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Child Support Reduction or Order Modification?

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  • Child Support Reduction or Order Modification?

    Quick question for you...

    Which would be "easier" to get consented?

    1) A reduction of child support to about $30-40/month below guidelines to allow for transportation costs (we live just over 100km from where my stepson lives with his mom - she moved farther away from us last year to go live with extended family, and we moved farther the other way to be closer to our places of work) including the cost of gas and use of 407ETR.

    OR

    2) Changing the court order to include equal sharing of transportation responsibilities between parties, and keeping child support according to guidelines.

    A little info on the situation:

    The bio-mom has only gotten her license in the last two years. We have been doing all the transporting to and from visits/vacations since my stepson was born. When the bio-mom got her license, we tried to meet at a half-way point, however that only happened once before she decided that she could not be bothered to drive to meet us. She has never shared transportation, and refuses to do so (as in "If you want to see your son, you come pick him and and drop him off.")

    In court last year, the judge contemplated giving my fiancé a reduction in child support, on the basis that he had to incur ALL the costs associated with transportation. However, the only thing that prevented the judge from following through on this provision was the fact that the bio-mom was unemployed at the time, and so he felt it would not be fair to her to receive less child support.

    So, should we go for a reduction in child support, due to costs of transportation, or should we try to get shared transportation?

  • #2
    Our ex had the same attitude, "If you want to see her, you'll do what it takes."
    I think your best option is to offer an ultimatum, but not in any nasty manner. Offer the two options, meet you have way to help with the costs of access, remember the custodial parent is to facilitate access as much as possible to do other wise is contrary to the best interests of the child. Or agree to a reduced child support amount to compensate for the increased costs of access. If the judge had made any recommendations with respect to the reduced CS, call the court house and ask for the judges recommendations sheet. Generally these are had written, (often difficult to read) tidbits that the judge writes as the court session progresses. And they generally include any recommendations or suggestions in writing. If you do not ask for them you'll not automatically get them. We found out about these hand written recommendations, and when we requested copies of all previous judge recommendations in our continuing record there was alot in our favour that we filed and used later to our benefit.

    Anyway, request any judge’s recommendation sheets, particularly on the date that the judge contemplated a reduced CS in lieu of increased access costs. IF a subsequent judge sees a previous judge’s potential suggestion of reduced support they may be more likely to order the change.

    Best of luck

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    • #3
      Thanks FL. But how exactly do we go about getting the judge's recommendation sheet? Is there a from for that (as there is for everything) or do we just call up the courthouse and ask for it?

      Comment


      • #4
        I called the court house and asked that they mail any copies.
        Of course only a person named in the case can make these requests, IE your ex would have to request them either via phone or fax, and their was no cost.
        NOTE: these are not always available as not all judges provide written recommendations or have them entered to the continuing record.

        Of our 8 year court battle we had maybe 3 written recommendation sheets.

        Comment

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