Child Support / Modification Dliemma

[wthomas5027]

I currently have an alternating split week schedule with my ex wife. Its the result of a recent modification that I filed and we ended up settling on. Child support was waived for this current judgment. However, since the new judgment she is not following it yet again.. not even close. Also, there has been child care expenses added as well. At this point in time, I am paying everything... she is paying nothing. I have my two boys full time and every overnights and it appears its going to remain that way for now. If it does, I need to consider requesting support and/or another modification after some time passes. So my main question is, is child support based off of the parenting SCHEDULE in the plan and judgment or is it based off of ACTUAL parenting time. In other words, I might get $x amount based off our parenting plan which is nearly joint 50/50 time. However, I am actually having my kids over 90% of the time and I would hope that child support would be based off of what is REALLY happening verses what was scheduled. I cant do much about getting another modification since the other one took place recently. Thank you

[Anything4Her]

At this point in time, I am paying everything... she is paying nothing. I have my two boys full time and every overnights and it appears its going to remain that way for now.

I would keep quiet for the moment and build status quo. Document that you have them full time and don't encourage her to go back to 50/50. If you insist on the CS now, she will take the boys more often.

After 6 months or so, take her back to court with a motion to enforce CS and at the same time motion to change parenting time to status quo. You should be able to get a judgement for back CS and hopefully full custody.

[wthomas5027]

At this point in time, I am paying everything... she is paying nothing. I have my two boys full time and every overnights and it appears its going to remain that way for now.

I would keep quiet for the moment and build status quo. Document that you have them full time and don't encourage her to go back to 50/50. If you insist on the CS now, she will take the boys more often.

-This is exactly what I was thinking. And that is exactly show she is. She does things out of spite and will start taking boys more just to avoid support or avoid looking bad. She has done that before. The reason why this is a bit trickey for me is because she just got evicted from her house and has to be out in a week. She is moving half hour away and staying with a friend in a 1 bedroom apartment. This is not suitable for our boys which is why I will be continuing (with her agreement) full time care and overnnights. This is my hesitation in waiting. I was given advice to get her to sign something saying that we agree to this. It wont be legally binding, but its additional documentation that would be very valuable later. Also, I cant really oppose her move because I didn't get a relocation notice and she also doesn't really have an option. And she is agreeing that I continue what I am doing now since she is moving. All of that is gravy... except its not official or on paper in our judgment. I feel i might get screwed over and definitely taken advantage of which is what she is doing.

After 6 months or so, take her back to court with a motion to enforce CS and at the same time motion to change parenting time to status quo. You should be able to get a judgement for back CS and hopefully full custody.

- Do you think that after that time and me tracking all my parenting time (which i do) would be enough to get a chance in CS and parenting plan/time?
Im walking this fine line because I dont want to piss her off and get into another huge battle or her start taking time away etc. again to just to be spiteful. That doesn't do anyone any good, especially my boys! But at the same time, when the boys have my address for mailing and education and she is out of district and not in a formal consistent situation that definitely doesn't work well for their school, doing nothing seems like a bad option as well.

Thanks

[CCR]

In my local court, the decree is king. I was taken to court for a modification and showed documentation from myself and a 3rd party social worker I had the kids over 50% more than what the decree said (and we already had shared physical custody), and the judge used what the decree said.

Actually, he asked my ex if I had this amount and she said no without any documentation.

The judge than used her hearsay "no" in lieu of documented facts.

This would be front page news if that decision was used in a criminal decision....but it's just another day in the family courts.

[wthomas5027]

In my local court, the decree is king. I was taken to court for a modification and showed documentation from myself and a 3rd party social worker I had the kids over 50% more than what the decree said (and we already had shared physical custody), and the judge used what the decree said.

Actually, he asked my ex if I had this amount and she said no without any documentation.

The judge than used her hearsay "no" in lieu of documented facts.

This would be front page news if that decision was used in a criminal decision....but it's just another day in the family courts.

Yah i definitely understand this and of course is a concern especially for fathers. However, and this may not matter going forward... but we have already had a modification once in my favor and have detailed calendars and documentation showing all my time and costs. So I don't think they will just ignore that in this case

I also would imagine that her failing to follow new judgment immediately after it went itto affect isn't going to help her case. Especially considering it was one of the reasons we had first modification in the first place.