Ending CS ?

[4children]

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

My kids dad notified me that he will be returning back to 1st shift on his job. ( Which, was supposed to happen in
July but, I have my own opinion about that.)
Now the kids will be going to daycare. Dad, say's he isn't going to pay CS to me, which is court ordered. Unless, I help him pay for daycare. Dad has always paid for daycare, when needed. And, he has always filed both kids on his taxes. The kids daycare a week is $170.00. Before and after school. Almost as much as Dad CS obligation is a month. I'm one of the unfortunate one's that have been laid off for months now.
And, I can't afford anymore money to go out, until I find a job. Which, I know isn't going to stop the world from turning. I just need to know my rights. And, dad is also behind in his CS.

My questions are:

*With the CS being court ordered, will Dad need (have) to file for a modification.

*And, what will happen if I don't help with Daycare and Dad doesn't pay any more CS. {We go to court in July for custody}

Can anyone help?!!!

 

[LdiJ]

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

My kids dad notified me that he will be returning back to 1st shift on his job. ( Which, was supposed to happen in
July but, I have my own opinion about that.)
Now the kids will be going to daycare. Dad, say's he isn't going to pay CS to me, which is court ordered. Unless, I help him pay for daycare. Dad has always paid for daycare, when needed. And, he has always filed both kids on his taxes. The kids daycare a week is $170.00. Before and after school. Almost as much as Dad CS obligation is a month. I'm one of the unfortunate one's that have been laid off for months now.
And, I can't afford anymore money to go out, until I find a job. Which, I know isn't going to stop the world from turning. I just need to know my rights. And, dad is also behind in his CS.

My questions are:

With the CS being court ordered, will Dad need (have) to file for a modification.

And, what will happen if I don't help with Daycare and Dad doesn't pay any more CS. {We go to court in July for custody}

Oh yah, kids go to school in Dads school district. I'm working on moving back to their school district before Our Next Custody date. Hopefully, I'll be moving before the end of May.

Can I assume that you and dad have 50/50 custody? (I am making that assumption because he is paying you child support) If so, you are both required to provide your own day care, on your own time.

However if the children are living primarily with dad, then you could end up not only paying daycare, but paying child support as well.

 

[DawnPlusTwo]

How far do you live away from Dad and Kids?

Would it be possible for you to provide the child care, when needed, since you've been laid off?

Not only are you NOT having to pay out hefty daycare costs, but you also get more time with the kids. Win/win situation

 

[4children]

Can I assume that you and dad have 50/50 custody? (I am making that assumption because he is paying you child support) If so, you are both required to provide your own day care, on your own time.


However if the children are living primarily with dad, then you could end up not only paying daycare, but paying child support as well.

Res: From Nov' 08 kids were with me (Mom) everyday. Dad 20-25 hours a week. Dad would pick them up after he got off work in the morning around 8am and returned them between 7-8pm M-F. And kids with me every week end.


As of today, kids will be with dad Monday after school until Friday morning. I will pick them up after school, and keep them every week end until we go back to court for Custody in July for Primary Custody of kids. We now have Joint Legal and Physical. Dad filed for Primary.

 

[4children]

How far do you live away from Dad and Kids?



Would it be possible for you to provide the child care, when needed, since you've been laid off?

Not only are you NOT having to pay out hefty daycare costs, but you also get more time with the kids. Win/win situation

Res: About 25 miles. And, kids were with me since the last week in Nov 08'. Dad would pick them up around 8am M-F and return them 7-8pm. And, with me (Mom) every week-end. And, also on extended week-ends. (Documenting)

From the last week in Nov 08", until Christmas break. I took the kids to school everyday and picked them up. Dad had them for four days, and brought them back.

Dad took back the transportation from me that he had in his name, back in Feb. when I filed for CS. I'm working on getting transportation of my own. Finding a job, Finding a lawyer, and finding a place in kids school district. Stress, but that's what we sometimes do as parents. But, I will dig myself out of it.

Dad wants kids with me all the time and don't want to give me a dime. Something his done since they were born. When, it was convient for him. And, I just got tired of it. I've learned on this Forum that a parent doesn't have to give the other squat unless it's court ordered. And, he hadn't paid Day-care since Dec 08'. That's why I really didn't push dad claiming kids on his taxes every year since they were born. ( with the expense of daycare) Which, I still felt wasn't fair to me. But, that's another story.

Sorry, for the rambling. And, the migraine doesn't help either.

 

[LdiJ]

Res: From Nov' 08 kids were with me (Mom) everyday. Dad 20-25 hours a week. Dad would pick them up after he got off work in the morning around 8am and returned them between 7-8pm M-F. And kids with me every week end.


As of today, kids will be with dad Monday after school until Friday morning. I will pick them up after school, and keep them every week end until we go back to court for Custody in July for Primary Custody of kids. We now have Joint Legal and Physical. Dad filed for Primary.

So, the kids will be with you 3 nights a week and dad 4 nights a week? That's a big change from being with you every night and every weekend. Why did that change happen? That is basically dad being primary, even though you will actually be spending more time with them than dad.

 

[4children]

So, the kids will be with you 3 nights a week and dad 4 nights a week? That's a big change from being with you every night and every weekend. Why did that change happen? That is basically dad being primary, even though you will actually be spending more time with them than dad.

Dad will be starting back on first shift today, I think. On friday morning kids were waiting for dad to pick them up at 8am. We didn't hear from him until 1:15pm. So, they missed school. Said, he got hurt at work (his back) at, 4:00 am. But, couldn't call to tell me, so I could make arrangements to get them there. When, I figured he wasn't coming, it was to late. When, I did get up with my back-up (she doesn't have a cell phone) it was 2:30pm, to late.

Are you saying that nights are more important than actual physical time spent with kids?