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Modification questions

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Raisingmaddy1

Junior Member
What is the name of your state (only U.S. law)? Washington

I am considering filing a child support modification. One of the reasons is because in our current child support order my ex receives a significant child support deduction because he moved away and he provided the transportation for the children for his parenting time which was perfectly acceptable. At the time of our last modification my ex was utilizing all of his parenting time per our court order of two weekends per month, alternating holidays, and two weeks of each summer month. For the past several years my ex has only been driving to our home town, picking the children up for a couple hours then bringing them back home only one Saturday per month. He does not keep them for his weekends or even overnight, no longer sees the children for his holidays, and on average picks one of our two children up for just two weeks the entire summer. I would like to know if his reduction in transportation should be taken into consideration for the modification so he doesn't receive such a large deduction for transportation and parenting time that he doesn't actually provide. My next question is since I mentioned the modification to him he told me he will just start taking the children per the parenting time until court is over so he can keep the deduction...do you think the courts would actually allow this or look at what he has actually been doing for the past several years? Any thoughts or opinions would be appreciated.
 


not2cleverRed

Obvious Observer
What is your goal? If your goal is for the kids to spend more time with dad, then of course apply for the cs modification. He'll start showing up regularly. Then you have no case, so it gets dropped, and 6 months later you're back to him not seeing the kids again. :rolleyes:

Perhaps it would be more effective to move to modify cs so that the travel costs are accounted for independently - you get standard cs, you contribute towards travel expenses - which only happens when there's actual travel/visitation.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Washington

I am considering filing a child support modification. One of the reasons is because in our current child support order my ex receives a significant child support deduction because he moved away and he provided the transportation for the children for his parenting time which was perfectly acceptable. At the time of our last modification my ex was utilizing all of his parenting time per our court order of two weekends per month, alternating holidays, and two weeks of each summer month. For the past several years my ex has only been driving to our home town, picking the children up for a couple hours then bringing them back home only one Saturday per month. He does not keep them for his weekends or even overnight, no longer sees the children for his holidays, and on average picks one of our two children up for just two weeks the entire summer. I would like to know if his reduction in transportation should be taken into consideration for the modification so he doesn't receive such a large deduction for transportation and parenting time that he doesn't actually provide. My next question is since I mentioned the modification to him he told me he will just start taking the children per the parenting time until court is over so he can keep the deduction...do you think the courts would actually allow this or look at what he has actually been doing for the past several years? Any thoughts or opinions would be appreciated.

Yes... once or twice. If he keeps doing this, the court will start giving the side-eye..

Which county are you in?
 

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