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Modify or Add Child Support Order? What needs to be done?

Started by MissDesire, Nov 23, 2009, 01:20:35 PM

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MissDesire

My Fianceis looking to modify his child support order. He has 2 children (ages 3and 5) with his ex wife. At the time that the parenting plan was inplace the parenting time was close to 60/40 (with him having a bit morephysical time with them). Even when this part of the parenting plan wasinplace, she hardly every saw the children, nor picked them up for herscheduled time. They filled out Child Support Worksheet for WashingtonState with their divorce decree in which she would pay $445 a month,but they brought the balance to zero because she was supposedly tospend significant time with the children. Now that their oldest (5yearold) started kindergarten,  they are on the schoolschedule of the parenting plan. The school schedule is indefinite now.His ex wife hasthem every other weekend from Friday at 4:00pm to Sundayat 6:00pm, and every Wednesday from 4:00pm to Thursday morning at9:00am. That gives her a total of 8 overnights a month, half of whichshe refuses to pick them up for. She doesn't help out financially atall. She is also supposed to pay 35.2%of child care costs for day care,but refuses that as well. What would need to be done to change theorder so he canreceive child support? We were looking through theforms, but the Child Support Worksheet form has a designated spot forthe ex wife to sign atthe end, and we know that she will never sign it.And also, would he look at the forms marked "I'm the Custodial Parentwith a Child SupportOrder?" or the one"...without a Child SupportOrder"? This is all so overwhelming and he is getting upset, becauseshe won't help contribute financially he is barely making ends meet.Any help will be greatly appreciated.

Thank you.
~Miss Des

ocean

He can ask to modify the existing child support order to reflect the current parenting plan schedule. You can file at the family court house..they will give you form or type it for you (here they type it in the computer and print it out). Once you have it, they will mail you a court date ...around here ...3 weeks later (maybe longer with holidays BUT child support will/can start from the date you file not the court date....)

Print out the last year on ONE page and color in when mom had child and then a different color of when she was SUPPOSED to have the child. This will show exactly how much time she took child...convert to percentages and ask the the state guidelines be put into affect.

Also at the same time, you can put in contempt papers for not paying daycare costs. Have receipts ready. The court will help you find the form for contempt for nonpayment. Put in how much money she owes you according to the current court degree dated XXX.

Both things will be heard the same day if you file together. Ask for half of activities while you are there now that child is school age....put in child support papers