S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Modification filed April of 2003  (Read 1420 times)

hoosierpapa4

  • Jr. Member
  • **
  • Posts: 83
  • Karma: 0
    • View Profile
Modification filed April of 2003
« on: Mar 27, 2004, 07:31:39 AM »
I will make this short and sweet.  Divorced in 1999 (if you can believe that), have 4 kids, joint legal, primary physical with XW.  Eldest was withdrawn from High School without my consent and contrary to the Orders of the Court (whereby she is to keep me informed of all school stuff including but not limited to disciplinary, achievement etc.) at age 17.  Have many contempt citations that I intend to file pertaining to her lack of obedience when it comes to the Orders of the Court.

Support was set in March of 2003, I was hosed, they used my over-time and one-time bonus which was extensive as a basis to determine income back to XW's filing in 2002.  This created a $13,000 arrearage.  The Court set support at 250% higher than was previously ordered, Magistrate ignored situation.  I filed for modification less than a month after the initial 250% increase due to the Court not recognizing that income as less than reliable means of support, and change of circumstances.  I have my kids half of the time, yet I get to pay $500/week to support them.  XW underreported her income claiming to work a full work-week would not permit her to spend quality time with the kids, yet it's the same time that I spend with the kids.

I am due to get to Court now in August, a full 16 months after filing the modification.  Due to the change in circumstances, I should now be paying $350/week using year 2003's income, and the fact that I have another child born to me through a subsequent marriage.  The arrearage could very possibly be wiped out due to this change of circumstances.

XW has hired two attorneys to represent her in the modification of child support, not separately, but together.  I believe her intent was to jack the atty bills up in hopes that it would discourage me from continuing my efforts to get child support modified to a reasonable level.

Now comes my question:
Since my eldest was withdrawn from school, and her mother is attempting to find her a place to "move her in to" outside of her home, and her birthday is a few days after the next court date, what would my chances be in arguing emancipation of the eldest when she would not be eligible to be emancipated until 4 months following Court date.  The next available Court dates would be in the spring of 2005.  Do you think that I should wait until she is moved out, living on her own for 4 months, and 18 years of age, then re-petition the court and wait another 16-18 months, or get the Judge to set a support amount when the event occurs?

Thanks for listening to me blather.


 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.