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  1. #1

    Default How Can You Prevent Your Ex- From Filing Too Many Custody and Support Motions

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

    The ink is still drying on child support orders that were made in the beginning of November and I just found out that my Ex has filed a motion requesting a modification of support.

    One of my two kids had something going on one weekend last month and we skipped that visit. My ex is requesting a lower percentage be used for calculation of support.

    Last month my ex said I owe her hundreds of dollars for child care but she refuses to send me the bills. She claims it's too much of a burden to send the bills and she also claims she doesn't have to prove that shes working when child care is being provided. Consequently she's asking for a flat child care add-on of a few hundred dollars per month.

    Oh, she also filed for contempt charges against me because I didn't pay the child care expenses she was claiming. I did pay the one child care bill that I was able to get myself through the school. Thankfully, that motion was denied and didn't even get a hearing.

    I have been to court 6 times this years for various issues. It's getting really old. I don't have to tell anyone here that going to court is stressful and time consuming.

    Is there anything I can do to prevent my ex from filing a motion for every little thing? I understand the threat of paying attorney's fees for frivolous litigation is typically a good deterrent, but we are both self represented.

    Also, specific to the motion I mention above. Was a good argument for not modifying orders that were just made a few weeks ago?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: How Can You Prevent Your Ex- From Filing Too Many Custody and Support Motions

    It is very much the norm for daycare costs to be rolled into child support orders. You know how much the weekly daycare costs are for your child. You SHOULD know, but perhaps do not know that nearly all daycare providers charge by the week, whether the child attends every day or not (licensing issues and number of permitted children). Therefore, you asking for a bill every week is a bit over the top. I suspect that you know that you owe her money for daycare and are attempting to dodge that by insisting that she give you a bill.

    If you habitually miss some of your visitation it would not be unusual for someone to take you back to court and ask that your parenting time credits be reduced.

    You are looking at this as she wanting to make changes when the ink is barely dry, and I suspect she is looking at this as you not following the orders when the ink is barely dry.

    You can avoid going to court by not giving her any ammo to take you to court. Like I said, you know what the weekly daycare cost is for your child. Just pay your share.

  3. #3

    Default Re: How Can You Prevent Your Ex- From Filing Too Many Custody and Support Motions

    Quote Quoting llworking
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    It is very much the norm for daycare costs to be rolled into child support orders. You know how much the weekly daycare costs are for your child. You SHOULD know, but perhaps do not know that nearly all daycare providers charge by the week, whether the child attends every day or not (licensing issues and number of permitted children). Therefore, you asking for a bill every week is a bit over the top. I suspect that you know that you owe her money for daycare and are attempting to dodge that by insisting that she give you a bill.

    If you habitually miss some of your visitation it would not be unusual for someone to take you back to court and ask that your parenting time credits be reduced.

    You are looking at this as she wanting to make changes when the ink is barely dry, and I suspect she is looking at this as you not following the orders when the ink is barely dry.

    You can avoid going to court by not giving her any ammo to take you to court. Like I said, you know what the weekly daycare cost is for your child. Just pay your share.
    You are making a lot of assumptions.

  4. #4
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    Default Re: How Can You Prevent Your Ex- From Filing Too Many Custody and Support Motions

    Quote Quoting Good Guy
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    You are making a lot of assumptions.
    Well assumptions must be made when all the facts aren't presented.

    I pay weekly for my daughter's daycare. I know how much it is for a week because it's $800 a month. My ex is supposed to pay half and never has so far. And half of unreimbursed medical. But I don't get a bill every week. I know that every Friday they take out $200 for the next week unless I have told them she will be in the hospital or I'm taking leave or something. I get a monthly bill from them so I can show my ex what he owes me.

    Is it in your divorce decree that you are responsible for half of daycare? If so then yeah you owe her a lot of money. If it's not, legally you don't owe her anything but you should be providing help with daycare.

  5. #5
    Join Date
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    Default Re: How Can You Prevent Your Ex- From Filing Too Many Custody and Support Motions

    Quote Quoting Good Guy
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    You are making a lot of assumptions.
    Ok, then if I have assumed something that is incorrect...give me the correct information.

  6. #6
    Join Date
    Jun 2010
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    671

    Default Re: How Can You Prevent Your Ex- From Filing Too Many Custody and Support Motions

    Quote Quoting Good Guy
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    You are making a lot of assumptions.
    Posters here go by what you post and their experience. Provide all of the information you want considered.

  7. #7
    Join Date
    May 2010
    Posts
    201

    Default Re: How Can You Prevent Your Ex- From Filing Too Many Custody and Support Motions

    You seem to have an issue come up about every other month.

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