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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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  #11  
Old 08-15-2016, 01:09 PM
kstart kstart is offline
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That's an idea. I'll ask. In the end, Im sure things will stay the same; week on week off joint custody. They will retroactive the support and then hopefully just take the money out if the picture.
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  #12  
Old 08-15-2016, 02:15 PM
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My ex was represented by experienced counsel and he often tried to piggy-back motions. Each and every time his lawyer was berated by the judge.

Old tactic
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  #13  
Old 08-15-2016, 02:33 PM
kstart kstart is offline
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Really! Thanks for the information! Wow trusting professionals is getting harder and harder!!!
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  #14  
Old 08-15-2016, 02:38 PM
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Quote:
Originally Posted by Links17 View Post
Why don't you just agree to no support payable and everybody would be happy
I think she's sort of stuck, he's going to seek to expand access regardless. He will need to prove a material change in circumstances for access and custody if he is seeking to change those. The simple passage of time won't be enough, he will have to show something has changed that if known at the time the order was made, it would have resulted in a different order. Alternatively, there will need to be a finding that the current access and custody order is not in the best interests of the child and a new arrangement is needed to better meet the best interests of the child.

She on the other hand, will need to prove a material change in circumstances for support, I.e., substantial change in his income and prove blameworthy conduct on his behalf for retroactive claim , I.e., he didn't provide up to date income disclosure when his income changed.

If you guys are sharing custody, the judge may not want to change child support amount if the change isn't substantial, but if he is currently underpaying support, then that could be used against him as one of the factors for custody, but he will likely consent to child support on interim without prejudice basis and seek his custody and access terms.

You decided you wanted more money, he decided he wants more time, that's just the way the game goes.
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  #15  
Old 08-15-2016, 02:51 PM
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Quote:
Originally Posted by arabian View Post
My ex was represented by experienced counsel and he often tried to piggy-back motions. Each and every time his lawyer was berated by the judge.

Old tactic

If it's a motion to change, the other side has a right to respond and make their own claims. If it's just a motion, then the other party can ask the courts to dismiss the claims and make a cross motion at the same time, both will need to be argued, as long as there is merit and procedurally correct - the case management judge can dismiss if they are procedurally incorrect before they are set for a hearing or trial.
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  #16  
Old 08-15-2016, 03:21 PM
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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  
Old 08-15-2016, 03:30 PM
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Quote:
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  
Old 08-15-2016, 04:50 PM
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Quote:
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
Quote:
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 at 05:00 PM.
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  #19  
Old 08-15-2016, 05:18 PM
standing on the sidelines standing on the sidelines is offline
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why doesn't mom do soccer on her weekends and dad on his?

Last edited by standing on the sidelines; 08-15-2016 at 05:21 PM. Reason: added a word
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  #20  
Old 08-15-2016, 05:22 PM
kstart kstart is offline
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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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