Results 1 to 6 of 6
  1. #1
    Join Date
    Feb 2014
    Posts
    20

    Default Modifying Custody After the Eldest Child Turns 18

    My question involves a child custody case from the State of: WI

    One son turns 18 soon, the other son is 16. Paperwork was received in mail to both of us to modify child support if we want, since there is a child turning 18. I emailed father and asked him if he wanted to agree to someething or go to court about it. He said he would rathe go to court. I then emailed again and asked if I could have more time with the 16 year old. (Father has 69/31 custody) He said there was no change in circumstances and that he already gives me more time a lot.

    Now, I really didn't want to go to court. I thought we could finally just agree on something. It has been 3 years since the order and in those 3 years I have been given much more time with our kids than the court order states. Order is 31% but I have had as much as almost 40% of the time. This past year I was short by 47 days, otherwise it would have been 50/50. Since we already have to get the child support modified, would it be in my best interests to file a modification of time as well? If I am getting more time, I would like to get it in writing also so the child support is reflective of that time. It seems I have been paying an extra $150/200 a month if you factor in the extra days I have had with the kids. I would love to ask for 50/50. Would that be feasible since I have already been getting more time or no?

    Thanks for your help in advance. I am sure there will be follow up questions too.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Modifying Custody After the Eldest Child Turns 18

    By your own admission you only want more visitation to pay less support. I don't see this going in your favor but you can try.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Modifying Custody After the Eldest Child Turns 18

    Dad should go to court.

    He obviously knows the score - smart Dad

    Mom, you really should plug the numbers in before you go any further. While the time-share can change things, you best make sure you're not going to look foolish by placing too much focus on the time-share.

  4. #4
    Join Date
    Feb 2014
    Posts
    20

    Default Re: Modifying Custody After the Eldest Child Turns 18

    Um no I want the extra time I get with our son set in stone so the father doesn't all of a sudden say no sorry you are not getting him. And yes I do want the support lowered. Considering I pay support, have our son almost half the time, AND provide clothes and food to take back to where his father resides since nothing is ever bought for him, plus I have other children. Me getting more time is fine with hm per plenty of emails, but when it comes to putting it in the court order, he says no. Gee, I wonder why?

    I have asked the father several times to put the extra time I get into writing and he refuses. So now that child support has to be changed anyways, I figure well might as well get it in writing too for our other son.

    I have done the time share thing and plugged the numbers, either way the amount goes down.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Modifying Custody After the Eldest Child Turns 18

    UM...you wrote this.

    He said he would rathe go to court. I then emailed again and asked if I could have more time with the 16 year old. (Father has 69/31 custody) He said there was no change in circumstances and that he already gives me more time a lot.

    Now, I really didn't want to go to court.
    Did you forget what you'd written?

  6. #6
    Join Date
    Feb 2014
    Posts
    20

    Default Re: Modifying Custody After the Eldest Child Turns 18

    No, two seperate issues. I have sent 3-4 emails since October asking for more time with our son. No response. Then we get a child support thing in the mail saying it needs to be modified since our other son turns 18. Based on his decision to go to court for the child support I then said I will be asking for more time then too since I have had no response for months on that issue. The support doesn't matter to me. Either way I am paying less than I do now no matter what the outcome, I get more time with our son or not. I am happening to file both things at once though instead of filing later. Killing two birds with one stone. It would come up anyways in the child support hearing since the father has deviated against the original court order. I just want the time set in stone. This way I know for sure I get to spend time with my son and not have it dependant on if the father has his period or not that day.

    1. Sponsored Links
       

Similar Threads

  1. Modification of Custody: Modifying Custody Due to Child Abuse
    By pnolan69 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 04-29-2013, 10:58 PM
  2. Modification of Custody: Modifying Custody Based Upon Abandonment of a Child
    By RayneX in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-17-2012, 03:27 PM
  3. Modification of Custody: Modifying Child Support Based Upon Change in Exercise of Custody
    By etoy in forum Child Custody, Support and Visitation
    Replies: 10
    Last Post: 04-04-2012, 03:30 AM
  4. Custody and Visitation After Child Turns Eighteen
    By vortracker in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-19-2010, 04:40 PM
  5. Custody After Child Turns 18
    By SCM501 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 06-20-2008, 06:50 AM
 
 
Sponsored Links

Legal Help, Information and Resources