Served summons, now what???

[mack14]

What is the name of your state? IN
I have two children by the same mother, one was born while we were married, the other out of wedlock while we were divroced but in a relationship. She moved out and bought another house 6 months ago. We split our finances, had a verbal agreement as far as who paid what, and all was fine for 6 months. I picked the kids up from school everyday, fed them dinner at my home everyday and returned them to their mother house everynight (I work odd hours, I go in at 2am, get off at noon) So I couldn't keep them overnights, except everyother Sat night, sunday day, and everyother Wednesday night (my night off) All was fine with no support since I fed the kids, and bought them toys, clothes, tuition (1/2) and whatever else they needed/wanted. Until**************. I moved on with my life and got a girlfrieind. Then the ex filled for support for the two kids and denied me of seeing them. So for the past two weeks I have not been able to pick them up or see them, for the simple fact that the ex is upset that I have someone new in my life. My questions is what do I do? I talked to an attorney and after 100$ for a consultation and an offer for an 800$ retianer while being billed pwer month, I was told they would try to modify the support order since I see them everyday, but can I do that without a lawyer? I'm by no means a deadbeat dad, It kills me not to see them, but I have no way to "leagally" see them until after the court date. How does this work? What do I do? She expects me to pay for a sitter while the kids are at school, but I am at home willing and able to be with them and provide for them within my own home. Please help, I want to see my kids!

 

[LdiJ]

What is the name of your state? IN
I have two children by the same mother, one was born while we were married, the other out of wedlock while we were divroced but in a relationship. She moved out and bought another house 6 months ago. We split our finances, had a verbal agreement as far as who paid what, and all was fine for 6 months. I picked the kids up from school everyday, fed them dinner at my home everyday and returned them to their mother house everynight (I work odd hours, I go in at 2am, get off at noon) So I couldn't keep them overnights, except everyother Sat night, sunday day, and everyother Wednesday night (my night off) All was fine with no support since I fed the kids, and bought them toys, clothes, tuition (1/2) and whatever else they needed/wanted. Until**************. I moved on with my life and got a girlfrieind. Then the ex filled for support for the two kids and denied me of seeing them. So for the past two weeks I have not been able to pick them up or see them, for the simple fact that the ex is upset that I have someone new in my life. My questions is what do I do? I talked to an attorney and after 100$ for a consultation and an offer for an 800$ retianer while being billed pwer month, I was told they would try to modify the support order since I see them everyday, but can I do that without a lawyer? I'm by no means a deadbeat dad, It kills me not to see them, but I have no way to "leagally" see them until after the court date. How does this work? What do I do? She expects me to pay for a sitter while the kids are at school, but I am at home willing and able to be with them and provide for them within my own home. Please help, I want to see my kids!

Ok..."modify the support order"? Does that mean that there IS a child support order but you haven't been paying?

I think its likely that you need to hire that attorney. 800.00 for a retainer is incredibly inexpensive. Of course, sometimes you also get what you pay for..

 

[Ohiogal]

A support order means nothing for visitation -- what exactly is it you want?

 

[mack14]

Ok, in the original divoce, I agreed to pay 240 per month for one child. We were only apart 6 months, I paid 240 per month all 6 months. The payments per the divorce decree went straight to the mother, no court involved. Then for the last 9 years Mother, child and myself have been living together. That is the order she wishes to re enforce, and as far as the other child, nothingh was ever established for her. My point is, If I pick tyhem up everyday after school and feed them and then take them home at bedtime (like I have for the last 6 months with no problems) Cloth them, pay half their tutiton at school, How am I ordered to pay the standard support payment based on my income? And how could they reinstate the original 240$ per month support payment in the orginal divorce? The 240$ was something we agreed on because my schedule was quite different then, and I could only have my 1 child (at the time) every other weekend, and not at all durring the week. I just need to know what steps to take to get a lower ammount of support, or no support at all since I have them 1/2 the time my ex does.

 

[Gracie3787]

Ok, in the original divoce, I agreed to pay 240 per month for one child. We were only apart 6 months, I paid 240 per month all 6 months. The payments per the divorce decree went straight to the mother, no court involved. Then for the last 9 years Mother, child and myself have been living together. That is the order she wishes to re enforce, and as far as the other child, nothingh was ever established for her. My point is, If I pick tyhem up everyday after school and feed them and then take them home at bedtime (like I have for the last 6 months with no problems) Cloth them, pay half their tutiton at school, How am I ordered to pay the standard support payment based on my income? And how could they reinstate the original 240$ per month support payment in the orginal divorce? The 240$ was something we agreed on because my schedule was quite different then, and I could only have my 1 child (at the time) every other weekend, and not at all durring the week. I just need to know what steps to take to get a lower ammount of support, or no support at all since I have them 1/2 the time my ex does.

File for a modification of the CS. You still haven't clarified if you have a visitation order or not, but if you do, you can also file to modify that. If you do not have a visitation order, you'll need to file a seperate petition for one. Without a visitation order your ex can dictate when, how and where you see your kids, so it's important to file ASAP.

 

[LdiJ]

Also, its quite likely that you may end up with a higher support amount than 240.00 a month, because this time it will be for two children rather than one. 240.00 is actually pretty low for one child.

Here is a link to the Indiana Child Support Calculator....run the numbers:

http://www.in.gov/judiciary/childsupport/

 

[mack14]

The visitation order for our one child per the divorce papers was "reasonable time" Again, that was way back in 1997, when I had different work hours and could only see my child everyother weekend. The 240$ was set by myself in the divorce, we used one lawyer. I appreciate the calculator, but my question still remains, that I see them everyday, for 6 hours after school, I feed them dinner everyday, take care of all after school functions, pay half the tutiton to school, have them 1 night everyother week, and everyother weekend, how can I be required to pay the same ammount as someone that NEVER sees there kids? Or pays for books, clothes, toys, food, insurance?

 

[LdiJ]

The visitation order for our one child per the divorce papers was "reasonable time" Again, that was way back in 1997, when I had different work hours and could only see my child everyother weekend. The 240$ was set by myself in the divorce, we used one lawyer. I appreciate the calculator, but my question still remains, that I see them everyday, for 6 hours after school, I feed them dinner everyday, take care of all after school functions, pay half the tutiton to school, have them 1 night everyother week, and everyother weekend, how can I be required to pay the same ammount as someone that NEVER sees there kids? Or pays for books, clothes, toys, food, insurance?

You need an attorney. You have an atypical situation

 

[ConcerndStepmom]

The visitation order for our one child per the divorce papers was "reasonable time" Again, that was way back in 1997, when I had different work hours and could only see my child everyother weekend. The 240$ was set by myself in the divorce, we used one lawyer. I appreciate the calculator, but my question still remains, that I see them everyday, for 6 hours after school, I feed them dinner everyday, take care of all after school functions, pay half the tutiton to school, have them 1 night everyother week, and everyother weekend, how can I be required to pay the same ammount as someone that NEVER sees there kids? Or pays for books, clothes, toys, food, insurance?

easily.. My husband (NCP) pays $525.00 a month CS, has his daughters 5-6 days a week from 7:15a to 5:30p.. every Wednesday 7:15a till 8p and EOW overnight and the alternating weekends from 7:15a - 5:30p. He volunteers at the school, feeds his daughters breakfast, lunch and dinner. Takes them to the Doctors when needed. Takes his oldest daughter to behavioral therapy weekly. They are given a bath daily and clothes laundered before taking them home. He buys their clothes and shoes. Pays for all school functions, field trips, pics. year books etc.., the list goes on.

This IS what "Parents" are suppose to do..