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Response to a Motion to Change

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  • #16
    the way I understand it the poster has a motion to change child support to reflect income (APPLES)

    the respondent wants to change access/custody (ORANGES).

    That's the way I see it anyway. Of course I'm not a lawyer.

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    • #17
      Originally posted by arabian View Post
      the way I understand it the poster has a motion to change child support to reflect income (APPLES)

      the respondent wants to change access/custody (ORANGES).

      That's the way I see it anyway. Of course I'm not a lawyer.
      You're right, custody, access and support are separate issues. His obligation to guideline amount based on current final order and his current or last year's income is something that is in effect as we speak. If he's making more money but not paying more, then he's put his own needs before the needs of his child.

      Access and support are of course related if and only if there is shared custody in place. (40% access). Judges don't like to order child support when parents income are relatively similar. The cost of administration isn't worth the child support amount the other person would receive.

      By how much would the child support payments change if you won your case?

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      • #18
        Originally posted by kstart View Post
        Really! Thanks for the information! Wow trusting professionals is getting harder and harder!!!
        You can trust your own professional, but never trust your ex's professional!

        As for the matter at hand, it breaks down easily
        Originally posted by kstart View Post
        Im currently paying support and he made 3x as much money as I did for the past two years so Im just asking it be adjusted. His response is asking the order to be changed from week on week off to him having the child every second week and also every weekend. So Id only have the child for 10 days out of the month. Reason is because he wants to bring him to soccer on Sundays which Ive been bringing him already and already explained to him many times that I want him in soccer too and will bring him every Sunday.
        Situation at time of order:

        50-50 custody with kstart paying ex offset CS

        Current situation

        50-50 custody with kstart asking that CS be updated to reflect current incomes, which would have ex paying kstart offset CS

        Response from ex

        Instead of agreeing to update, ex wants to change access to take weekends away from kstart, claiming this is for soccer on Sundays reasons. This would change to 66-33 access in favour of ex, therefore making kstart pay full CS.


        So your response needs to be that 50-50 is best for the child and has worked fine up until the request for CS to be updated, the child needs to spend leisure time with both parents, including weekends, and you is willing and capable to do soccer on Sundays, and have been doing so all along.

        Seems straightforward to me. Now you just need to anticipate your ex's arguments about taking weekends away from you. Document all your soccer on Sunday activities!
        Last edited by Rioe; 08-15-2016, 05:00 PM.

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        • #19
          why doesn't mom do soccer on her weekends and dad on his?
          Last edited by standing on the sidelines; 08-15-2016, 05:21 PM. Reason: added a word

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          • #20
            This makes me feel allot better! Everything everyone is saying makes sense. Keep it 50/50 as it is. Let the judge figure out support. I've done my part asking to exchange notice of assessments. Being told he was in school with no money and given the run around waiting and paying. I got fooled.
            From day one Ive documented everything, he cant ask for weekends just cause.

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            • #21
              Originally posted by standing on the sidelines View Post
              why doesn't mom do soccer on her weekends and dad on his?
              I do and have been for over a year. Makes no sense why only he wants to bring him and therefor he wants weekends. Like I said I think he rather receive CS than pay it. Even if CS was a dollar. In his mind if he's receiving support he is in charge. (whole other story )

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