What to Do if a Father Seeks More Visitation to Lower Child Support
My question involves a child custody case from the State of: California
I got DCSS in involved (Aug) when Father fell behind in payments Starting in July. I also asked for a MOD in Sept since he started working in June. In the last few months Father only has seen the kids on a average of 7-15 hours a month since starting his new job. It use to be every other weekend plus 1 night on the weekday. I feel after receiving MOD papers and maybe getting advice from his lawyer friend, Father has recently requesting to have the kids every weekend, which is unusual. Current child support is based on no income and zero time share. I have a feeling his only wanting the kids every weekend to up his hours and spend less in child support. I know him wanting the kids will be short lived, he's already saying his girlfriend will be watching them over night when he's at work for one weekend, but i told him no, and i can pick up the kids when he goes to work. My question is should I follow through with the MOD or just keep it as is? How far back will judge look at visitation hours? Any other suggestions that i might be over looking. DCSS said this can take up to 6 months since he did not respond to the papers.
Re: What to Do if a Father Seeks More Visitation to Lower Child Support
What do you mean, "should I follow through with the MOD"? If your ex- files for modification of custody, how would that be your choice?
If you're asking whether you should agree to his request, that's for you to decide.
Re: What to Do if a Father Seeks More Visitation to Lower Child Support
Re: What to Do if a Father Seeks More Visitation to Lower Child Support
Quote:
Quoting
MamaOfTwo
My question involves a child custody case from the State of: California
I got DCSS in involved (Aug) when Father fell behind in payments Starting in July. I also asked for a MOD in Sept since he started working in June. In the last few months Father only has seen the kids on a average of 7-15 hours a month since starting his new job. It use to be every other weekend plus 1 night on the weekday. I feel after receiving MOD papers and maybe getting advice from his lawyer friend, Father has recently requesting to have the kids every weekend, which is unusual. Current child support is based on no income and zero time share. I have a feeling his only wanting the kids every weekend to up his hours and spend less in child support. I know him wanting the kids will be short lived, he's already saying his girlfriend will be watching them over night when he's at work for one weekend, but i told him no, and i can pick up the kids when he goes to work. My question is should I follow through with the MOD or just keep it as is? How far back will judge look at visitation hours? Any other suggestions that i might be over looking. DCSS said this can take up to 6 months since he did not respond to the papers.
You do not have to give him every weekend. A judge would not give him every weekend, particularly when he has been spending so little time with the children. The children deserve weekend time with both parents.
Quote:
Quoting
MamaOfTwo
I’m asking for a MOD.
What did you ask for a modification for? Parenting time, child support?...and what specifically did you ask for?
Re: What to Do if a Father Seeks More Visitation to Lower Child Support
Quote:
Quoting
MamaOfTwo
I’m asking for a MOD.
So you moved to modify, dad brought his own motion in response, and you're wondering if you can dismiss your original petition and make it all go away? Not if dad filed his request properly -- all you would be doing is giving up your own request for modification.
Re: What to Do if a Father Seeks More Visitation to Lower Child Support
I asked for a modification because father started working
Father has not responded. I was asking if I should follow though with the modification and with his sudden Interest in having the kids all the time would negatively affect the amount of child support.
Re: What to Do if a Father Seeks More Visitation to Lower Child Support
Your current order is based on him having no time yet he had been seeing the children.
Why should he not have EOW and his midweek?
It seems like you are more interested in child support than him seeing your common children. Both of you should have time and contribute to providing for the children. It would be better if you come to a reasonable agreement on both. I sense that this is unlikely.
Re: What to Do if a Father Seeks More Visitation to Lower Child Support
Quote:
Quoting
OKisNotOK
Your current order is based on him having no time yet he had been seeing the children.
Why should he not have EOW and his midweek?
It seems like you are more interested in child support than him seeing your common children. Both of you should have time and contribute to providing for the children. It would be better if you come to a reasonable agreement on both. I sense that this is unlikely.
Dad is not asking for every other weekend and a midweek. He is asking for EVERY weekend. Prior to that he had every other weekend and once a week and only exercised 7-15 hours a month. Do you actually read what a poster writes before you respond?
Re: What to Do if a Father Seeks More Visitation to Lower Child Support
Quote:
Quoting
MamaOfTwo
My question involves a child custody case from the State of: California
I got DCSS in involved (Aug) when Father fell behind in payments Starting in July. I also asked for a MOD in Sept since he started working in June. In the last few months Father only has seen the kids on a average of 7-15 hours a month since starting his new job. It use to be every other weekend plus 1 night on the weekday. I feel after receiving MOD papers and maybe getting advice from his lawyer friend, Father has recently requesting to have the kids every weekend, which is unusual. Current child support is based on no income and zero time share. I have a feeling his only wanting the kids every weekend to up his hours and spend less in child support. I know him wanting the kids will be short lived, he's already saying his girlfriend will be watching them over night when he's at work for one weekend, but i told him no, and i can pick up the kids when he goes to work. My question is should I follow through with the MOD or just keep it as is? How far back will judge look at visitation hours? Any other suggestions that i might be over looking. DCSS said this can take up to 6 months since he did not respond to the papers.
So this has been an issue for five months? Fallen behind in CS 4 mos ago? And you involved DCSS after a month and filed for a mod after ~two? Is that right?
Re: What to Do if a Father Seeks More Visitation to Lower Child Support
Quote:
Quoting
MamaOfTwo
I asked for a modification because father started working
Father has not responded. I was asking if I should follow though with the modification and with his sudden Interest in having the kids all the time would negatively affect the amount of child support.
Again, what did you ask for a modification FOR? Child support, parenting time what? If you asked for a modification of parenting time, what did you ask for? Why do you not want to answer questions?