Hello,
I am new to this and seeking some advice for someone else. I'll do this in point form so it's easier.
CHILD SUPPORT ISSUES
1) Separation papers were drafted with a lawyer privately and child support was established at $1,000 month for 2 children to start effective the sale of the matrimonial home - Oct 1, 2010.
2) Separation Papers signed June 30, 2011, whereby the Husband was already unemployed - Termination letter received February 15, 2011.
3) Separation Papers accounted for the 2008, 2009, 2010 income at $70,200 and didn't take into account the husband was unemployed.
4) Husband works ad-hoc jobs here and there and lands a full-time job in August. Total 2010 income is $36,000 for 2010 and in 2011 total income will the full-time job at $43,000. Starts paying $1,000 CS to wife as of October 2011.
5) Based on CS tables, total CS should be $661 for the $43,000 salary, seeks to have current $1,000 CS decreased.
6) Confirmation of Assignment faxed and waiting on. Form 15A, Form15 completed, Form13 Fully completed with a 1 inch binder showing all assessments, reassessments, all supporting documentation to account for 2011 income at $36,000 and 2012 income from current employer (pay stub, offering letter), all assets, liabilities documented and supported, all record of job searches from Termination date to landing new position documented.
QUESTION:
Once Separation is submitted as a Court Document and then we submit Motion to change, will child support go down? And does he keep paying the $1,000 until it is approved by the court or if it goes to court? Or is he stuck to paying $1,000?
JOINT CUSTODY
1) Separation papers signed indicated 50/50 Joint Custody with alternating weekends. Nowhere does it say he is a danger to them or is the vistation supervised. [By the way, it was ONLY the wife's lawyer that drafted the separation agreement, and on the back page, it states the "separation agreement is acting in the best interest of (wife's name). Husband signed without legal counsel. Gave 100% of house to her and everything in it.]
2) Also indicates they will take into account the children's intentions and wishes whether they want to spend more or less time with the father
3) He hasn't spent weekends with the children since July 2011 as the wife keeps saying "It's up to the girls". He can't talk to them as when he calls the house, no one answers or the wife answers and says the girls don't want to talk to him.
QUESTION:
He has requested Police Enforced visitation with his children on his paperwork and completed an affidavit with supported documentation of every single phone call and text he sent to his ex-wife asking to see the kids. What else does he need to do to help his case?
Any feedback appreciated.
P.
I am new to this and seeking some advice for someone else. I'll do this in point form so it's easier.
CHILD SUPPORT ISSUES
1) Separation papers were drafted with a lawyer privately and child support was established at $1,000 month for 2 children to start effective the sale of the matrimonial home - Oct 1, 2010.
2) Separation Papers signed June 30, 2011, whereby the Husband was already unemployed - Termination letter received February 15, 2011.
3) Separation Papers accounted for the 2008, 2009, 2010 income at $70,200 and didn't take into account the husband was unemployed.
4) Husband works ad-hoc jobs here and there and lands a full-time job in August. Total 2010 income is $36,000 for 2010 and in 2011 total income will the full-time job at $43,000. Starts paying $1,000 CS to wife as of October 2011.
5) Based on CS tables, total CS should be $661 for the $43,000 salary, seeks to have current $1,000 CS decreased.
6) Confirmation of Assignment faxed and waiting on. Form 15A, Form15 completed, Form13 Fully completed with a 1 inch binder showing all assessments, reassessments, all supporting documentation to account for 2011 income at $36,000 and 2012 income from current employer (pay stub, offering letter), all assets, liabilities documented and supported, all record of job searches from Termination date to landing new position documented.
QUESTION:
Once Separation is submitted as a Court Document and then we submit Motion to change, will child support go down? And does he keep paying the $1,000 until it is approved by the court or if it goes to court? Or is he stuck to paying $1,000?
JOINT CUSTODY
1) Separation papers signed indicated 50/50 Joint Custody with alternating weekends. Nowhere does it say he is a danger to them or is the vistation supervised. [By the way, it was ONLY the wife's lawyer that drafted the separation agreement, and on the back page, it states the "separation agreement is acting in the best interest of (wife's name). Husband signed without legal counsel. Gave 100% of house to her and everything in it.]
2) Also indicates they will take into account the children's intentions and wishes whether they want to spend more or less time with the father
3) He hasn't spent weekends with the children since July 2011 as the wife keeps saying "It's up to the girls". He can't talk to them as when he calls the house, no one answers or the wife answers and says the girls don't want to talk to him.
QUESTION:
He has requested Police Enforced visitation with his children on his paperwork and completed an affidavit with supported documentation of every single phone call and text he sent to his ex-wife asking to see the kids. What else does he need to do to help his case?
Any feedback appreciated.
P.
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