Visitation Credit??

[brennonsdaddy05]

What is the name of your state (only U.S. law)? Florida is where the case is at because my son predominantly resides there but I am located in California.

I just recently went through a divorce, custody and child support case. I was never told during mediation by my then attorney or the mediator about a possible visitation credit. Now, my ex-wife is telling me she knew about it.

Since I am an out-of-state parent and we agreed to every other month I have my son for 10 consecutive days. Of course, travel expenses are on me. My ex-wife and I are both low income. I am now paying her $260/bi-weekly on top of the travel expenses. I just saw on the MyFlorida Website that I can petition for a visitation credit. Would this qualify to my situation? I pay my ex-wife $260/bi-weekly, at least $750 in travel expenses every other month, and have very little money to survive left after that. My monthly net income on my financial affidavit is $1800 and hers is $1200. Also, in our mediation agreement for me to have him for the 10-consecutive days I have to take off work, so that is reducing my income significantly. Help please....any advice is appreciated.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Florida is where the case is at because my son predominantly resides there but I am located in California.

I just recently went through a divorce, custody and child support case. I was never told during mediation by my then attorney or the mediator about a possible visitation credit. Now, my ex-wife is telling me she knew about it.

Since I am an out-of-state parent and we agreed to every other month I have my son for 10 consecutive days. Of course, travel expenses are on me. My ex-wife and I are both low income. I am now paying her $260/bi-weekly on top of the travel expenses. I just saw on the MyFlorida Website that I can petition for a visitation credit. Would this qualify to my situation? I pay my ex-wife $260/bi-weekly, at least $750 in travel expenses every other month, and have very little money to survive left after that. My monthly net income on my financial affidavit is $1800 and hers is $1200. Also, in our mediation agreement for me to have him for the 10-consecutive days I have to take off work, so that is reducing my income significantly. Help please....any advice is appreciated.

Since your order was issued recently you might not be able to file for a modification yet. Although there are certain situations where the order could be clarified if needed. The best thing to do is to get a consult with a FL attorney ASAP. Some will give phone consults, try calling the florida Bar Lawyer refferal Service at 1-800-342-8011.

 

[brennonsdaddy05]

Thank you for your advice. Well, I am waiting to hear back from another atty for a consultation in where to go. I have also already contacted the FL Bar to file a complaint against my now former atty and the mediator for not discussing the visitation credit and the IRS exemption with me, but they discussed with my now ex-wife. I know I talked with someone at the clerk's office and said I could file the modification form and pay the $50 and see what happens.

 

[meanyjack]

I have also already contacted the FL Bar to file a complaint against my now former atty and the mediator for not discussing the visitation credit and the IRS exemption with me, but they discussed with my now ex-wife. .

Are you freaking kidding me??!!?! You file a FRIVOLOUS complaint over THAT?!?! Good grief. The mediator doesn't owe you a damn thing. The mediator does not work for you. You should probably educate yourself on the role of a mediator (heck, look up "mediator" for starters.) Even your ex-attorney not discussing this with you (have you ever forgotten anything? Did YOU even bother to ask??? ) is hardly basis for a complaint. Don't be surprised when your complaint is dismissed.

 

[stealth2]

Actually... you don't know that either the mediator or your lawyer talked to her. Maybe she just did better research on her own. I certainly didn't rely on any third party when I was getting divorced. Maybe she didn't either. Don't be in such a rush to "report" someone.

 

[LdiJ]

10 days every other month is 60 days a year. Most states do not give a visitation/parenting time credit for that small an amount of visitation. That's only 8 days more than just every other weekend, without any of the extra time that usually is part of a "standard" schedule.

 

[truebluemd]

10 days every other month is 60 days a year. Most states do not give a visitation/parenting time credit for that small an amount of visitation. That's only 8 days more than just every other weekend, without any of the extra time that usually is part of a "standard" schedule.

how is it possible to do a schedule like that when the child is in school. That is at least one week out of school every other month.