Question regarding my petition

[superdad01]

I am in the process of getting a petition togther for a childsupport re-modification as well as some other issues. We currently have a order in place for child-support and parenting time. That order is now no longer relavant due to the child being in school now and my shift changes as well as both incomes have changed as well. She can now be imputed as a rn vs. minimum wage.

The attorney I have consulted confused me a bit with the petition he drafted. I have looked up salary.com and researched what rn's in my area can make.... He requested she be imputed at $20/hr  vs. the $27-$30/hr I have found..... I also called the hospital she used to work at and found out their nurses start at roughly $27/hr.

Also if the reason for childsupport to make the households equal...... She earns or can earn double what I earn..... So if I am still paying CS our households are in no way equal... Not even close.

The current order granted me daily parenting time (before the child was of school age) having 10-14 days, an when I was avaible I would still get the child on a daily basis. I was forced to go to 2nd shift back in FEB and I have been unable to use my parenting time except for every other weekend. I have been told recently that i will be going back to 1st shift within a couple weeks.

I know Michigan recently changed it's childsupport guidelines to include how much time a parent is spending with the child. It also includes how much money you spend on the child when the child is in your care. I am unsure exactly how this will effect my new order....

So My question is I guess is since I will be returning to first shift, and can once again be avaible for my scheduled parenting time should I have any trouble getting that same schedule or more in my new order?

I do not expect the FOC to imput her income to her maximum potiential... What can I do to make that happen.

I also want her to also provide medical insurance on the child just to avoid any un-insured expenses.

I also want her to provide 50% of the transportation.... (this would also help enforce our first right of refusal) Since she has not been home many times when I dropped her off.

Since I have previously missed so much parenting time I was also asking for 6 weeks in the summer (or every other week)

If missed anything in my petition that was listed in the previous order do I still have it? I want to maintain my 3 weeks of vacation for use at anytime during the year... (she does not want me to use it while child is in school)

My attorney somewhat scoffed at the idea of her paying insurance because we infact cannot prove she is making money and or is working..... He also since we are only 10 mins apart that transportation is no big deal either..... I have been doing the back and forth daily for 6 years..... I am tired of it. 40 mins on the road a day... after a 2hr comute to work daily. Also i feel the benefit is that  if she is not around to pick her up then she is not avaible and the child can stay with me.

I should be asking for everthing I can with the likely hood that I will settle the case before we let a judge have at it..... I should be asking for everthign possible just to be on a better level negotiating...

Any thoughts would be greatly appreciated.

[ocean]

Going to be hard to change most of what you said. This is why the FIRST orders are SO important to get what you want.

Parenting plan- Should not be a problem since child is in school, change the order to dismissal of school/from school to XXpm. This will enable you to pick child up from school without mom calling the shots. Change the 3 weeks to school holidays. Look at the school calendar.... They usually have a long weekend at Thanksgiving, at least a week at christmas (either get the first half to christmas, or day after christmas to school starts...rotate each year), a winter recess, spring recess (with easter/passover), and long weekends with Monday's off. Then you can request summer weeks on top of that.

Driving- Prob wont change, nothing has changed regarding this. No move on either party BUT you can request to only drop off to mom and if mom is not available child will stay with you.

Child Support- Two different things, here is will go on her last years taxes, sometimes they will use recent paystubs but you can request that she bring in her taxes so you will be able to see what she made. You can not MAKE her go full-time.
Child support is for you to help with the expenses in mom's house as if you lived there. What your child's life would be like if the two of you were together. Courts really don't care what the NCP's expenses are.

Medical Insurance- Prob wont change either. If it is ordered that you pay, that is it, especially since nothing has changed. That was what you agreed to unless there is a MAJOR issue (child has major expenses, you loose your health insurance, mom can get if for free from her job, something big...that you can prove). Ask that all copays and things that are not covered get split 50/50.

Anything that is not changed will default to the old order. It will probably state that at the bottom of the new order or you can ask to have that sentence included. DO your homework and have it typed out for your lawyer so you dont pay him to come up with a sloppy petition. If it is not in the petition you can not bring it up in court.

[superdad01]

We will have to go by paystubs... I recently took a $3.00/hr paycut. Her income however has multiplied by 4 or 5 times over.

We currently split the holidays and such. I intend on keeping my 3 weeks ANYTIME throughout the year which was in the original order. The ex however does not want me using them while the child is in school. During the last year after being derailed every attempt I actually got to use a week. I got to take her to school daily and it was awesome. She fought with the FOC and they actually sided with me... ANYTIME means ANYTIME.

Our first order was negotiated, after I already knew I would not get joint physical custody. Driving duties was something that was missed in court, I went back and got ordered to 50/50 then she paid a lawyer to go back to court and say she could not afford a car... lol. I also got her ordered to provide medical insurance as well.... He dropped that as well.... These poor single mothers.

I can't believe someone (especially a loving and caring parent) would fight the fact of providing medical insurance for their child.... That boggles my mind that the judges let this crap slide.... How can a child living with someone with no job, and no car, with no feasable way to support themselves be in the best interests of the child. I can't even grasp it.  I know If I was that parent I would be labeled a deadbeat.

I realise driving will probally not change, however if we go into negotiating mode I can drop that for something else I want of greater importance... That's the plan anyways

My fear was not being able to keep my daily parenting time that I was awarded in the first order. Like I said I had the child 10-14 days. Even for 3 or 4 hrs per day it was everyday. That's why me going back to 1st shift is so important. I did not want to lose those days.

Ok I am glad that everthign will go back to the original order. That was a main concern.

we'll see what happens...

[MomofTwo]

Regarding "I intend on keeping my 3 weeks ANYTIME throughout the year which was in the original order. The ex however does not want me using them while the child is in school. During the last year after being derailed every attempt I actually got to use a week. I got to take her to school daily and it was awesome. She fought with the FOC and they actually sided with me... ANYTIME means ANYTIME."

How is that in your child's best interest to miss school and have to make up the work??? -- especially as they get older? Sounds like you are only trying to prove you can and not really considering what is best for the child.

[Kitty C.]

MomofTwo, he can have the child anytime for a week without taking her out of school...because he lives close enough to take her to school.  Note his quote: 'During the last year after being derailed every attempt I actually got to use a week. I got to take her to school daily and it was awesome.'  I see nothing in his post that indicates he would take the child out of school if he takes that time during the school year.

Overall, it appears to me that he's thinking more of the best interest of the child than the mother is, IMO.

[superdad01]

Thank you Kitty!!!  You beat me too it.

momoftwo I think you misunderstood me. I wrote During the last year after being derailed every attempt I actually got to use a week. I got to take her to school daily and it was awesome. She fought with the FOC and they actually sided with me... ANYTIME means ANYTIME.

In talking to my attorney in my consultation he sensed that it really bothered me. The double standard. We talked about it quite a deal.... I just can't stand the fact that I am a job loss away from being a deadbeat dad. It's something I think about daily. No matter the circumstances it is what it is. The mother however don't have to worry about that label. A down on her luck mom will be nutured by the system like a newborn baby.

I know it's a losing battle bringin it up in court anyways... Especially now she is working or can work. I had to wait 5 years for this woman to get a job... Unbelievable

[MomofTwo]

You are right, I was wrong and I completely misunderstood.

Please accept my apologies.