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  1. #1
    Join Date
    Feb 2011
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    Virginia
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    604

    Default Re: What's the Definition of "School Age" in a Custody Order

    I think we're putting the cart before the horse here discussing how mom should file for support when she's not the custodial parent - neither before nor after the child "becomes school age," whenever that is determined to be. She needs to sort that issue out first. No one has asked whether she is paying support to dad.

    Honestly, it doesn't seem like either of these parents want the child that much. I'm not convinced a judge would or would not change custody given mom's attitude and dad's as mom has presented it. I wonder what dad's side of the story is here.

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: What's the Definition of "School Age" in a Custody Order

    Quote Quoting FatherWhoWon
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    I think we're putting the cart before the horse here discussing how mom should file for support when she's not the custodial parent. She needs to sort that issue out first. No one has asked whether she is paying support to dad.

    Honestly, it doesn't seem like either of these parents want the child that much. I'm not convinced a judge would or would not change custody given mom's attitude and dad's as mom has presented it. I wonder what dad's side of the story is here.

    I am not entirely sure that I agree with you on the "custodial parent" part. At least in this scenario. Dad's own attorney doesn't appear to be willing to take a firm stance on anything which would lead me to believe that their order is open for interpretation.

    I think that mom really needs to consult with an attorney to review their orders and give her an opinion.

  3. #3
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    Feb 2011
    Location
    Virginia
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    604

    Default Re: What's the Definition of "School Age" in a Custody Order

    Quote Quoting llworking
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    I am not entirely sure that I agree with you on the "custodial parent" part. At least in this scenario. Dad's own attorney doesn't appear to be willing to take a firm stance on anything which would lead me to believe that their order is open for interpretation.

    I think that mom really needs to consult with an attorney to review their orders and give her an opinion.
    According to op, the order says that she has the child on Thursday and Friday once he is school age. She currently doesn't have the child at all during the week. Neither time share says mom is or will be custodial parent. So unless she gets that changed, all of this talk about child support is moot. Not sure why it became such a focus anyway, except that money and making sure dad takes as much of the burden of caring for the kid as possible seem to be ops biggest concerns.

    According to mom, dad thinks mom should have to take Thursday and Friday since the child is now "in school" and mom thinks dad is trying to shirk his responsibilities and should still have to keep the child on those days since "school age" is 5 in her understanding of Texas law.

    Neither parent actually wants the kid on those days. "You should file for child support" seems like the last thing I'd think op needs to hear.

  4. #4
    Join Date
    Oct 2014
    Posts
    6

    Default Re: What's the Definition of "School Age" in a Custody Order

    To think that I came here in order to get help from people who have experience in family law is one thing but to come on here and to be insulted by someone named "FatherWhoWon". I am a single mom working 40 hours a week with two children with autism and get no support from a cheating and abusive ex-spouse. If I didn't want my children I would just have walked away when the divorce happened. What my ex is proposing is that I basically take responsibility of our youngest child (both physically and financially) and still maintain my current bills, mortgage and food. It's impossible on what I am making currently to pay for any daycare and as it is the program I have my middle son is wouldn't give me assistance because of the wording in my divorce. Please refrain from making judgement that I don't want my children. I work hard for my children and have sacrificed a lot in the last three years given my ex-husbands antcis.

    I'm sorry that whatever situation you went through but I am trying to keep my job and my children fed and housed. IF you really need to know more about my ex husband...he's the one choosing to keep his current lifestyle rather than having custody of his child.

    - - - Updated - - -

    Quote Quoting FatherWhoWon
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    According to op, the order says that she has the child on Thursday and Friday once he is school age. She currently doesn't have the child at all during the week. Neither time share says mom is or will be custodial parent. So unless she gets that changed, all of this talk about child support is moot. Not sure why it became such a focus anyway, except that money and making sure dad takes as much of the burden of caring for the kid as possible seem to be ops biggest concerns.

    According to mom, dad thinks mom should have to take Thursday and Friday since the child is now "in school" and mom thinks dad is trying to shirk his responsibilities and should still have to keep the child on those days since "school age" is 5 in her understanding of Texas law.

    Neither parent actually wants the kid on those days. "You should file for child support" seems like the last thing I'd think op needs to hear.

    I apologize for misleading everyone on the custody terms. My divorce actually states that I have custody of both my children five nights out of seven. My ex husband has custody from Monday morning until Wednesday evening. He has custody of our youngest during the days on Thurs and Friday while I am at work.

    And again, it's not that I don't want my children. I love my children but in order for me to upkeep my mortgage, my bills and put food on the table I have to work every minute I can. This issue would literally either cost me to lose 16 works hours or over $400 in daycare expenses in which I can't afford.

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