Parenting Time and Support Order Questions

[ayuke]

Dear Socrateaser,

I have twins and they live with their mum. There is no Custody Order or Parenting Time order in place.

I have been keeping the kids on a regular basis every other weekend and she has been letting me keep them. Well we got in a fight and she refused me not seeing the kids and there was nothing I could do.

Also she asked the state to modify the child support that I was paying. She thinks that I make more money and I do.

Well DCS is saying that they will not give me credit based on the fact that there is no parenting time agreement or a jude order. She refuses to sign one because it will mean less money.

I am basically done doing everything under the radar and will like to file for parenting time. I wish not to fight for custody as I know that is not likely. I just want to pay my fair share of support and also prevent her from refusing to let me take the kids.

She is also working but will not let me know where she works and DCS is not finding out how much she makes.

1) I really dont have the money to get an Attoney and wanted to file a case by my self using my state's legal help for family law. Since I am not asking for custody do you think I have a good chance of getting a parenting plan in place and a modification of the Child Support? My state is Oregon.

2) Should I just go for parenting time first and then once I get that go for modification of Child Support Amount?

3) How do I get the State to take into account how much she is making?  I don't know myself but I am thinking maybe there is a form I can fill out to so that the state an initiate some form of fact finding mission.

Thanks for your help.

Best Regards!

[socrateaser]

>1) I really dont have the money to get an Attoney and wanted
>to file a case by my self using my state's legal help for
>family law. Since I am not asking for custody do you think I
>have a good chance of getting a parenting plan in place and a
>modification of the Child Support? My state is Oregon.

You must file to establish custody and parenting simultaneously. I think your chances are good to get very limited visitation, without an attorney.

>2) Should I just go for parenting time first and then once I
>get that go for modification of Child Support Amount?

You should always file for both parenting time/custody and child support simultaneously.

>3) How do I get the State to take into account how much she is
>making?  I don't know myself but I am thinking maybe there is
>a form I can fill out to so that the state an initiate some
>form of fact finding mission.

The state doesn't have to take anything into account. You must file a motion to modify in court against the other party and notify the state that the action is pending. Then you can subpoena the other parent's bank records and paystubs and such and try to prove that she's earning income.

The family court will only help you with support issues. For custody/parenting, you need a lawyer.