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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> joint
Sep 06
2009

Ask a Lawyer: Child support and remarriage

Posted by Dads Divorce in remarriage , NY , Modification , Maintenance , joint , custody , Child Support , Child Support , Ask A Lawyer , adjustment

Question:

I have been remarried for a year and my ex-wife is getting married next week. I was required to increase my child suuport in April because my ex-wife was fired from her job. A week later she bought a 3 bedroom house. The man she is marrying has 2 sons who now share a room with my son. Before we were married my children each had their own bedroom in a 2000 square foot house. Now my son must share his room with 2 boys who are 6 years younger than him. I have a 4 bedroom house where my children each have their own room. Can a file for a reduction in child support since my children are not living in the manner they were accustomed to or can I file for primary residence.? We currently have joint custody and she has primary residence. I want to support my children but I don't feel my7 child support should have to pay for the other 2 boys.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New York. It will be difficult to modify child support now so quickly after one modification was entered. you have to show the change that has occurred to change child support, and that would not be including their actual living environment.
Jul 06
2009

Ask a Lawyer: Ex-wife's spouse's income in calculating support

Posted by Dads Divorce in remarriage , OR , Modification , Maintenance , joint , custody , Child Support , Child Support , Ask A Lawyer , adjustment

Question:

My ex-wife purposely doesn't work in order to receive additional child support and submit only the Oregon state basic minimum wage of $1299/mo, however, her husband's income is approximately $4,000/mo. Does this factor in at all when calculating child support? And does the fact that she arbitrarily infringes upon my visitation (ruins it by suggesting "options" to coming with me to my small children, i.e., play with the cousins instead, etc.) on a now regular basis affect what I pay?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Oregon. Generally a new spouse's income does not come into play in determining the amount of child support. In general her interfering with your visitation will not give you any right to request a reduction of child support.
Nov 29
1999

Ask a Lawyer: change in custody

Posted by Dads Divorce in Visitation , Visitation , Parenting , MI , joint , custody , custody , Ask A Lawyer , 50 Percent

Question:

My ex wife currently has custody of our 14 and 10 year- old children. I get them every other weekend. She pawns the kids off to to her family members when she is supposed to have them. What are my rights as the father ? I pay 75% of my pay 1612.00 salary a month for support. I would like to have 50/50 custody of the kids, could I get that changed? My kids are missing school assignments and are becoming emotionally detached. I feel they need a more family oriented atmosphere where they are monitored, and loved and cared for.

Answer:

I am not licensed in Michigan. Laws regarding custody modification will differ from state to state, so you should also consult an attorney in your state. The best way to get 50/50 custody is to establish a pattern of having the kids 50% of the time. If the kids are spending time with relatives and friends during your ex's time, insist that they stay with you instead. There is no reason for them to be with others when they can be with you. Keep a calendar of the time you have them. The more time you have them the more likely you will be able to modify.
Nov 29
1999

Ask a Lawyer: Visitation and Legal Custody Regarding Education

Posted by Dads Divorce in Visitation , Visitation , sole , school , Parenting , legal , joint , GA , education , custody , custody , Ask A Lawyer

Question:

Dear Sirs: My Ex-wife and I have joint legal and joint physical with her as the primary. My days are every Tuesday pm through Friday pm of every single week. My work schedule allows me to spend that much time with my son. I am off Weds, Thursday, Friday; 4 on and 3 off in the aviation industry. This is stated in our divorce decree that get him on all these days specifically. It says that we make all decisions together but in the event that we don't agree the mother shall have the final decision making authority. We were divorced when my son was 1 and he is now currently 4. I had him exactly 172 days in the calendar year 2004 including overnights. So as you can see I spend a lot of time with him. We are in a disagreement on Pre-K. She wants to enroll him in the Georgia state funded Pre-K in her county which is an hour away. To stay enrolled in this he would have to attend 6.5 hours of Pre-K, 5 days a week. Of course, this causes a problem for us because of the commute everyday to and from his daycare. I feel like that much time in a daycare is way too much, and why would I do that when I am off and can stay with him on those days? I told her that I did not agree with that and on my days he would be with me instead of Pre-K, and we would be doing our Pre-K material from home. He attends daycare already on Mondays and Tuesdays on her days because she works Mon-Fri 8-5 with weekends off. If he attended this pre-k program and I went to an every other weekend father that would put him in pre-k/daycare at about 50-52 hrs a week because she cant pick him up till after 5 pm! What advice can you give me? I have tried to get her to let him go to a private pre-k in my county and I would pay that on top of my 17% child support. She said "no". I tried the home school angle on my days; she said "no" She is basically forcing me into every other weekend unless I just go get him from pre-k anyway on my days. Do you think the courts or a judge would look at the state funded pre-k as educational or daycare? I even have a clause in my decree that in the event that the child is placed in daycare then the other parent shall have the opportunity to get him first! I am the next best thing to a stay at home mom, and she knows that! I have all the time to get our son to and from school during the week, but she wont let him go in my county because she feels that she would giving up custody if he goes to school where I live. She is very work-orientated and would rather place him in this pre-k/daycare instead of giving him the time with his Daddy just because its in her district. The state funded pre-k is free so it is actually saving her money by putting him in this and then in turn she pockets more of my CS. That is what I feel is the real reason for wanting to enroll him in this program. In know what shape or form do I feel like this is in the best interest of our son. I am down to my last resort, and that would be sell my house and leave my family and move to her county. Something I am really not to keen on doing because there is no guarantee that she is going to stay there. My son loves seeing me, he expects to see me every week. He calls our house "home" and her house "his mommy's". I am at my wits end here guys. I am logging days and waiting for July 2006 when HB 221 goes into effect (Modification of Child Support Guidelines for Georgia). I feel if the money is no longer an issue then she wont want to bother with putting up with him. It is all about the money with her, and I feel like I cant do anything about it.

Answer:

I am not currently licensed in GA and cannot answer your question specifically to the laws of that State. Your problem is how legal custody is defined in your decree. Someone may have titled that provision "joint legal", but in reality if she is making the final decision that is really sole legal custody. Due to the legal custody situation in your decree and her making the final decision, she can place your son in that preschool. The judges in my jurisdiction consider preschool to be important and will allow her to make the placement in most situations. What I suggest is filing a modification for true joint legal custody that states the parents will "confer, consult and agree" upon decisions. It would be a difficult case at this time as you are already in a major disagreement about a fundamental legal custody issue...the education of your child. Even if this issue is resolved, the same problem would arise when your son begins kindergarten. Some resolution needs to me made before the start of real school.
Nov 29
1999

Ask a Lawyer: Visitation time at school during lunch

Posted by Dads Divorce in Visitation , Visitation , VA , school , Parenting , lunch , joint , education , custody , custody , child , Ask A Lawyer

Question:

I live in Southwest Virginia and have a court order that says that I have weekend visitation with my son every other weekend. I have always eaten lunch with my son once a week since he was in school. After an argument with my former spouse I found out that she went to my son's school and gave them the order and suggested that I should not be able to see my son during lunch because it does not say it in the order. We have "joint custody" and now the school will not even let me on the property to each lunch with my son. They will not even allow my parents or brother to each lunch with him. They said that if I could not eat lunch with him that they feel that my family cannot either. Can this legally be done?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Virginia. It certainly depends on what your Order states. In general, physical custody time is specifically outlined in your Order and unless there is agreement between the parties to the contrary, the court Order controls. For example, if your ex has custody on Mondays and Tuesday, and you have custody on Wednesdays and Thursdays, you should be allowed to have lunch with you son on your days. The fact the child is in school during your custody time does not mean that she makes sole decisions because he is in school, or that the school has "custody" during those times. The wording in your decree is important in clearing this up since the school apparently has interpreted your decree according to what your ex-wife has presented to them. You should consult with your attorney to make sure the wording allows you to have lunch with your son. Once you have confirmed this, the school should be contacted to clear up the matter so you can resume having lunch with your son.
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