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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 03-17-2014, 09:01 PM
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Default Variation in child support-settlement conference

Hi everyone. My first time posting.
Going to a settlement conference in May. Main issue is that I am asking for guidelines amount of support for my 2 children. 2 years ago, I had agreed to less because he lives 9 hours away by car and I was trying to be nice (I know big mistake). At that time he was seeing them every 4-6 weeks. Of course, a few months after the SA was signed, it dropped down to 3-4 months in between visits so I asked for the full amount. He said no, won't pay any special expenses and here we are. At the case conference, the judge said it wasn't written in the SA how often he was to visit them. He flat out lied in court. I never thought I had to put that in there-is that normal to say you will see them monthly? Just wondering what I can do to support my claim? Also he says I am "poisoning the kids" against him as they don't want to talk to him (teenagers), which makes no sense because several times I drove them halfway up to see him, even drove them to TO after he had surgery. Any advice? Thanks.
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Old 03-18-2014, 12:26 AM
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Do you have a material change of circumstance clause attached to your child support claim? If so, I would argue that there has been a material change in circumstance that now would allow you to change the child support amount to full table (ie. he no longer sees them on a frequent basis and therefore does not need to pay for gas/travel time etc) as this was the founding principle that allowed him to pay less than full table in the first place. Does your separation agreement clearly state that he will not pay full table or was this a verbal agreement between you both? I am not sure what relevance section 7 has to this issue if your agreement states that he will pay his portion of section 7...are there other clauses in your agreement regarding limitations to section 7? As for "poisoning the kids" ...what is his proof? Parental alienation (if that is what he is proposing) is a serious accusation and can not just be stated willy-nilly. Use facts to support your claim...forget about the he said-she said. Facts win a case and make you credible. State the objective facts of how you have supported his involvement with the kids (assuming that you have). Maybe think about sending a Request to Admit...outlining what you state are the dates of visitation that he has seen the kids, the times that you drove the kids to see him etc. See if he agrees or refutes it. Send it soon...they need to have a full 20 days (I think that is right...don't quote me) and if they do not respond it is deemed to be true. See what other members on this forum say. This is just my opinion.
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Old 03-18-2014, 07:49 PM
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Yes have the material change clause as well it states why I agreed to less support. It doesn't say that the visits were to be monthly as I believed he would continue to see them at the same frequency. Thanks for the advice-I can certainly compile the dates of access. Some people advised me to force the kids to talk to him and see them-last night I handed them the phone when he called and my youngest-14 was not happy with me.
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