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Messages - MomofTwo

#31
Child Support Issues / Re: Out of Norm CS Issue
Nov 08, 2009, 05:51:32 PM
FL child support for a NCP equates to approximately 20% of your income.  It doesn't matter what his income is or the way he derives it, the formula will still equate to 20% of your income.  Additionally, since you never filed your agreement for no child support with the courts, you were building arrears that whole time.  In FL when you have arrears, they can and will take up to 65% of your net income to pay the regular support plus the arrears.  They typically will not reduce child support when there is an arrearage.  When you asked for a review, you opened the door for a possible upward modification which is apparently what happened. Your base amount may have gone down, but your overall payment went up to pay the arrears.  They probably are adding on to pay towards the arrearage.  Even if your salary reduced and you would have typically been entitled to a reduction, because you had arrears, they are making sure payment is applied toward that.  And yes, once a child is emancipated in FL, they do not reduce the amount of child support if there are other children, and especially if there is arrears.

#32
In your original post, you said you just amended your relationship with this child very recently.  What were the circumstances leading up to that? How long were you not involved?  Her limited income is not just cause for a custody change.  Do you have shared legal custody currently? 
#33
Visitation Issues / Re: Visitation and Deployment
Nov 04, 2009, 09:03:00 AM
Mixed Bag is right...if your court orders do not specify that while you are deployed that you are to use web cam and she has to answer your emails, there is nothing to hold her in contempt for.   What do your court orders say regarding means of communication while deployed?  If your orders are ambiguous or silent regarding communication while deployed, you need to file for a modification and have that included in the orders.

This is not enough for a custody change. 
#34
Father's Issues / Re: Being denied communication
Nov 03, 2009, 11:00:09 AM
If your orders do not give you telephonic communication at specified times, then file a motion to have it - you want specific days/times which your child is available to talk to you on the phone and if the child isn't home, then the call has to be returned within so many hours.  If that is not in your orders, then your attempts mean nothing and neither would your notice.  She can't be held in contempt or viewed as denying your rights per the orders, if it's not in the orders.
#35
Custody Issues / Re: Please Help!!
Nov 03, 2009, 10:54:23 AM
Kitty explained it perfectly, but here is an article that clarifies it even more.

http://deltabravo.net/custody/circumstances.php (http://deltabravo.net/custody/circumstances.php)
#36
Custody Issues / Re: Please Help!!
Nov 03, 2009, 09:12:56 AM
For a change in custody, you have to show a change in circumstances and how this change is in the best interst of the child.  The fact your orders are brand new will make it very diffciult for you to have any changes through the courts. 
#37
Dad1985 -
Agree with MB..how long ago was it that these charges were proven false? Also, importantly, if the judge orderered an evaluation and supervised visits, have you complied with that?   If the judge ordered that as a pre-requisite to having your parenting time reinstated, you have to comply.


SuperDad52 - the police don't know whose weekend it is which is why many times the police will not get involved. (and because it is civil).  If your agreement specifies your weekends as 1st, 3rd, 5th, etc...rather then just EOW, then the police can more easily identify which weekend is yours and may more  write a report.  Having your weekends spelled out like that in your agreement also lessens the chance of both parents claiming it was their weekend if someone is being denied their access time.   
#38
Your original post was pertinent to Columbus Day only...what does your orders specifically say about your parenting time?  If your orders do not specify the weekends you are to have your children (for example 1st 3rd...etc)...I have seen cases where it was written as just EOW that contempt was not found due to the orders not being specific and both parents claiming the same weekend was theirs due to that. EOW can be ambiguous.  Do your orders specify the weekends?  If not, you may want to file a motion to clarify your weekends. 
#39
Since your original post was in regards to Columbus Day, which passed, what did you do...did you go for them ? What happened?
#40
I think Gemini has given you great advice and there is nothing more I could add to that except one thing.  I think you seem to be handling this with remarkable grace and dignity.  If you aren't yet, I would highly suggest counseling for your and your husband as a couple as well as for you yourself.  It sounds like you are going to be in a for a long bumpy ride, with the worst yet to come.  Even if you think you have a strong grip on your feelings, there are going to be times when it sneaks up on you and hits you over the head and you won't like the way it makes you feel, the way it has (and I don't mean the baby) has invaded your life.  Go to counseling to help you learn to cope, it will give you some peace of mind having someone to talk to who is not involved.  I truly hope you find peace and all works out for you.