does it state when child support is supposed to start?
Here is what the Judge ruled on 2/27/09.He did not state a start time for CS but he did for custody. Hope this helps!!!!
The Court has -- the issue -- the first thing that the Court must remind everybody is that the two most important people in the lives of these twins are the mother and the father. I think that the reason for Ms. XXXXX wanting to move to Texas is because it’s difficult for her to take care of the children without the support of an extended family that Mr. XXXX has.
Mr. Smith quoted or mentioned a part of this Bodne case, and I think it might be appropriate for the Court to actually quote from this case and just substitute the names of XXXX for Bodne. And I will make that substitution here.
“Ms. XXXX decision to place her interests first affected Mr. XXXX ability to continue his involvement in the children’s lives and also had a direct effect on the children. The trial court found that both parties were fit parents, that each parent had established a loving relationship with the children, and that since the time of the divorce the parties shared equal custody, care, and access to the children.”
We don’t have that equal custody and access in this case, but there is a substantial time that Mr. XXXX has with the children.
The Court’s got to determine in every change of custody case whether there’s been a substantial change in a material condition affecting the children’s welfare. And since Bodne, moving and relocating to another state can be a substantial change. In this case, relocating would put the children 15 hours away from their father. It would deprive the children of the support system of two sets of grandparents. It would impact them in that way. And while the courtroom may be a mirror that does magnify our thoughts, the Court is aware that Ms. XXXX has moved several times since the divorce, she has had an affair and a child out of wedlock. And that action is going to affect these two children. It, I think, is uncontradicted that -- and I think the Court can just about take -- that common sense would dictate that that entire relationship is causing some confusion in the minds of the children.
The Court believes that Ms. XXXX decision without -- with little or no notice to or discussion with or regard for Mr. XXXX and his relationship with the children is a substantially -- is a substantial change in the circumstances of the children that would affect their welfare negatively.
The Court has every reason to believe that the children would have a far more nurturing environment with their father and will modify the divorce decree so that the father will have primary physical custody of the minor children and that the mother will have the same visitation as the father had under the original divorce decree, with the exception that she will have first, second, and fifth weekends. If my calculations are correct regrading the child support worksheet, that would amount to close to $XXXa week that Ms. XXX pays.
MR. SMITH: Your Honor, one point of clarification: They will continue to share joint legal custody?
THE COURT: Joint legal custody will still be shared, and Mr. XXXXX will have to consult with Ms. XXXX on all the major decisions affecting the children but will, of course, be the primary -- he will be the primary decision-maker in their lives
MR. ALEXANDER: Your Honor, one point of clarification. The kids are currently in the Commerce City Schools. Does this take effect immediately so we’ll be changing schools for the minor children at this point?
THE COURT: Tomorrow’s the 1st day of March.
COURT REPORTER: Sunday is the 1st day of March.
THE COURT: Well, not tomorrow, but ... they have two months in school. They are both in kindergarten, are they not? The order will -- the order transferring custody will take effect immediately, and Mr. XXXX, if he chooses, can let the children remain in kindergarten if he thinks that’s best for them. Kindergarten is -- if XXXX is going to be repeating kindergarten, anyway, I don’t think it’s that big of a issue. And the Court will permit Mr. XXXX, if he chooses, to take physical custody of the children Sunday at 2:00.
