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Divorce/Child Support Decree Modification

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UpsetStepMother

Junior Member
What is the name of your state (only U.S. law)? Alabama. My husband currently pays $600.00 per month child support on his 2 minor children. Both children live with thier mother. He is not in arrears for back child support, and does have visitation with the children every other weekend, and holidays as defined by his divorce decree. When the divorce judgement was granted, both children were enrolled in a private school and attended daycare. Neither of those apply now, as the children attend public school and stay with thier grandmother in the afternoons. The divorce decree specifically addresses that both parties (my husband and his ex-wife) shall keep reasonable communication regarding the children. This also has not happened - on her part. She fails to notify him of events, sicknesses, and where the children are staying when not in her care. We currently wish to have the Divorce/Child support decree modified to meet present situations for the children (public school, no daycare). She has also failed to notify DHR of these changes in her financial situation, and continues to collect the monies for tuition and daycare. My husband, and I feel that this is illegal, and would like to know if we file contempt of court, could she possibly be made to reimburse the monies collected for these activities, when they havent applied for over 2 years ? Thank you!
 


stealth2

Under the Radar Member
It would be best if your husband created an account and posted about the situation himself. It is his legal situation, and you will not be a part of the legalities involved.

Thanks.
 

TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Alabama. My husband currently pays $600.00 per month child support on his 2 minor children. Both children live with thier mother. He is not in arrears for back child support, and does have visitation with the children every other weekend, and holidays as defined by his divorce decree. When the divorce judgement was granted, both children were enrolled in a private school and attended daycare. Neither of those apply now, as the children attend public school and stay with thier grandmother in the afternoons. The divorce decree specifically addresses that both parties (my husband and his ex-wife) shall keep reasonable communication regarding the children. This also has not happened - on her part. She fails to notify him of events, sicknesses, and where the children are staying when not in her care. We currently wish to have the Divorce/Child support decree modified to meet present situations for the children (public school, no daycare). She has also failed to notify DHR of these changes in her financial situation, and continues to collect the monies for tuition and daycare. My husband, and I feel that this is illegal, and would like to know if we file contempt of court, could she possibly be made to reimburse the monies collected for these activities, when they havent applied for over 2 years ? Thank you!
WE can do nothing; the only WE involved is MOM and DAD (because if you weren't at conception, you don't count legally in this matter).

If Dad did not file to have the CS modified when the children were placed in public school, then that is on HIM-same thing with the child care arrangements. As far as the rest: Dad can call school and get the information. Dad can call the doctor and get the information. Where the children are when not in DAD's care is NONE OF HIS BUSINESS. :cool:
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Alabama. My husband currently pays $600.00 per month child support on his 2 minor children. Both children live with thier mother. He is not in arrears for back child support, and does have visitation with the children every other weekend, and holidays as defined by his divorce decree. When the divorce judgement was granted, both children were enrolled in a private school and attended daycare. Neither of those apply now, as the children attend public school and stay with thier grandmother in the afternoons. The divorce decree specifically addresses that both parties (my husband and his ex-wife) shall keep reasonable communication regarding the children. This also has not happened - on her part. She fails to notify him of events, sicknesses, and where the children are staying when not in her care. We currently wish to have the Divorce/Child support decree modified to meet present situations for the children (public school, no daycare). She has also failed to notify DHR of these changes in her financial situation, and continues to collect the monies for tuition and daycare. My husband, and I feel that this is illegal, and would like to know if we file contempt of court, could she possibly be made to reimburse the monies collected for these activities, when they havent applied for over 2 years ? Thank you!
To be honest, 600.00 a month for two children is a somewhat modest child support amount. Your husband should do some research before assuming that his child support would be reduced without private school tuition or daycare.

Your husband certainly could not simply file for contempt because child support didn't change. He would have to file for a modification. Again, he should do some research regarding recalculating child support before he assumes his support would reduce. The last thing that you would want is for his child support to increase, so he needs to be certain going in that it really would decrease if he files for a modification.
 

TheGeekess

Keeper of the Kraken
To be honest, 600.00 a month for two children is a somewhat modest child support amount. Your husband should do some research before assuming that his child support would be reduced without private school tuition or daycare.

Your husband certainly could not simply file for contempt because child support didn't change. He would have to file for a modification. Again, he should do some research regarding recalculating child support before he assumes his support would reduce. The last thing that you would want is for his child support to increase, so he needs to be certain going in that it really would decrease if he files for a modification.
I get nearly that for ONE child in Bama. :cool:
 

Artemis_ofthe_Hunt

Senior Member
I get nearly that for ONE child in Bama. :cool:
Thing that really ticks me off about this, is that OP is expecting that Grandma, who by her admission watches the children in the afternoons, shouldn't be reimbursed for at least SOME of her time? I know that my mom, who watches mine when I'm at work on the weekends, gets gift certificates, cash and other fun stuff for her to do for herself (depending on what she's got going) in exchange for helping me out. Its not a once in a while deal here, apparently, it a regular occurance. Why shouldn't Grandma get something for watching the kids? :mad:
 

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