Converting Sole To Joint

[sandu]

The wife has sole custody for about 2.5 years after the final orders and in total for almost 4 years.
Now since the kids(5 and 7) are grown up and starting full time school I would like to have them atleast 5 days every other week.Also I would like to see JOint Custody in the orders instead of sole.

My point is that i don't want to be a weekend dad in my kids life and want to be a part of their life.Also this will give the mother some extra time to explore her career and enjoy personal life.Not to mention she is not ready for this change and won't cooperate

What are my chances I already started a motion along with an order for change in support amount as my income has been reduced to less than half.

[InterprovincialParents]

Have you talked with mom about the option?

[InterprovincialParents]

If no agreement can be reached, you need to provide a material change in circumstance to vary custody. You do have the material change for CS though.

[sandu]

yes and I did mention She is absolutely denying this access change.I even offered to shift in the same area so kids can have the same school/neighbourhood/friends.BUT as usual she is very diificult specially when it can effect her child support

[InterprovincialParents]

Sounds to me like you are just as stubborn...although the access change would not affect CS.

[sandu]

Sounds to me like you are just as stubborn...although the access change would not affect CS.

Ofcourse I will be stubborn in seeing my kids more.If there won't be any ca change then why she is not making the transition easy for me and the kids too

[InterprovincialParents]

no idea...that'd be a question for her.

[tugofwar]

Also this will give the mother some extra time to explore her career and enjoy personal life.Not to mention she is not ready for this change and won't cooperate

Is this something she has discussed with you that she needs more time for herself or are you implying this? Maybe she is content with the way things are right now or is this what you will use if it goes to court?

Have you proposed a slower increase at any point? I understand you want to see you kids more and if it's not about lower cs support then why rush it to court? She's had custody for quite sometime and not sure how far you will get if everything is still working well and there hasn't been a significant change.
She's probably seeing maybe red flags from your request.

[sandu]

Thanks For Your Input

Have you proposed a slower increase at any point? I understand you want to see you kids more and if it's not about lower cs support then why rush it to court? She's had sole custody for quite sometime and not sure how far you will get if everything is still working well and there hasn't been a significant change.
She's probably seeing maybe red flags from your request.

Another poster already told me that the change won't affect CS.Rushing to the court was for reduction in CS.I am paying support on imputed income and my income is less than half now

[InterprovincialParents]

Another poster already told me that the change won't affect CS.Rushing to the court was for reduction in CS.I am paying support on imputed income and my income is less than half now

But said other poster said that you have grounds for a motion to vary child support amounts...

[InterprovincialParents]

Why was income imputed? and what has changed?

[tugofwar]

Why was income imputed? and what has changed?

Yes, please enlighten us. How long have you had your income imputed? Do you provide her with an exchange of yearly income tax statements?

[sandu]

I was fired from my job and became self employed.She played poor,never worked ,STAY AT HOME MOm and proved it was an intentional underemployement.Nothing has changed now apatrt from the fact that my income for last 3 years is less than the half which has been imputed.So now i am under 100,000 debt,two new kids and can't afford the same amount anymore

[tugofwar]

Nothing has changed now apatrt from the fact that my income for last 3 years is less than the half which has been imputed.So now i am under 100,000 debt,two new kids and can't afford the same amount anymore

Why not then throw in the towel with the self employment and find a job where you can actually make money?
Im sorry, my ex is self employed and hiding money, etc and fighting me tooth and nail for paying the basic child support so could your ex use that you are intentionally underemployed too if you were making and agreed to the imputed income?

[InterprovincialParents]

As well, new family/children are secondary to CS, as they came along second...

I would suggest some severe budgeting and looking for a job...self-employment does not seem to be working for you, if you are 100K in debt after 2.5-4 years...and if you were already imputed due to underemployment, you will get no sympathy in the system.