What state are you in? I am in Texas
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Child Support Issues / CS Decreased based on Visitations
Jan 06, 2006, 05:49:54 PM
I need some help and advice
My husband and I have my step-daughter 50/50 split they have joint managing conservatorship...........Upon orginally divorce decree they both had child 50% of the month...my husband did not pay CS rather 65% of all expenses........Several years after the divorce my husband and I moved to another state... We had to modify the decree... Mom was CP with us paying CS and normal visitation every other wed and every other weekend.... Even though we lived 9 hours apart we flew my step daughter every weekend for two years...We never missed a weekend visit.......
We moved back to the same city that my step-daughter lives in after two years of this..(too much on my husband missing his daughter)...... We never modify the decree...but mom agreed to go back to 50/50 split of visitation but would not give up CS.............
We have my step-daughter 50% of the month and pay her mom 500.00 a month CS................ we really don't think this is right.... We encur just as many expenses as her mom does having 50% of time............... We saw a lawyer and the lawyer said that going back to court is not a for sure thing.....judges don't like 50/50 and may not award it to us i can't beleive this, because we can prove that we have been doing it for years and it works... my step-daughter won't have it any other way............ and then we run the risk of pissing off my husband's ex and her pulling the 50/50 agreement just because she can.....the decree is not 50/50 and legally we don't have a leg to stand on...
Should we try and get her to sign something? If we went back to court do we stand a chance at decreased CS based on the fact that we have the child just as much as the person who get CS..... my husband and his ex make the exact same amount of money.............it is not like he makes a whole lot more than her and is not wanting to pay...
What should we do?
My husband and I have my step-daughter 50/50 split they have joint managing conservatorship...........Upon orginally divorce decree they both had child 50% of the month...my husband did not pay CS rather 65% of all expenses........Several years after the divorce my husband and I moved to another state... We had to modify the decree... Mom was CP with us paying CS and normal visitation every other wed and every other weekend.... Even though we lived 9 hours apart we flew my step daughter every weekend for two years...We never missed a weekend visit.......
We moved back to the same city that my step-daughter lives in after two years of this..(too much on my husband missing his daughter)...... We never modify the decree...but mom agreed to go back to 50/50 split of visitation but would not give up CS.............
We have my step-daughter 50% of the month and pay her mom 500.00 a month CS................ we really don't think this is right.... We encur just as many expenses as her mom does having 50% of time............... We saw a lawyer and the lawyer said that going back to court is not a for sure thing.....judges don't like 50/50 and may not award it to us i can't beleive this, because we can prove that we have been doing it for years and it works... my step-daughter won't have it any other way............ and then we run the risk of pissing off my husband's ex and her pulling the 50/50 agreement just because she can.....the decree is not 50/50 and legally we don't have a leg to stand on...
Should we try and get her to sign something? If we went back to court do we stand a chance at decreased CS based on the fact that we have the child just as much as the person who get CS..... my husband and his ex make the exact same amount of money.............it is not like he makes a whole lot more than her and is not wanting to pay...
What should we do?
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