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Author Topic: FOC Jitters  (Read 1506 times)


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FOC Jitters
« on: Mar 31, 2004, 10:59:19 AM »
My decree states as follows: (stipulated—I know the child support amount is higher than the guidelines…the idea was, that along with the 200.00 a week rehabilitative alimony the ex would get on her feet and finish school…she has done nothing so far.)
“It is further ordered and adjudged that should parenting time with the minor child be modified to provide for the child to reside with each party for alternating one week Intervals as provided in this Judgment of Divorce when both Plaintiff and Defendant reside in the XXXXX area with each party having equal parenting time, then for a period of three years beginning with entry of this judgment, defendant’s child support obligation shall be reduced to not less than $200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant’s income and sole physical custody to Plaintiff, whichever child support amount is greater, however, Defendant’s child support obligation shall not be reduced to less than 200.00 per week during the three year period beginning with entry of this Judgment.”
Well, I have been doing the “50/50” thing since October 03, but have hesitated to go and file for the above change because I am afraid I will get screwed by FOC. I could really use the 200.00 or so the change will create to help pay for the gas I use commuting 750 a week rt to work. I have my tax returns, pay stubs, and “The Motion To change Child Support” form.
I also have extensive records of expenses for my daughter and of the time I have spent with her. (Optimal)
The expense records indicate that I spend an average of 700.00 a month directly on her. The time records indicate I spend at least half the month with her, sometimes more.
Should I present my expense records and receipts? (I am worried they will say, “well, he’s able to spend that kind of money on her (daughter) and pay his ex as though she had sole custody…he can afford it!” The fact is, I barely make it each month, but my ex does not spend a penny on the daughter for clothes, etc. Someone has to...I do.
It seems like a cut and dried thing: ex and I agreed to this; it should be done, it's in the stip. right?
Does anyone see any chance for the FOC to pull some BS?
Do I need an attorney for a simple motion like this?


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