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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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  #21 (permalink)  
Old 04-11-2014, 01:27 PM
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Originally Posted by ringettteplayer View Post
Ok thank you! No not at all do i want to reduce it, i am afraid of a scheme he is pulling is all. I am ensuring that I protect myself from his deceit, i am anticipating him to twist the consent order around on me.

As I can predict in a few months he will try to say he has had the the children at his house every other weekend like the order says and therefore cs should be offset. He is strictly monetarily driven.

Which is fine if it were true that he did in fact have the children, however he will not comply as per the consent order states written cancellation notice which therefore makes me believe he is going to try to scam my children of their support.
Offset doesn't kick in until the 40% mark, and every other weekend never comes close. Still, it would be good to document, in case he asks for an increase to 40%. Why would a judge increase access if he doesn't use it in the first place? But to avoid he said/she said, keep a journal, keep offering access and document when he doesn't take advantage of it.
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Old 04-11-2014, 02:19 PM
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Offset doesn't kick in until the 40% mark, and every other weekend never comes close. Still, it would be good to document, in case he asks for an increase to 40%. Why would a judge increase access if he doesn't use it in the first place? But to avoid he said/she said, keep a journal, keep offering access and document when he doesn't take advantage of it.
DowntriddenDad is correct... offset will not happen if he only has EOW, unless he has all of summer vacation and Holiday's during the school year, which I assume is not the case.

When he is at EOW, that really is the lowest you can go without taking his access away completely (sure you can go to one weekend a month which is still nothing). You would still receive full cs. Your cs would not change whether he exercised the EOW or he didn't exercise any of them,
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Old 04-11-2014, 08:18 PM
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Ok thanks so much (exhales)

no the order only stAtes eow and written 48 hour notice of anticipated cancellation.

2 lines thats it.
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Old 04-29-2014, 03:39 PM
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still no sign of pop up parent! Mep can't find him either


no contact from him for nearly 2 months! Anyone have any suggestions as to why my lawyer won't suggest we serve a custody application?
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Old 04-29-2014, 03:54 PM
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Originally Posted by ringettteplayer View Post
still no sign of pop up parent! Mep can't find him either


no contact from him for nearly 2 months! Anyone have any suggestions as to why my lawyer won't suggest we serve a custody application?
What purpose would it serve?

Do you have an urgent decision you need to make that requires his attention.

Let him sink himself some more.
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Old 04-29-2014, 04:17 PM
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What purpose would it serve?

Do you have an urgent decision you need to make that requires his attention.

Let him sink himself some more.
Agreed, sometimes (most of the time) the best thing to do is nothing.
If I were you though, I would send an email on behalf of your child saying that a child needs her father in her life otherwise she can grow up with feelings of abandonment and other problems like "daddy-issues" and he will ultimately responsible. Word it better but he needs to understand at the end of the day that children really do need both of their parents and ther is a reason shared custody is the new favourite.
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Old 05-06-2014, 11:26 AM
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Thanks everyone! I have reached out several times with concerns of him abandoning them and his lack of compassion he doesnt respond well, it has resulted into how much of a ****** i am.

My question is If i wanted to move with this interim eow consent order what is the proper way? Even though the dad has very very little contact (by very little his choice) and i mean once every couple of months he requests to see the children.
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Old 05-06-2014, 11:30 AM
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Originally Posted by ringettteplayer View Post
Thanks everyone! I have reached out several times with concerns of him abandoning them and his lack of compassion he doesnt respond well, it has resulted into how much of a ****** i am.

My question is If i wanted to move with this interim eow consent order what is the proper way? Even though the dad has very very little contact (by very little his choice) and i mean once every couple of months he requests to see the children.
To be fair, if you received a message accusing you of abandoning your children and having no compassion, how would you react?

The best thing is to simply send an email saying that the kids would like to see him and would benefit from seeing him, and you would be happy to facilitate. You can mention that you are prepared to offer EOW.

Then leave it at that and leave it alone, unless and until he responds.
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Old 05-06-2014, 11:41 AM
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Yes you're absolutely correct! My apologies I did NOT say in the email he abandoned them! (but perhaps subtly implied), by the following remarks! Yes i agree if i said something as accusatory as that yes that would get the conversation off on a wrong foot for sure!! I simply emailed clearly how the children were missing him and how they look forward to seeing him and that its unfortunate that he is unable to spend more time with them and as time goes on it appears he is spending less and less time with them.....
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