Modifying CS - Ex still not working

[pw7285]

Back in 2004 we separated and my ex and daughter moved to Iowa.  I live in AZ and have been paying CS ($1100/mo) through the clearinghouse since that time without fail.  Initial calculation included child care for my daughter, then 4, that she never went to and my ex working part-time at $10/hr after she got settled which she agreed too.  In our parenting plan, I was to pay for travel expenses for myself and daughter until mom got a job then we would share expenses.  My daughter is now 12, I am still paying the same amount and mom still is not working for various reasons.  Back in Sept 2011, mom decided to pull my daughter out of public school and home school which I didn't agree with but she did anyway.  She is the CP but we have joint custody. About 16 months ago I had to take a position that paid $20K/year less but I didn't adjust the CS because I didn't want my daughter to be affected.  I also pay for all of my daughters medical, dental and vision coverage as well.


Now, due to financial reasons and my new position I am unable to see my daughter as often as I used to.  Historically I would see her every 8-10 weeks both there and here in AZ.  I would like to have my daughter here with me for my next visit (she hasn't been here since March 2011) but my ex will not allow her to leave.  She says, if I want to see her I can go there.  Well since I have to pay for flight, hotel rental car and other expenses it isn't possible at the moment.  Having here here with me eliminates the need for hotel and rental car which after a week could be ~$1000. She isn't required to help pay for travel at this time and I am entitled to have my daughter here in AZ 2x a year. I think she is in contempt at this point.

So my question is, if I petition to modify CS based on my current salary, what do I put down for her if she isn't working?  Is there a default of PT at min wage or just $0? 


Obviously I think my ex is being unreasonable in trying to control the situation.  I just want to see my daughter and she is keeping that from me unless I see her there...under her terms.


Thank you.


PW7285

[superdad01]

I guess it just depends on what the order says. The ex can't say when and where you spend your time with child, but you also can't leave the state etc without approval. So I would say you have to petition the court and due to your circumstances get your parenting time adjusted. so you can take child.