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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-07-2015, 12:19 AM
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Default Child support on a contempt motion?

I am asking for a change in custody and primary residence of my daughter in the upcoming contempt motion.

Currently I am paying her child support. Can I ask that this be terminated if I receive the custody change?

If I do receive the custody change can I make a request for child support or should I just not touch on the issue of support?


Also as I am requesting a change in custody can I submit a parenting plan request with how I feel the access should be? I don't want to have an over whelming amount of stuff but I also want to at least request some things that are important?
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Old 01-07-2015, 09:10 AM
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Quote:
Originally Posted by Dadx5 View Post
I am asking for a change in custody and primary residence of my daughter in the upcoming contempt motion.

Currently I am paying her child support. Can I ask that this be terminated if I receive the custody change?

If I do receive the custody change can I make a request for child support or should I just not touch on the issue of support?
I'm thinking you are best off focusing on your argument to justify the change in majority access. Then just one line that indicates you expect CS obligations to be adjusted accordingly, as in, your ex will now be the one paying it to you.

I've heard that in court you can't get anything you don't ask for, so I don't think you want CS to be left completely unaddressed. You just want to tack it on at the end as a logical expectation though, not put it blatantly at the top like it's your main priority or demand.

Quote:
Originally Posted by Dadx5 View Post
Also as I am requesting a change in custody can I submit a parenting plan request with how I feel the access should be? I don't want to have an over whelming amount of stuff but I also want to at least request some things that are important?
Having a proposed access schedule seems like a very important part of a request for a change in access. It demonstrates that you have given much thought to the change and considered the effects it would have. Show how your suggested schedule will benefit the child compared to the one she has now, and also show any plan to help her through the transition in residences.
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Old 01-07-2015, 11:29 AM
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I personally wouldn't mention CS but then again I am not familiar with your situation. If you get full custody then by default you stop paying and make another motion if she refuses to pay by offer to agreement.

I was told that CS issue should almost always be dealth with separately. Again, every case is different. In some cases adding CS to moyion to change snaps right on.
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Old 01-07-2015, 12:43 PM
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As you are again in front of a new judge, I would think your material should be as lengthy as you need it to be, append the December endorsement, letters from CAS, etc. together with your proposed parenting plan (*all indexed, of course.) And without a doubt, I would ask that if a change of custody is ordered, that the payment of child support be addressed as well.

have you had an opportunity to read http://www.oba.org/en/pdf/JudgesView.pdf
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Old 01-07-2015, 03:08 PM
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That is a great Article Mcdreamy!

I think I am fairly organized. Unfortuntely CAS can't provide me with the letter as mom made a new allegation this am. However I had a meeting with the officer who said that child could not give any details or facts when pressed at all. CAS said even with the new allegation they are not stopping access she just can't give me the letter today.

I have an very short back ground, then move into the newest issues, then the failure to purge the previous contempt, and ended with my requests and my reasons. Last page is my order sought. I have a few exhibits, the police report from a previous incident, a letter from daughters counselor, 3 short emails which mom states she will make sure i get basic access with child, her refusal to allow my access. My email that shows my attempts at access on each of the missed access dates. I also included a copy of the contempt finding which is referenced, and the most recent custody order.
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Old 01-07-2015, 03:20 PM
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Shes probably pulling out all the stops in the hopes it will halt everything. Doesnt get that shes just digging her own hole. Stupid question but does CAS ever get to the point where they have to do something about multiple "prank" calls?
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Old 01-07-2015, 03:54 PM
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I don't know if they ever do anything. They have to investigate to some degree every complaint. However they do seem to be less reactive each time. So this time they even told me that they were not stopping access even though the accusation was of an extremely serious nature.
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Old 01-07-2015, 04:16 PM
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There was a case in London Ontario where CAS was punished for believing mom and allowing her to manipulate them as part of her alienation campaign against her ex husband. I wonder if that decision will have some fall out in family law.
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