Can I modify Child Support to be on condition of school?

[justsomeguy]

What is the name of your state (only U.S. law)? CA

My ex is wanting to move with her parents, and my daughter out of the country. I'm not happy about it but I'm able to visit frequently and I'm hoping to have her here during the summers. j

At anyrate, these are the things we've agreed upon and I have to put them into a child support modification but I'm not sure if there is a way to make this binding?

Currently I'm paying my ex child support, I would like to continue this as stated, but I want my daughter enrolled in a private school (ex agrees) I also want my daughter to stay with me during the summers.

I would like it be a condition of my child support that if I have evidence my daughter is not attending school, or if she does not come home for the summer, I can discontinue child support (BTW I'd be putting it in a savings for her regardless but I want to keep some leverage)

My ex is in full agreement on all of this I'm just not sure how to make it binding, or if it even can be?

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EDIT: Thanks for the responses. I guess you could say in some ways I'm controlling in that I want to have some control over where my daughter goes to school. Shes moving to the Philippians and I want her in a private school, Her mother wants to homeschool her, however I don't trust the mothers ability or resolve to effectively provide home school for her, so yes If that means I'm being controlling, I am as to protect my daughter. I am not in any way trying to get out of paying any money, I'm still planning on paying my money to the ex even when my daughters here, although beyond what I'm paying them and my bills I'm pretty broke, or else I would be doing all this with an attorney, and in the meantime it would be nearly impossible for me to enforce any type of custody order overseas.

 

[Just Blue]

What is the name of your state (only U.S. law)? CA

My ex is wanting to move with her parents, and my daughter out of the country. I'm not happy about it but I'm able to visit frequently and I'm hoping to have her here during the summers. j

At anyrate, these are the things we've agreed upon and I have to put them into a child support modification but I'm not sure if there is a way to make this binding?

Currently I'm paying my ex child support, I would like to continue this as stated, but I want my daughter enrolled in a private school (ex agrees) I also want my daughter to stay with me during the summers.

I would like it be a condition of my child support that if I have evidence my daughter is not attending school, or if she does not come home for the summer, I can discontinue child support (BTW I'd be putting it in a savings for her regardless but I want to keep some leverage)

My ex is in full agreement on all of this I'm just not sure how to make it binding, or if it even can be?

Nope. Don't think so.

 

[Ladyback1]

I would like it be a condition of my child support that if I have evidence my daughter is not attending school, or if she does not come home for the summer, I can discontinue child support (BTW I'd be putting it in a savings for her regardless but I want to keep some leverage)

Controlling much?

Regardless of whether the child attends private or public school, that child still requires financial support.
Child support is not the way to control your Ex--heck, you shouldn't be trying to control your Ex.

If the monies for private school are combined in with the child support amount, I would suggest recalculation of the amount (taking out the $$ for private school). Then writing a separate "clause" that states you will pay for private school. However, if the mom does not enroll in the private school, you aren't responsible for paying that specific amount.

Also, make sure who pays for travel, how travel is to be arranged, etc.

Personally, I think you are a fool to allow the mother to take the child out of the country. But, hey--you know mom better than any of us do. Perhaps she is the type of person who will abide by "the rules"...

 

[LdiJ]

Controlling much?

Regardless of whether the child attends private or public school, that child still requires financial support.
Child support is not the way to control your Ex--heck, you shouldn't be trying to control your Ex.

If the monies for private school are combined in with the child support amount, I would suggest recalculation of the amount (taking out the $$ for private school). Then writing a separate "clause" that states you will pay for private school. However, if the mom does not enroll in the private school, you aren't responsible for paying that specific amount.

Also, make sure who pays for travel, how travel is to be arranged, etc.

Personally, I think you are a fool to allow the mother to take the child out of the country. But, hey--you know mom better than any of us do. Perhaps she is the type of person who will abide by "the rules"...

Its not a difficult to enforce custody orders internationally as one might think. Its problematic for people who have limited financial resources, but that does not sound like its the case for the OP.

 

[rooms222]

The Philippines is a non-Hague signatory. You may want to both be cautious and consult with an attorney that specializes in these matters to see how your order would be applied in the courts of that nation. Your rights to have the child return to the United States would be limited. The previous advice to have the specific child support amount as low as possible and have the private schooling in a side agreement may be a good one, but specialized, professional help seems important in your situation.

More information here: http://www.international-divorce.com/ca-philippines.htm

 

[Zigner]

I'm still planning on paying my money to the ex even when my daughters here...

Well isn't that super special. I mean, it's not like you're doing anything different than the vast majority of parents who pay support...

 

[Just Blue]

Px Hx********************************************************.

 

[justsomeguy]

Well isn't that super special. I mean, it's not like you're doing anything different than the vast majority of parents who pay support...

@Zinger, I was under the impression that child support is calculated based on the % of time the child is with the other parent, Since mine is calculated with my daughter being with the mom 100% of the time, but in actuality due to summers it will be 83.3% of the time, you're saying it's normal for parents with 16.6% custody to pay the same as 0% custody? I didn't know that.

 

[Zigner]

@Zinger, I was under the impression that child support is calculated based on the % of time the child is with the other parent, Since mine is calculated with my daughter being with the mom 100% of the time, but in actuality due to summers it will be 83.3% of the time, you're saying it's normal for parents with 16.6% custody to pay the same as 0% custody? I didn't know that.

It makes no sense that your CS would be calculated on a different basis than reality.

 

[Silverplum]

@Zinger, I was under the impression that child support is calculated based on the % of time the child is with the other parent, Since mine is calculated with my daughter being with the mom 100% of the time, but in actuality due to summers it will be 83.3% of the time, you're saying it's normal for parents with 16.6% custody to pay the same as 0% custody? I didn't know that.

Yes, completely normal.

There's a LOT you don't know about family law and how it works. That's perfectly fine (and normal) until you try to write or propose your own terms.

 

[LdiJ]

@Zinger, I was under the impression that child support is calculated based on the % of time the child is with the other parent, Since mine is calculated with my daughter being with the mom 100% of the time, but in actuality due to summers it will be 83.3% of the time, you're saying it's normal for parents with 16.6% custody to pay the same as 0% custody? I didn't know that.

Child support is calculated on a yearly basis and then divided between 12 months...so it is paid evenly over the year rather than only when the children are in residence. Therefore every parent paying child support has to pay it even when the children are with them. The number of days that the children are with the parent paying support are included in that overall calculation.

Your support will be calculated no differently.

 

[justsomeguy]

Child support is calculated on a yearly basis and then divided between 12 months...so it is paid evenly over the year rather than only when the children are in residence. Therefore every parent paying child support has to pay it even when the children are with them. The number of days that the children are with the parent paying support are included in that overall calculation.

Your support will be calculated no differently.

Right, meaning my support should be calculated at (16.6% custody value)/12, so I should be paying less per month. It's calculated at (0% / 12mo) but again I couldn't care less about the money, and will continue to pay that and more, if everyone else is doing that, fantastic, I wasn't trying to win an award, just to establish the fact that this post isn't some attempt to pay less.

 

[Silverplum]

Right, meaning my support should be calculated at (16.6% custody value)/12, so I should be paying less per month. It's calculated at (0% / 12mo) but again I couldn't care less about the money, and will continue to pay that and more, if everyone else is doing that, fantastic, I wasn't trying to win an award, just to establish the fact that this post isn't some attempt to pay less.

Easy to understand info on CA CS: http://www.divorcenet.com/states/california/ca_art07