or the other to her as we had not discussed this. Have you been providing monetary support to the respondent for the child? If so, how much, and provide documentation, please.
Judge stated if all was agreed to and filed (i.e. agreed parenting plan, child support worksheet, and Journal Entry) he would sign off on it. If not, we are required to appear on Feb. 22 at 10:00 a.m. for a Status Conference.
Customer reply replied 4 months ago
I've paid a lot of money, that I don't have, for lawyers and thought I was in good shape but I don't know.I need help !!! Would you be willing to represent me or refer me to someone competent that will work for me and get the current signed parenting plan enforced by the court?Can the judge set aside the agreed, filed and signed parenting plan if he doesn't feel it is in the best interest of the child even though the parents developed the plan themselves?
Customer reply replied 4 months ago
What's the chances of the judge awarding her back child support for the past year?

With that information here if you can get her to waive prior support I would take the deal.It's not that much if you argue about it you will burn more than that in fees here.See if she will waive prior support if you agree to the increase.Thats my honest thought make the best deal you can here.

You might win the battle and judge signs it and then guts you with prior child support.See what you can do to resolve this especially if you get off the hook for prior support.

Thanks again.

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Back support back to filing date here is very possible so try to resolve it here.

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Customer reply replied 4 months ago
what would giving my rights away to my daughter do for the custody, parenting plan ?
Customer reply replied 4 months ago
now you don't think there is anyway the judge will enforce the agreed, signed and filed parenting plan?We lived together up until about Oct 2017 so why would I have to pay back child support?
Customer reply replied 4 months ago
I don't see that I have anything to deal with - the increase in child support from the $191 to $256 is computed from Kansas state child support worksheet, I don't see how I can use that as a bargaining chip

what would giving my rights away to my daughter do for the custody, parenting plan ?

You would want them to waive all rights to support here, past , present, and future.

We lived together up until about Oct 2017 so why would I have to pay back child support?

You would only owe support from date you separated.

You could agree to raise the support here in return for her waiving prior support.You cold also give up custody rights here, relinquish and seek waiver of support totally.Make sure you want to do that they might jump on that.

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Customer reply replied 4 months ago
I noticed you didn't answer this question - so now you don't think there is anyway the judge will enforce the agreed, signed and filed parenting plan?
What's the reason for the change of mind?

No what I think is that the judge might sign off on it but award her prior support if she asks for it, split the apple so to speak so I don't know if you would want to fight for it and burn the legal fees.

I also thought your lawyers email was well written and reasonable even though you may not agree here.These things are hard and it comes down to what mood the judge is in.She might find a sympathetic judge here.

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Customer reply replied 4 months ago
Just so I'm clear - the judge doesn't have to enforce the agreed, signed and filed parenting plan is he so chooses. And if I fight to enforce it and lose. I might upset the judge and he might hold it against me therefore "socking it" to me and I end up paying out the wazoo until my daughter graduates high school - in addition to any lawyer fees that I would incur.So just swallow the current pill and move on....
Customer reply replied 4 months ago
It sounds like I might as well cut my lawyer loose and save me money and let the judge make the decision. I don't see how me having a lawyer has benefitted me at all

Yes judges have total discretion here ,too much but thats the way it is.

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Customer reply replied 4 months ago
what's the pros and cons to letting my lawyer go and handling this myself

You could decide to do so especially if you are going to settle here.You are burning legal fees with no guarantee of a better outcome.

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Customer reply replied 4 months ago
ok thanks

Bye for now.

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