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 >> summer
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Posted by Matt Allen in William Halaz III , Visitation , third party , summer , noncustodial , Nancy Shannon , moving children out of country , move out of state , Modification , Jennifer Paine , Hague Convention , decree , daycare , Cordell Cordell, PC , college expenses , Child Support , Ask A Lawyer
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Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:
- My wife won't tell me where our daughter goes to daycare. Can the court force her to tell me?
- Does our verbal agreement to modify child support have any standing in court?
- Can I force my child to come back to my state and live with me?
- How should I deal with with a Hague Convention case?
- Shouldn’t I have equal rights to see my daughter during the divorce process? Can her parents stop me?
- My support orders say I have to pay until my child is 18, but will I be required to pay any of his college expenses?
- What is a typical arrangement for summer visitations when the parents live in different states?
Question: In my divorce decree, I am given 3 non consecutive weeks during summer vacation. My ex is claiming that this time is to include my every other weekend. No where in the decree is this addressed. My take is that I am allowed both. Since this is not addressed, weekend and summer parenting time are mutually exclusive of one another, therefore my consecutive days are tied with my normal weekend parenting time. The reason there is a problem is that my ex rushed to claim weeks during the summer to keep me from having my children as much as possible. 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 Georgia. Generally, your weekend time should be addressed in the order. But in my experience, summertime that is divided 3 weeks to you and 3 weeks to her is seperate from your regular weekend time for the remainder of the summer.
Question: My ex has sole custody of our son but I get visitation as agreed upon. Past 2+ years now I have been able to have him on just about every school vacation and days off he's had, as well as 95% of summers. I have kept track of all the time I have had him the past few years and am wondering with that proof, could I get child support lowered for summers being as he lives with me, and would I have grounds to modify my visitation? Answer: I cannot answer your questions specifically to the laws of NY as I am not licensed in that State. This question is really State specific as child support varies from jurisdiction to jurisdiction. In my area you would need to file a Motion to Modify the Visitation and Child Support. Inside the support calculation you would be give a credit for the number of overnights you have each year. This credit can vary from 6% to 34% reduction in the child support.
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