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Author Topic: Should he just give up?  (Read 858 times)

mynodha

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Should he just give up?
« on: Jun 20, 2005, 02:51:01 PM »
Hi, I married my husband almost a year ago.  He was divorced for a year when we met.  Their current parenting plan is very simple gives them both 50% physical and legal custody.  It gives my husband EOW, but they've never followed it.

Shortly after we were married, ExW filed for a revision of CS and since my husband didn't refute it, it went through.  Almost $1,000 per month for two kids in Phoenix Arizona.  Husband and ExW recently went to mediation (after he filed for a reduction) over this and couldn't agree.  Mediator suggested $550.00.  We have the children every day and feed them at least one meal a day.  They (SW and DH) make about the same amount of money.

1. Is any CS due in a 50/50 situation in Az?

2. We're not sure what is going to happen now.  Will the judge just assign what the mediator recommends?  How do we refute it?  Should we?

My husband has also been to another mediation session that he requested in order to try to get EXW to sign a new parenting plan.  This one is more specific and details holidays, pu/do times and who claims which child on their taxes.  EXW, refuses to sign anything because she says that things have worked out so far, why should she chnage it.

DH wants a new parenting plan because the old one leave so much room for arguments...and that's just what they do...all the time.

3. Should he just give up on the parenting plan?  Is there a way to court order her to sign one?  

4. Do we have to take her to court over every little issue?

My husband is also about to adopt my daughter.  We have already legally removed the rights of her natural father.

5. Should we wait to revise the CS/Parenting Plan until there's another child in the mix?  What steps do we need to take to reduce the child support again without making DH look like the bad guy?

6. If the Parenting Plan and the Divorce Decree both say 50/50 physical and legal, then is there a "custodial" parent?  How a "primary" parent?

7. If the Parenting Plan and the Divorce Decree both say 50/50 physical and legal, then doesn't my husband have the right to see his kids 50% of the time?  Or what would legally add up to 50%?  Can she get in trouble for not allowing him enough time?

I have a ton more questions but I'll hold off.  

BTW, Skye sent me.  She's a peach!  Thank you in advance.



socrateaser

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RE: Should he just give up?
« Reply #1 on: Jun 20, 2005, 05:49:06 PM »
>1. Is any CS due in a 50/50 situation in Az?

Depends on the difference in income between the parents. The goal of the court is to equalize the disposable income available to both parents, so, if the father has much greater income, then $550 is not unreasonable. AZ has guidelines for support and they are not generally modifiable. If the mediator said $550, that's probably what a court will order, unless you can prove that the other parent is intentionally under employing herself, and not working to her earning capacity.

>
>2. We're not sure what is going to happen now.  Will the judge
>just assign what the mediator recommends?  How do we refute
>it?  Should we?

I really don't know enough about the specifics of AZ law to tell you if the numbers are good. The mediator should be able to show you the basis for the award. Ask to see the calculations.

>3. Should he just give up on the parenting plan?  Is there a
>way to court order her to sign one?

Sure, you go to court and explain why the new plan is in the child's best interests, i.e., the parents argue all the time and the new plan will remove much of the ambiguity that encourages argument.

>4. Do we have to take her to court over every little issue?

Unless you can settle -- yes.

>
>5. Should we wait to revise the CS/Parenting Plan until
>there's another child in the mix?  What steps do we need to
>take to reduce the child support again without making DH look
>like the bad guy?

Child support is subject to the statutory guideline formula. You need to find out what that formula is, and plug all the numbers in and find out if the result is what a court would order. If it is, then you will likely be wasting your time asking a court to give you a reduction, because the court cannot do it, unless you show some serious hardship, i.e., physical disability that prevents your working, or the like.

>6. If the Parenting Plan and the Divorce Decree both say 50/50
>physical and legal, then is there a "custodial" parent?  How a
>"primary" parent?

If the decree does not specify a primary custodian, then you are both joint and that means that either one of you can do whatever you want, over the object of the other parent, while you have custody. This frequently leads to a great deal of acrimony, and usually the court will put an end to it, by giving one parent or the other greater control.

Watch out, cause it may not be you.

>7. If the Parenting Plan and the Divorce Decree both say 50/50
>physical and legal, then doesn't my husband have the right to
>see his kids 50% of the time?  Or what would legally add up to
>50%?  Can she get in trouble for not allowing him enough
>time?

Whatever the parenting plan says is the order of the court, and is not optional. Neither parent can voluntarily deny the other parent custody, without a new court order.

 

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