Ok, so I got ...her
...""Motion to modify". I will list her points, then make my remarks after each one. Tell me what you think, please.
1. That we are my daughters parents.
Ok, a given
2. That the court entered our consent agreement in '02, "pursuant to which" we agreed to allow me the "minimum number of overnights necessary to establish shared custody in order to reduce Defendants(me) legal obligation for" CS.
My thought is that the only part of this line that matters is that the court "entered" our agreement, and the rest is irrelevant, as well as being untrue.{/QUOTE]
Don't automatically downplay that, prepare to defend against it. There ARE parents who insist on shared custody in order to reduce child support. Make sure that you can demonstrate that you are not one of them.
3. That I have not "in fact, utilized all of his custody and visitation days in order to avoid having to pay his share of employment-related child care. Instead the child has been in the care of her maternal grandmother in New Mexico for 30 days during the summer. As a result, the defendant has the financial benefit of reduced obligation for child support without having to actually care for the child himself."
My thought is that this is irrelevant legally, again, as well as being untrue. I have an email from ...her ...stating that my daughter was at her grandmothers in an effort to "foster" a good relationship with her extended family. As far as my "reduced obligation", I must have been out the day she offered me a refund for the daycare payments when she wasn't paying it during the summer.
Did that reduce your daycare cost during what would have normally been your parenting time? Again, don't downplay, be prepared to defend.
4. That our prior agreement providing midweek overnights is "proving unworkable because of the adverse impact" on schoolwork, and having the "routine" interrupted by these visits is "interfering with her homework activities, which are closely supervised by her mother". She wants these to be eliminated.
Ok, after I got over laughing at that last line, this is the second time I've heard this, the first being when I mentioned that we should be getting our order "clarified": Again, I have emails from ...her ...saying that my daughter should be doing her homework at daycare, and from the teacher that say how much improvement she sees.
Ok, respond and provide evidence of that.
5. That weekends are fine because no homework is given.
No comment.6. That I "refuses to accomplish his visitation" on any Wednesdays that my daughter is sick, thereby forcing ...her
...to use up all her leave.
Again, aside form being untrue(I don't have her on Wednesday mornings, for example, but if she is sick on Thursday, or my EO Monday, I stay home with her), my thought is that this is irrelevant.
Again, don't discount or downplay this. If it can be inferred that Wednesday is your's that can work against you.
7. That I have "historically been able to get all the time he wanted for birthdays, Fathers Day, and the like", and that my recent "demand for vacation is disingenuous", and that I just want to have my daughter live at my house and "have his current girlfriend care for her, and further reduce his obligation to pay support". And also, that the reason that I do take vacations in the spring and fall is in order to take advantage of "off-peak, low fare periods of travel."
Ok, I'm not sure what being cheap has to do with anything, or how having my daughter with me for "vacation" would reduce my obligation to pay support. My thought is irrelevant. Oh yeah, the GF loved the "current" part(we've been together for 6 years)
I believe that you are in a state that gives CS credits for overnights....she is clearing trying to set the stage that you want to increase parenting time in order to reduce CS. Again, don't downplay this, respond and be prepared to defend against this.
8. That I should be "permitted to have vacation periods every summer"..."but not so she can live at his house and be cared for by a stranger". I should take "real vacations" wih my daughter, such as "taking her to the beach, to visit relatives, or on other outings."
Aside from the fact that she is now trying to tell me what to for my vacations, I don't know the relevance of any of this.
Again, she is setting a stage...
9. that I should be "provided 30 days vacation time" during school breaks every year, and that the "should be based on one week each in alternating years for Christmas and Spring breaks, as well as 3 weeks in the summer, and alternating years for Thanksgiving". Also, that AATB would have "weekend visitation" during 2 of the 4 weeks "unless he actually goes out of town" during "his vacation period."
Well, the one week at Christmas and the every other Spring break is totally normal. However, you should be getting 1/2 of the summer....assuming that the child wouldn't be in daycare during your time when the child could easily be spending that time with mom.
So, I get 30 days vacation, but she gets to tell me when and where? Not sure how the court will take this one.
Again, she is setting a stage....pay attention.
{QUOTE]10. ...Her
..."proposed visitation schedule would provide up to 4 weeks of overnights for vacation time, but would theoretically reduce" the total # of overnights "by elimination of the Wednesday overnight visitation. In practice, the actual number of overnights under Plaintiffs plan would be about the same"
Maybe I didn't go to college, but I do know how to use a calculator. Add 30, but take away 52 doesn't sound "about the same" to me.[/QUOTE}
Again, specifically respond and refute that.
11. "Since the number of overnights" would be(...She
...states
is) "less than the minimum required to support an order for shared physical custody, the parties should revert to" joint legal custody, and primary physical custody being ...hers
....
This is about money, pure and simple.
12. That we should recalculate the CS.
Again, ok, I agree.
Ok, what do you folks think?
What I think is that you are not taking this whole thing seriously enough. Mom is clearly setting a stage here and you need to properly respond to refute that. Unfortunately there ARE ncps who do exactly what mom is trying to accuse/imply that you are doing...so again, you need to refute that.
