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change original order that says i have to pay if noncustodial is up on CS

Started by cbnsweetie, Dec 09, 2009, 10:13:24 AM

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cbnsweetie

My original court order is that I have to pay my ex to come see his child if CS is up to date. He has only seen my child 1 time and there are some issues with behavior problems after speaking with him on the phone. I want to prove in court, without an attorney, that the order needs to be changed, since he has proven to me, that is the only reason he doesn't see my child, is because I don't have to pay him

Waylon

This would, in my opinion, be difficult to prove, in the strict sense of the word. You can always file a motion asking for a  modification, but I'm not sure what sort of proof or evidence a judge would consider as valid in order to change the court order. Is his child support up to date, or close?

Quote from: cbnsweetie on Dec 09, 2009, 10:13:24 AM
My original court order is that I have to pay my ex to come see his child if CS is up to date. He has only seen my child 1 time and there are some issues with behavior problems after speaking with him on the phone. I want to prove in court, without an attorney, that the order needs to be changed, since he has proven to me, that is the only reason he doesn't see my child, is because I don't have to pay him
The trouble with reality is that there's no background music.

MixedBag

Quote from: cbnsweetie on Dec 09, 2009, 10:13:24 AM
My original court order is that I have to pay my ex to come see his child if CS is up to date. He has only seen my child 1 time and there are some issues with behavior problems after speaking with him on the phone. I want to prove in court, without an attorney, that the order needs to be changed, since he has proven to me, that is the only reason he doesn't see my child, is because I don't have to pay him

Actually this is quite confusing to me.

Ex won't come see the child .....because you don't have to pay EX?

Huh?

sillystring

I think she means to say that he is NOT up-to-date, therefore she does not have to pay him to come see the child, therefore he is not coming to see the child.

I guess she wants him to come see the child so she wants it taken out of the court order that she has to pay him to come see the child?

But if she wants him to come see the child, then why doesn't she go ahead and offer to pay him anyway even though he is not up-to-date on CS?

cbnsweetie

I guess I didn't say what I should have. I really don't care if he comes to see the child or not. He is calling every week and confusing the child and there is behavior problems because he doesn't come see the child. After what we went through, I don't care if he is caught up on CS or not, I shouldn't have to take the child's CS away to pay him to come see the child. Maybe this makes more since. At least I hope it does. I do feel that with the behavior issues, if he isn't gonna bother to see the child he shouldn't be calling and causing problems. It isn't fair to my child

ocean

Still confused but if you are concerned with phone calls...limit them. Let the machine or voicemail pick up and have him talk to that. If child in confused then limit the contact until the father is willing to reconnect. Why is he calling so often but doesnt want to come see the child?