Is overnight visitation mandatory?

[ceara19]

According to Texas Family code, it should be reduced, but the OAG states there is not significant enough change to warrant a modification. Unfortunatley, I don't have a state agency looking after the welfare of my child.



He's already been hired for a second job and starts next week. And I'm sure the OAG will take that money into account next review too

Trust me, the Texas OAG isn't looking after the welfare of ANYONE'S child. They are looking after the best interest of the STATE. If an NCP doesn't pay their child support, guess who usually ends up supporting the kids? The state and ultimately, the tax payers. I have my own children to take care of and I personally don't feel as though MY tax money should support other people's children just because they don't know when to keep it in their pants or keep their knees together and STOP HAVING CHILDREN THAT THEY CAN'T AFFORD.

As far as modifying the child support, the OAG is only following the LAW. Even if the case wasn't with the OAG, the standard for modification remains the same.

 

[momofrose]

Huh??

How did this post get to be about child support?

D

 

[ceara19]

How did this post get to be about child support?

D

Because now they can't afford a place for the kids because he pays too much CS.

 

[CJane]

Because now they can't afford a place for the kids because he pays too much CS.

Wanna place bets on how long it'll be before we see a poster in a very similar situation, only griping because she just got divorced, has a toddler, can't afford to live on her own, and the father/ex-husband is such a deadbeat, he never even had his original kids overnight, so why should he get visitation of this one AND the first ex is stealing all of his money for CS, so she doesn't get any?

 

[momofrose]

Because now they can't afford a place for the kids because he pays too much CS.

Ok - so OP - take the kids every other weekend over night asmom requests - then after some time file for modification for c/s because he has them more than originally ordered.

You can't have your cake and eat it too!!! Either take the kids (as he should) and file for a downgrade of c/s or don't and pay the higher child support amount...JEESH!!!!

D

 

[pixel]

Ok - so OP - take the kids every other weekend over night asmom requests - then after some time file for modification for c/s because he has them more than originally ordered.

You can't have your cake and eat it too!!! Either take the kids (as he should) and file for a downgrade of c/s or don't and pay the higher child support amount...JEESH!!!!

D

I don't understand where this "less visitation = more child support". What does that have to do with anything? I've read and re-read Texas Family Code and didn't find anything about support being on a sliding scale based on visitation time?

 

[momofrose]

Typically - if he has more overnights with his kids, that is used as a a "percentage of parenting time"...that percentage is used when calculating child support. For example - if one has their children 52 overnights vs 104 overnights, the child support would be less for the 104 overnights because the courts figure costs of parenting the child in your home.

But what is your true goal here??? Is it to lower child support or to not have the kids with their father or both or what?

D

 

[pixel]

Typically - if he has more overnights with his kids, that is used as a a "percentage of parenting time"...that percentage is used when calculating child support. For example - if one has their children 52 overnights vs 104 overnights, the child support would be less for the 104 overnights because the courts figure costs of parenting the child in your home.

But what is your true goal here??? Is it to lower child support or to not have the kids with their father or both or what?

D

I don't think texas works things that way.

We don't want to take the children for overnight visits. We live with other family members and have an 11 month old. "BabiesMomma" keeps threatening that he won't see them at all if we don't take them overnight, and she has in the past accused us of abusing them when they did previously stay with us overnight. We see them every weekend instead of every other weekend.

I originally didn't mention support until people attacked me for not having adequate living quarters. But, we would like the support adjusted to the guidelines to which the state has outlined for two children as they call "before the court" and one child "not before the court" that he is legally obligated to support.

 

[ceara19]

I don't understand where this "less visitation = more child support". What does that have to do with anything? I've read and re-read Texas Family Code and didn't find anything about support being on a sliding scale based on visitation time?

There is no set "sliding scale for Texas. However, a judge can deviate from the guidelines based on the amount of time each parent spends with the child.

For example, I have my children 365 days a month, their father has them 0 days, my expenses for the children are higher because of the fact that I am responsible for their care and needs 24/7. If their father had them part of the time, my expenses would go down because they wouldn't eat as many meals here, I wouldn't be providing all of the transportation all of the time, I wouldn't need to pay for all of their entertainment (movies, skating, "fun stuff", etc.).

Since I have them all of the time, I COULD ask for up to 50% as opposed to 25%. It is rare for the full 50% to be awarded, but 35%-40% could be realistically obtained. But, it doesn't matter if it's 50% or 5%, he isn't going to pay it.

 

[demartian]

Child Care

Think about it! 2 overnights = at least 16 hours of Child Care not needing to pay for in support. 16 hours x $15 standard care = $240

Ok, that number may seem extreme, but it ADDS up and ADDS up, so the more overnights, the less needed by the ex to support them.

 

[Shay-Pari'e]

"We don't want to take the children for overnight visits."

What's the point guy's? She has made her agenda pretty obvious. Poor Kids.

 

[momofrose]

I don't think texas works things that way.

We don't want to take the children for overnight visits. We live with other family members and have an 11 month old. "BabiesMomma" keeps threatening that he won't see them at all if we don't take them overnight, and she has in the past accused us of abusing them when they did previously stay with us overnight. We see them every weekend instead of every other weekend.

I originally didn't mention support until people attacked me for not having adequate living quarters. But, we would like the support adjusted to the guidelines to which the state has outlined for two children as they call "before the court" and one child "not before the court" that he is legally obligated to support.

The children's mother (not "Babiesmomma") must follow visitation as ordered by the court. If you husband does not want the additional time, (as I have said before) he does not have to take it (forget about going for full custody in the future though). If she then withholds visitation you can then take her back to court for contempt. It is probably nothing more than a false threat on her part though.

You may "see them every weekend" but that is not parenting (per se)..overnights are usually deemed more quality parenting time with the children.

If you "do not want" them..then your husband must deal with major issues the children will feel as they get older - AND THEY WILL HAVE ISSUES when they find out mom asked dad to have overnights with them, and he said no. (whatever the reasons).

Again - you both are not thinking of the children. It's a sad thing

D

 

[ceara19]

I don't think texas works things that way.

We don't want to take the children for overnight visits. We live with other family members and have an 11 month old. "BabiesMomma" keeps threatening that he won't see them at all if we don't take them overnight, and she has in the past accused us of abusing them when they did previously stay with us overnight. We see them every weekend instead of every other weekend.

I originally didn't mention support until people attacked me for not having adequate living quarters. But, we would like the support adjusted to the guidelines to which the state has outlined for two children as they call "before the court" and one child "not before the court" that he is legally obligated to support.

It could end up being more then just a threat. I have seen many cases where visitation not being utilized on a regular basis was more then enough to modify the court order. That's how my ex ended up with NOTHING. He had the opportunity to have a stable, steady relationship with the children. He thought he would be allowed to use the visitation here & there, when it was convenient for him. He was WRONG. After he missed several of his court ordered supervised visits, I went back to court and had visitation stopped all together until such time as he can PROVE that being a good parent is his #1 priority. In order for him to prove that to the court, there is a VERY, VERY long list of requirements that he must meet before ANY visitation will be considered by the court.

After more then 5 years, he has not met ONE of the requirements and I am now in the process of having his parental rights terminated. Barring some major, catastrophic event, the TPR should be final before the end of the year. So, now you know what really CAN happen when a parent chooses not to use the time they are given with their children.

 

[CJane]

For example, I have my children 365 days a month

Holy crap! You're busier than I am!

 

[momofrose]

Right, but OP stated they are utilizing visitation as per court order and this is "additional time" (overnights) that mom wants dad to have them that he does not want. So it's a bit different.

D