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Author Topic: Modifications needed... Opinions please.  (Read 3011 times)

Modifymenow

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Modifications needed... Opinions please.
« on: Sep 21, 2012, 09:48:50 AM »
Not sure if this is the right forum to post this. 

I have been tracking overnights for over 2 years now and have had my children over 40% of the time for both years.  This is a significant change to the parenting plan agreed upon in the divorce. 
I mentioned to my ex that we need to discuss the fact that I have the kids more than agreed upon and that I want to keep seeing them as much as possible but we need to discuss modifying child support to reflect the changes. 
This did not go over well and now she if denying me the extra nights I was getting to spend with the kids. 
She claims I was just taking them to get a reduction in CS.  This is ridiculous because I want to spend as much time as possible with them, and she has had no problem with that until now, with the mention of money.

My question to all of you is what kind of chance would I have for joint custody, or at least having the parenting plan adjusted to reflect the status quo of extra nights (40+% overnights) thus reducing child support. 

I am afraid a judge will not care and I will end up with needing to adhere to original parenting plan and rarely get tosee my kids.

Thank you.


Giggles

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Re: Modifications needed... Opinions please.
« Reply #1 on: Sep 21, 2012, 11:24:42 AM »
Ahhh....showed your hand too soon...bummer.
 
Should have gone for the change in times....THEN asked for a modification of child support!  However....you still might be able to get it based on "status quo".  OH and it could potentially look bad for her if she was going along with it and now suddenly changed because you mentioned the $$ part...
 
This is the problem with family court...it could go either way...I say file for the change in parenting times FIRST.  Then if that gets granted...request the reduction in CS.
 
Good luck!
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Modifymenow

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Re: Modifications needed... Opinions please.
« Reply #2 on: Sep 21, 2012, 11:58:01 AM »
Would that mean court twice? I am not very familiar with how any of this works... I am going to an attorney next week... Will he know the best way t go? I am so nervous.

tigger

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Re: Modifications needed... Opinions please.
« Reply #3 on: Sep 21, 2012, 12:27:17 PM »
In my state, yes, it would mean going to court twice as custody/visitation is handled by one court and CS is handled by another.
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Modifymenow

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Re: Modifications needed... Opinions please.
« Reply #4 on: Sep 21, 2012, 12:44:01 PM »
Where might I find out if that is the case in my state?

Thank you for your help.


tigger

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Re: Modifications needed... Opinions please.
« Reply #5 on: Sep 21, 2012, 05:29:03 PM »
What state are you in?  I'm in NC.

How did you get papers and CS in the first place?  For me it was a Consent Order so we didn't involve the courts except to have a judge sign off on the custody and CS and divorce decree.  When we had modifications the first time, it was mutually agreed upon and again, a Consent Order was entered.  When his wife started playing games with the CS payment, I went to CSE and had them start handling the case. He told them that we had 50/50 custody of the youngest child (not true) and they almost ordered CS based on his assertion. I had previously informed them that our then 16 yo OS had rebelled against my rules and moved out so CS was reduced then but this time it was supposed to go up because he had graduated and I still had YS at home and we didn't split 50/50. So he took me to court suing me for custody of a 14 year old and the judge split the difference, just enough to lower CS by 54%.
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Modifymenow

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Re: Modifications needed... Opinions please.
« Reply #6 on: Sep 21, 2012, 09:50:33 PM »
I sent you a PM.

 

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