Custody change

[Diana777]

hello,
I am primary parent and want to relocate to Florida. Without removing the children, since their preference is to remain in NJ where are all their schools, activities and friends. In this case custody should be rearranged, I would need an advise where do I begin, what forms are necessary, etc. Thank you!
Diana

 

[stealth2]

hello,
I am primary parent and want to relocate to Florida. Without removing the children, since their preference is to remain in NJ where are all their schools, activities and friends. In this case custody should be rearranged, I would need an advise where do I begin, what forms are necessary, etc. Thank you!
Diana

You and Dad could file a stipulated agreement to change custody and child support.

How old are the children? Do you understand how the distance will change your involvement in their lives? How do you plan to mitigate that?

 

[Diana777]

Thanks for prompt response. Yes I'm fully aware that it won't be the easiest plan, this is a big change. Although we already discussed that and kids are well acustomed spending strechy time with one parent then going to the other. They are 9 and 12.

 

[stealth2]

Thanks for prompt response. Yes I'm fully aware that it won't be the easiest plan, this is a big change. Although we already discussed that and kids are well acustomed spending strechy time with one parent then going to the other. They are 9 and 12.

So what sort of parenting time plan do you have in mind?

 

[Diana777]

Perhaps school holidays and half of summer is the most logic choice.

 

[wavehopper27]

You will also have to pay child support to dad and will probably have to cover all costs associated with transporting the kids to and from dad's for visitation.

 

[tuffbrk]

Here's a link to NJ courts self help center

http://www.judiciary.state.nj.us/prose/

 

[Diana777]

Diana777

I know that I will have to pay child support and I'm ready to do so. Not like their dad in arrears 400k as for today. Anyways I just need to adjust the custody and I'm sure it's not overly difficult since I'm not removing the children from the state. Thank you everyone for your opinion, advice and time. I will look into that link right now. Thanks again!

 

[Silverplum]

I know that I will have to pay child support and I'm ready to do so. Not like their dad in arrears 400k as for today. Anyways I just need to adjust the custody and I'm sure it's not overly difficult since I'm not removing the children from the state. Thank you everyone for your opinion, advice and time. I will look into that link right now. Thanks again!

If he's that far in arrears of court-ordered support, then there's no way you should pay him. If he files for CS, request that your support payments be deducted from the amount of his official arrears. Be prepared to provide proof.

 

[stealth2]

Let's get down to brass tacks - why would you move so far from your (young) children?

 

[single317dad]

After running a few numbers into the NJ support calculator, it's clear that Dad's net income (after taxes, allowable deductions, any other support or alimony obligations, and insurance on the kids, if applicable) is at least $6000 per month. That's the number assuming $0 income for Mom and support ordered and unpaid every single month for 21 child-years (9 + 12). Given that information, it's probable that Dad's disposable income is significantly higher than $6000/mo. Of course, that assumes a guideline support order.

Some of that money needs to go toward a few hours with an attorney who can quickly draft the petition and associated documents you need. There is no "form" for this action.

 

[Proserpina]

Let's get down to brass tacks - why would you move so far from your (young) children?

Why does she have to explain her reasoning?

We consistently harp on parents who want to take the children with them but this Mom isn't doing that. She knows what's in store. I'm not understanding why her reasons are even relevant to the thread.

 

[LdiJ]

I know that I will have to pay child support and I'm ready to do so. Not like their dad in arrears 400k as for today. Anyways I just need to adjust the custody and I'm sure it's not overly difficult since I'm not removing the children from the state. Thank you everyone for your opinion, advice and time. I will look into that link right now. Thanks again!

Part of any agreement should be that any child support you would owe to dad, would be deducted from the arrearages that he owes you, rather than you actually having to pay him actual money.

If dad will not agree to that let it go before the judge and ask the judge to order that. In fact, I would argue that dad should pay all of the transportation costs for visitation out of the arrearages owed to you as well...and I would ask for at least one weekend a month in addition to most of the summer and every other major holiday.

I am sorry but 400k in arrearages is enormous and that changes the picture entirely...in my opinion.

 

[Proserpina]

Oh hell's bells - I read it as $40k (which still isn't pennies).

Four hundred thousand dollars? In back support?! Well, he just blew Zig's ex right out of the water.

(Seriously? That CS payment is more than our monthly INCOME for crying out loud!)

 

[wavehopper27]

FOUR HUNDRED THOUSAND DOLLARS???????????

Why is he not in prison?

I know it's common belief that moving the kids out of state is not necessarily in their best interest. In this case, I could not fathom leaving my kids in the care of a person who has shown such callous as to amass such an astounding child support debt. He clearly cares for himself more than his children. Others may chastise my stance but I firmly believe that you should ask the court for permission to take your kids with you. He hasn't cared for his kids thus far, I see no reason he will now.