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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 05-18-2011, 03:00 PM
Pynklipz Pynklipz is offline
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Default Shared Custody?

I'm thinking of filing for shared custody in my response to my ex's motion to change. She wanted to take our 13 yr old son on vacation during my time and I refused since she threatened to call the police on me last summer. She wanted to change the pick-up location and I refused so she passed empty threats of the cops. She picked him up without incident but I decided to stop agreeing to her 'changes' every summer and stand firm to my time with my son. She served me for increased support (which I can't afford with another ex I pay child support to, 2 little ones and a retired mother at home).

I'm thinking of filing for shared custody to reduce the support. My son already has his space at my house. He comes every 2 wks and all summer. She wants more time in the summer and flexibility for her trips.

Thoughts? Advice?
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Old 05-18-2011, 03:49 PM
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NBDad NBDad is offline
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Support is based off your line 150 amounts. Have you been increasing/decreasing it each year voluntarily or has it stayed a set amount?

If it's stayed at a set amount and your income has increased, she is justified in asking for an increase. That's the law, the child is entitled to support.

Quote:
I'm thinking of filing for shared custody to reduce the support.
If you go to court, DO NOT use those words. EVER. AT ALL. You will get destroyed in court if you try. Playing w/ custody due to money is a HUGE no no.

If you have a pick up drop off time and set schedule outlined in a court order and you are following it....then your ex is just blowing smoke out her ass. She can request a change, you disagree due to the high conflict/etc.

Until she hauls you before a court, your only response would be "I don't feel comfortable in changing the existing arrangements as I do not believe it is in $child's best interests to disrupt the existing status quo."
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Old 05-18-2011, 04:02 PM
Pynklipz Pynklipz is offline
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The Guidelines are higher than what I pay but what about my other kids? He's not suffering at all...she just wants me to cower to her every whim. She threatens to take me to court every year. I offered to increase the amount and she said she'll see...but I have to respond by tomorrow and she hasn't replied. I went to speak to her to settle this out of court on Sunday and she said she'll review it. I essentially caved to her every request but she's adamant she wants my financial statements (which I gave her) but she really wants my wife's statement. My wife tells me all the time our kids don't matter unless she leaves me and it's really sad to believe it's true!

She's already taking me to court, I just figured this was my best defense to stop her threats. She has another kid and collects less than half of what I pay from his father! My son thinks the whole thing's stupid and is willing to live with me 1/2 the time...he's 13 so does that count for something?
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Old 05-18-2011, 04:08 PM
Pynklipz Pynklipz is offline
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What about the fact I was paying the same amount of support even in times of unemployment? I was overpaying for the first 5 years, unemployed for 2 and have finally started making decent money in the past 3 years with 2 additional kids as well as my oldest son I pay support for and now she wants to take more from that!

She has no mortgage, goes on vacation with her kids regularly and I still can't afford to take my kids anywhere!
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