Child Custody & Support

[AmberScholl]

What is the name of your state? PA

My Fience's Ex-wife is trying to take his daughter from him. She will not let him see her because he hasn't paid her child support of $400 a month for the last 3 months. Because he doesn't make that much money extra. He is a truck driver who only makes on average $375 a week. Our bills each month run us about $1100. When they first got divorced they had a verbal agreement that they would have 50 - 50 joint custody. and would alternates filing the taxes claiming their daughter. they have been divorced for 2.5 years and his ex has had his daughter for every holiday except for the first christmas and has claimed their daughter for the last 2 years. and now his ex is taking him to court for full custody and is trying not to let him have any visitation. Can someone please help us. We don't know what to do?

 

[fairisfair]

well, he can start by paying his child support, this is not EXTRA money, it is his responsibility and obligation to support his child. If he can only afford you or his kid, guess who gets to go?? As for visitation, non payment of child support does not give her the right to with hold his visitation, he can file for contempt. By the way, what about YOUR income in paying your bills??

 

[AmberScholl]

well, he can start by paying his child support, this is not EXTRA money, it is his responsibility and obligation to support his child. If he can only afford you or his kid, guess who gets to go?? As for visitation, non payment of child support does not give her the right to with hold his visitation, he can file for contempt. By the way, what about YOUR income in paying your bills??

He has been paying his child support. All of it until he got this new job as a truck driver and his ex is trying to get more money from him. and about my income. I am not working due to being a high risk pregnancy with his child and we are getting married on July 10, 2006. we just want to know how much of his paycheck he has to pay to his ex for child support. By law what percent is supposed to be paid for child support. He was paying his ex 55% of his paycheck until 3 months ago when he switched jobs and started getting paid less.

 

[tigger22472]

He has been paying his child support. All of it until he got this new job as a truck driver and his ex is trying to get more money from him. and about my income. I am not working due to being a high risk pregnancy with his child and we are getting married on July 10, 2006. we just want to know how much of his paycheck he has to pay to his ex for child support. By law what percent is supposed to be paid for child support. He was paying his ex 55% of his paycheck until 3 months ago when he switched jobs and started getting paid less.

He can attempt to file for a modification but if his job change is considered to be voluntary then it doesn't HAVE to go down at all.

Any verbal agreements they have are not valid. The only thing that needs to be followed, by both parents, is a court order signed by a judge.

 

[AmberScholl]

His job change wasn't voluntary. He was a computer graphic artist making 47000 a year. He got laid off due to cutbacks in the company. But she is still trying to get more money from him. what can he do about that. he tried to go to domestic relations and file for an agreement of child support for the amount of his new job and they told him that she had to reopen the case because it was her who opened it in the first place. that is when she told him that she was filing for full custody and wanted him to pay more money to her.

 

[tigger22472]

His job change wasn't voluntary. He was a computer graphic artist making 47000 a year. He got laid off due to cutbacks in the company. But she is still trying to get more money from him. what can he do about that. he tried to go to domestic relations and file for an agreement of child support for the amount of his new job and they told him that she had to reopen the case because it was her who opened it in the first place. that is when she told him that she was filing for full custody and wanted him to pay more money to her.

He needs to file for a CS modificaiton through the courts. That is the only way to lower it. However, be prepared for her to file for full custody and with him being a truck driver if he is not home often during the week or much expect her to succeed and likely the CS will be based on his current pay. Also expect to be able to show that his last job did not end voluntarily and that he attempted to stay in that field and maintain closer to that pay.

 

[AmberScholl]

Thak you that will be alot of help to us. We already know that she filed for full custody. But this atleast will be a help to him when he files for joint custody to have his daughter on the weekends. With this new job luckily he is home every Saturday and Sunday so he can see his daughter. I also wanted to know if she has the right to file her taxes every year claiming their daughter on her taxes, and also if she has the right to not let him see his daughter on any holidays? Is that legal?

 

[stealth2]

I also wanted to know if she has the right to file her taxes every year claiming their daughter on her taxes, and also if she has the right to not let him see his daughter on any holidays? Is that legal?

All depends on what the order says. Neither is inherently ILlegal.

 

[tigger22472]

Thak you that will be alot of help to us. We already know that she filed for full custody. But this atleast will be a help to him when he files for joint custody to have his daughter on the weekends. With this new job luckily he is home every Saturday and Sunday so he can see his daughter. I also wanted to know if she has the right to file her taxes every year claiming their daughter on her taxes, and also if she has the right to not let him see his daughter on any holidays? Is that legal?

Until everything is spell out in a new court order, whatever the last one says will go.

Since she's already filed it may not be plausible to get a modification done yet or even worth it. You may as well reserve yourself that she's going to get primary physical custody of the child with dad being allowed every other weekend, every other holiday, usually a few weeks in the summer and some school breaks, as well as entitled to a weekday evening a week. It's HIGHLY unlikely he will get every single weekend. Also, expect his support to be at least the 400$ a month, if not more, depending on the figures the courts use. He really needs a lawyer for this.

As far as taxes, unless it's in the order than generally no. According to IRS guidelines the CP is entitled to the deduction. He can ask for the deduction but it's not guaranteed and since he's behind in support now that may harm him too even though it's separate issues.

Depending on PA's guidelines, after the baby is born he MAY be able to file for a modification but many times that is now allowed either.

 

[AmberScholl]

The order stated that they would divide the holidays up she has his daughter for every other holiday. Like for example she would have her christmas he would have her for new years eve. the same with the taxes. She would file the first year he would file the second year. Claiming her. But she didn't uphold her agreement she has filed both years claiming their daughter on her taxes. and the last holiday he had his daughter for in the 2.5 years they have been divorced was the first christmas and this past memorial day weekend. Can she deny him to see his daughter the rest of the time?

 

[tigger22472]

The order stated that they would divide the holidays up she has his daughter for every other holiday. Like for example she would have her christmas he would have her for new years eve. the same with the taxes. She would file the first year he would file the second year. Claiming her. But she didn't uphold her agreement she has filed both years claiming their daughter on her taxes. and the last holiday he had his daughter for in the 2.5 years they have been divorced was the first christmas and this past memorial day weekend. Can she deny him to see his daughter the rest of the time?

When did he get behind in CS? Is there a provision of such? Sometimes there is stating the NCP must be current on CS. I'm sure she will be asking to change that in any new order, that will be up to the judge. As far as that and the other stuff she is to follow the order just as he is and just as she can file contempt on lack of CS he can do the same for visitations and other provisions.

 

[AmberScholl]

the child support was current up until 3 months ago when he had to change jobs. He contacted the domestic relations and brought in copies of his pay stubs for the last year and they told him he was paying to much money to her he was paying 75% of his childs care and she was only paying for 25%. the domestic relations officer said that the amount he was paying was a completely different case and the two were seperate and that even though he was behind she legally cound not keep his daughter from him. So he filed with domestic relations to take her to court to lower the child support payments. And she filed for full custody. He would be happy with every other weekend and every other holiday. And a few weeks in the summer. Because he doesn't get that now. He hasn't gotten that at all since their divorce. That is all he is asking for is to be able to see his daughter.

 

[tigger22472]

the child support was current up until 3 months ago when he had to change jobs. He contacted the domestic relations and brought in copies of his pay stubs for the last year and they told him he was paying to much money to her he was paying 75% of his childs care and she was only paying for 25%. the domestic relations officer said that the amount he was paying was a completely different case and the two were seperate and that even though he was behind she legally cound not keep his daughter from him. So he filed with domestic relations to take her to court to lower the child support payments. And she filed for full custody. He would be happy with every other weekend and every other holiday. And a few weeks in the summer. Because he doesn't get that now. He hasn't gotten that at all since their divorce. That is all he is asking for is to be able to see his daughter.

Here's the thing that is misunderstood often. There is not this little fairy that goes around and finds all the parents that are in contempt of court orders, only the other parent can do anything about this. He should have filed contempt a long time ago due to this but he didn't. Now all of a sudden he has the ability and the time to lower his support amount because he has a different job. At this point the fact that he doesn't get to see his child when the court ordered is just as much his fault as hers.

And, if the court order said he was to pay 75% of the child care costs... then that's what he was to pay.. he was not overpaying. If he was paying her more than the court order stated then again, that's his fault. The 'domestic relations' person cannot say this if this is what the judge ordered.

Again however, do not be surprised if and when mom gets primary custody and his support is not lowered due to such. He will still have what is considered to be 'joint legal' custody however, unless he and mom just simply cannot make any decisions about the child. If she denies him visits he needs to file with the court.

 

[AmberScholl]

Here is the thing in the court order. He was to pay 50% of her care and it was to be 50/ 50 joint custody He did contact them before about the visitation. And the support this has been an ongoing battle between him and his ex. All he wants to do is to support his daughter fairly and be able to see her when he is allowed. His ex has been playing it to where she is within the law by telling him he can have his daughter and then when he calls to make arrangements to pick her up the next day she says she forgot about a birthday party but he can have her next weekend. that has been going on for the last 4 months. And he has contacted the courts about this situation and they tell him legally they can't do anything about it because she offers him a different weekend That goes on for 3 weeks then he can see her 1 weekend a month and the cycle goes on again. But because she has intentions of leetong him see his daughter there is nothing they can do. It's like she found a legal loop hole. In the court order. What can he do about that?

 

[tigger22472]

Here is the thing in the court order. He was to pay 50% of her care and it was to be 50/ 50 joint custody

And he's been paying 75% of child care why? Without a valid excuse there's nothing that can be done about that so it's a moot point.

He did contact them before about the visitation.

And he was told what? If this what equates to child support enforcement bureau in most states then they would have told them they don't deal with visitation. Which means he should have filed contempt charges.


And the support this has been an ongoing battle between him and his ex. All he wants to do is to support his daughter fairly and be able to see her when he is allowed.

Have you heard the saying "Beating a Dead Horse"? After 7 posts of repeats we get it but only HE can do something about it. Sitting around and complaining doesn't get it anything done.

His ex has been playing it to where she is within the law by telling him he can have his daughter and then when he calls to make arrangements to pick her up the next day she says she forgot about a birthday party but he can have her next weekend.

If he's entitled to 50/50 how is she denying him legally? And if she's denying him legally then there is nothing to file contempt on.

that has been going on for the last 4 months.

But yet earlier you said he's NEVER gotten the child like he was court ordered. So, either this has only been going on for the last for months or it's been going on forever.

And he has contacted the courts about this situation and they tell him legally they can't do anything about it because she offers him a different weekend

He actually had a court date with documented proof he'd been denied visitation, right?

That goes on for 3 weeks then he can see her 1 weekend a month and the cycle goes on again. But because she has intentions of leetong him see his daughter there is nothing they can do. It's like she found a legal loop hole. In the court order. What can he do about that?

It's not a 'legal' loophole and he HASN"T done all he can do. The moment he's accepted these excuses and NOT demanded his child, filed any kind of court documents or even police reports he's LET her do it. More than likely the 'advice' he was given was she offered another weekend and he accepted that. It's not DENYING him... it's compromising and that's how the court will see it whether he meant it that way or not.

Do I sound irritated? That would be because I am. You have been told what needs to be done, what should have been done and what likely to expect SEVERAL times over... the answer is not going to change no matter HOW you word it.